The Obstacles of Baitul Mall in The Implementation of Qanun Jinayat in Aceh

Authors

  • Mohd Din Universitas Syiah Kuala
  • Azhari Azhari Universitas Syiah Kuala
  • Nursiti Nursiti Universitas Syiah Kuala

Keywords:

Optimization, Baitul Mal, Qanun Jinayat

Abstract

The function of Baitul Mal in the enforcement of Qanun Jinayat is to manage uqubat property in the form of receiving uqubat property and find a place to store confidential objects as well as a place for payment/deposit of uqubat fine. This function has not been carried out yet as it should be in practice. Therefore, the purpose of this study is to find and analyze what causes the malfunction of Baitul Mal in the implementation of Qanun Jinayat. The method used is an empirical legal research method, using primary data as the main data obtained from field research by determining respondents and informants purposively. Primary data are supported by secondary data, both in the form of documentation and literature review. The main data obtained through in-depth interviews in the field will be analyzed using a qualitative approach. With this method, the expected results will be seen, namely explaining the research objectives in the form of an overview about the causes of non-optimal function of Baitul Mal in the implementation of qanun jinayat. The results show that there are several factors that cause not optimal yet the function of Baitul Mal in managing of Uqubat assets, namely in terms of the successful rules explaining the implementation of Governor Regulations about the function of Baitul Mal have not been properly socialized yet so that there are some Baitulmal officers who do not know the right function of Baitul Mal in the management of Uqubat assets. At the same time, there is also a variation of the judge's decision in terms of Baitulmal functions. The recommendation of this study is that the socialization of Governor Regulation Number 59 of 2023 concerning the Management of other Religious Assets in Baitul Mal Aceh should be carried out by the Islamic Sharia Office, and the Improvement of Baitul Mal Human Resources also needs to be strengthened.

Author Biographies

Mohd Din, Universitas Syiah Kuala

Faculty of Law

Azhari Azhari, Universitas Syiah Kuala

Faculty of Law

Nursiti Nursiti, Universitas Syiah Kuala

Faculty of Law

References

Abubakar, A. (2019) Problems with Enforcement of Qanun Jinayat in Aceh. Banda Aceh: Sahifah.

Din, M. (2023) Synergy Between Law Enforcers and the Aceh Government in the Empowerment of Caning Criminal Procedure. Banda Aceh.

Kansil, C. et al. (2009) Dictionary of Legal Terms. Jakarta.

Wardani, HK and Tho'in, M. (2013) 'Management of Baitul Maal in Improving State Welfare', Journal of Accounting and Taxation, 14(01). Available at: https://doi.org/10.29040/jap.v14i01.137.

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Published

2024-12-31