An Anthropo-Legal Analysis Of The Implementation Of The Caning Law In Aceh From The International, National, And Local Perspectives

Abstract

This article examines the practice of caning as a form of punishment for violating Islamic law (sharia) in Aceh, Indonesia. It analyzes the implementation of the caning law from three different perspectives: international, national, and local. This article argues that the caning law is a contested issue that reflects the tensions and dynamics between these three levels of governance and normativity. The article also discusses the impacts and challenges of the caning law on human rights, social justice, and public order in Aceh. This article suggests some ways to reform the caning law and its application to respect the values of democracy, rule of law, and human dignity, as well as to accommodate the diversity and aspirations of the Acehnese people, who are an indigenous ethnic group with a history of political struggle against colonialism and a strong adherence to Islam. The article also provides some background information on the culture, language, and history of the Acehnese people, who have been influenced by Arabian, Indian, Malay, Cham, and other ethnic groups. Furthermore, the article explores how Islam influences Acehnese culture in various aspects, such as law, education, art, literature, and politics. This article shows that Islam is not only a religion but also a source of identity, morality, and resistance for the Acehnese people. This article also examines how the Acehnese people have interpreted and practiced Islam in different historical contexts, such as the pre-colonial sultanate, the colonial resistance, the post-independence integration, and the contemporary autonomy.