Pelaksanaan Putusan Maisir Di Mahkamah Syar’iyah Lhokseumawe
| Main Author: | Kalsum, Ummi |
|---|---|
| Other Authors: | Kalo, Syafruddin, Mulyadi, Mahmud, Hasibuan, Syafruddin S. |
| Format: | Masters |
| Bahasa: | ind |
| Subjects: | |
| Online Access: |
http://repository.usu.ac.id/handle/123456789/22146 |
Daftar Isi:
- Seen from formal yuridical, Islamic law in Nanggroe Aceh Darussalam (NAD) is based on Act. No. 44 of 1999 concerning with the application of special region of Aceh and Act. No. of 2006 concerning with Aceh Governmental, Article 128 to Article 137 governing the Islamics Court. In creating the Islamic law court, it is then formed Qanun No. 10 of 2002 concerning with Islamic law court and Qanun No. 13 of 2003 concerning with maisir. Article 5 Qanun No. 13 of 2003 states that “everybody is prohibited to do the maisir (gambling)”. In fact that in Islamic Court in Lhokseumawet, there are still found those who perform gambling that did not make the decision, although there is the fixed law decision. It is against to Qanun No. 13 of 2003 too. Article 22 (i) states that the presecutor has the authority to make the decision and the establishment of the lawyer. The problem to pose in this research are 1) How is the arrangement of the law for the gambling in Qanun No. 13 of 2003?; 2) How is the application of the decision for the gambling in Islamic Court in Lhokseumawe?; and 3) What are the factors as the hindrances for the implementation of the gambling decision in Islamic Court in Lhokseumawe and what is the solution to the hindrances?. This research is analytical descriptive. It is empirical yuridical supported by primary and secondary data. Yuridical research means the research which is carried out by researching the library material releted to the law and the problem to searched. Empirical study is carried out to see the law from the reality. The results of the research show that gambling in NAD has been arranged in Qanun Number 13 of 2003. The duty of combat the gambling in NAD should be done by criminal justice system consisting of sub-systems such as Islamic Law Department, Wilayatul Hisbah (WH), police, court, and Islamic Court. The implementation of flagellant punishment should fulfill the procedure, as it is arranged in the decision of Governor No. 10 of 2005 and Article 28 to Article 31 Qanun Number 13 of 2003. The implementation of the flagellant punishment will be done in front of the mosque after the Friday praying and it is witnessed in front of public with the intention of giving shameful feeling. There are some hindrances to find in the implementation of gambling decision in Lhokseumawe, namely a) Qanun Number 13 of 2003 concerning with maisir (gambling) is not complete; b) the prevailed of personality principle; c) the complicated and long bureacration; and d) the lawyers supervisor and observers is not running well. The solution to offer for the hindrances is that all sub-system of the court in Lhokseumawe should give the input to Government of Aceh and The Regional Legislative of Aceh should make the correction to the Qanun Number 13 of 2003 concerning with the gambling (maisir).
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