Function and Position of Aceh Syar'iyah Court in the Legal System in Indonesia

Abstract

Purpose: This research normatively reviewed and analysed thoroughly the function and position of Syar'iyah Court in Aceh in the National legal system. It also viewed the Syar'iyah Court as part of the legal system in Indonesia. Theoretical framework: The implementation of the freedom of independent judicial power is inseparable of the implementation of the system contained in the 1945 Constitution and in accordance with the values upheld by the international community through The Universal Declaration of Human Rights. Method: The research method used normative legal research using the statutory approach and conceptual approach related to the function and position of Aceh Syar'iyah Court in the legal system in Indonesia. Conclusions: Law Number 44 of 1999 determines the power and authority of the Syar'iyah Court to be realized in the form of implementing Islamic law for its adherents and Law Number 18 of 2001 determines the power and authority based on Islamic law in the national legal system, which is further regulated by Qanun of Aceh Province. Moreover, Law Number 11 of 2006 on Aceh Government also determines that the Syar'iyah Court has the authority to examine, adjudicate, decide, and settle cases in family, civil, and criminal laws based on Islamic Sharia. Research Implications: In carrying out its duties, the Syar'iyah Court in Aceh is obliged to uphold the dignity of the community in general and the basic rights and obligations of the community in particular. Originality/value: In practice, the implementation of Islamic Sharia in Aceh has provided protection, justice, and a sense of security and comfort to all citizens in Aceh.