Open AccessTHE ENFORCEMENT OF THE WHIPPING SENTENCE AS PART OF THE JINAYAH LAW IN ACEH PROVINCE, INDONESIA
Author(s) -
Mohd Fadhil Md Din,
Muhammad Nur
Publication year - 2021
Publication title -
iium law journal
Language(s) - English
Resource type - Journals
eISSN - 2289-7852
pISSN - 0128-2530
DOI - 10.31436/iiumlj.v29i(s2).685
Subject(s) - executor , law enforcement , law , economic justice , punishment (psychology) , prison , process (computing) , sentence , government (linguistics) , enforcement , political science , business , computer science , psychology , artificial intelligence , social psychology , linguistics , philosophy , operating system
The purpose of this article is to determine the factors that hinder the implementation of the whipping sentence under Aceh’s Jinayah Qanun and the efforts made in overcoming these obstacles. The method used is empirical juridical, using data from the field as the main source. This is done by collecting data from several regions in Aceh, followed by interviews with the prosecutors as the executor in Sharia Court for the Jinayah case. The results show that the execution is the final stage of the judicial process and is expected to achieve the objectives of justice, but there are some cases of jinayah which are not fully executed due to some obstacles that arose. The main obstacles are lack of funding, human resources, and coordination among subsystems in the jinayah justice. The lack of funding will result in delays in implementing whipping punishment so that when it is carried out, it is difficult to bring the convicted person into prison. The efforts made to overcome this problem are by carrying out whipping with minimum funding, developing human resources, and coordinating with the local government to support this execution process.