A Siyāsah Qaḍā’iyyah Perspective on the Implementation of Article 67 of Qanun Aceh No. 6/2014 in the Mahkamah Syar‘iyyah of Banda Aceh

Abstract

Aceh, as a region with special autonomy to implement Islamic law, holds the authority to enforce jināyah (criminal) law, as stipulated in Qanun Aceh Number 6 of 2014 concerning Jināyah Law. Notably, Article 67 of the Qanun provides special treatment for children who commit jarīmah (criminal acts), including the limitation of ‘uqūbah (punishment) to a maximum of one-third of the adult sentence, and rehabilitative alternatives such as returning the child to their parents or placement in a rehabilitation institution. However, implementation in the Mahkamah Syar‘iyyah (Sharia Court) of Banda Aceh reveals inconsistencies in judicial decisions and a lack of standardized technical procedures, partly due to the absence of sufficient implementing regulations, as noted in paragraph (2) of the article. This study aims to evaluate the application of Article 67 by the Mahkamah Syar‘iyyah of Banda Aceh and assess its alignment with the principles of siyāsah qaḍā’iyyah (judicial policy). The research adopts a qualitative methodology using a normative juridical approach and case studies of two jināyah verdicts involving children from 2021 and 2022. The findings indicate that the court has made efforts to implement the article; however, the forms of ‘uqūbah applied vary, ranging from limited imprisonment to rehabilitation. This reflects a flexible implementation adapted to the social and psychological conditions of the child. While the decisions generally align with child protection principles, consistency remains a significant challenge. This study highlights Article 67 as a potential meeting point between Islamic law and the national juvenile justice system.