KISWATI , JOHAR (2008) TINJAUAN YURIDIS NORMATIF KONSEP NEGARA KESATUAN REPUBLIK INDONESIA DENGAN ADANYA OTONOMI KHUSUS PEMERINTAHAN ACEH (Tinjauan Terhadap Hak Pemberlakuan Syariat Islam). Other thesis, University of Muhammadiyah Malang.
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TINJAUAN_YURIDIS_NORMATIF_KONSEP_NEGARA_KESATUANREPUBLIK_INDONESIA_DENGAN_ADANYA_OTONOMI_KHUSUSPEMERINTAHAN_ACEH.pdf Download (144kB) | Preview |
Abstract
Special autonomy which given by republic government of Indonesia is pisaller to act of Note of Understanding Helsinki between Republic Government Of Indonesia with Movement Aceh Independence. In arrangement of the special autonomy poured in Law Number 11 Year 2006 concerning Governance of Aceh, arrangement of special autonomy of Aceh give special rights to government of Aceh one of them rights application of un-gone into effect by Islam syariat in other area. With application of Islam syariat in Aceh shall no longger use national law that is shall no longger use Book Criminal law and Civil Code as material law, is for the law of formal shall no longger use Book Procedure of criminal and Book Procedure of civil law. This Matter which become object at the same time the problem of this research is how evaluation of yuridis conception Republic Of Indonesia unity state with existence of special autonomy evaluated from rights applying of Islam syariat in societal life and have state to for Aceh society. Research method which used in this research is normatif yuridis exploited technique analyse descriptive data qualitative that is performed a Law study or seeking Governance of Aceh to Constitution 1945 and other legislation order with a purpose to answer problems which have been told. Pursuant to research result, Before UUD amandemen 1945 Indonesia as stiff unity state, where all areas arranged at a time and uniform there no differentiation between special region and other area. After UUD amandemen 1945 and existence of Note Agreement of Helsinki between Republic Government Of Indonesia with Movement Aceh Independence to keep maintaining Aceh so that remain to in wings of NKRI given by arrangement of special autonomy for the Governance of Aceh. Where special autonomy for the Aceh give different arrangement of other area in Indonesia particularly rights applying of Islam syariat for Aceh people. With existence of rights application of Islam syariat in NAD shall no longger in using national law as in other area of KUHP and KUHPERDATA and of KUHAP and of KUH Perdata, in NAD entitled to use based by law is good Islam syariat of arrangement and dubious of him as well as for the law of formal or material law of him . Is as unity state in practice during all these of areas is used by national law all is same between areas. In the practice of politicals one area shall no longger use national law and have separate law is in practice federation state. Indonesia Are is unity state like written in Section 1 sentence (1) UUD 1945 and the form do not earn to be altered written in Section 37 sentence (5) UUD 1945 hence application of Islam syariat is deviation of unity form and with existence of special autonomy for the government of Aceh, Indonesia shall no longger as stiff unity state like before amandemen but along from the special district demand of Aceh which wish seceded, hence government give different arrangement according to desire of people of Aceh so that Aceh remain to in wings of Unity State Republic Of Indonesia so that this matter make Indonesia as dynamic unity state or is unity state running system of one system multy state. Conclusion of this research is Indonesia in running state as unity state shall no longger as stiff unity state like before UUD amandemen 1945, but along the existence of unity state area demand adapt to to have the character of dynamic in arrangement for special region specially Aceh so that remain to in wings of Unity State Republic Of Indonesia. With [gift/ giving] of special autonomy of Aceh have special rights that is rights go into effect ground of Islam, the right to form local political party, the right to form custom institute, rights application of Islam syariat, the right to form Lawcourt of syar'iyah, the right to form MPU, counter balance rights finance for NAD, the right to use flag, and device of himne, rights examination of qonun differing from other area. Rights application of Islam syariat give characteristic very khusius for Aceh and application of Islam syariat [in] NAD, for Islam people in Aceh shall no longger apply national law like other area that is KUHP and of KUH Perdata, KUHAP and of KUHA Perdata. This Matter is taken to keep maintaining unity state form for Indonesia and Aceh remain to in wings of Indonesia unity state. Hence with law enforcement of Islam syariat in this NAD of Indonesia as unity state running system of one system multy state.
| Item Type: | Thesis (Other) |
|---|---|
| Subjects: | K Law > K Law (General) |
| Divisions: | Faculty of Law > Department of Law (74201) |
| Depositing User: | Anggit Aldila |
| Date Deposited: | 10 May 2012 02:20 |
| Last Modified: | 10 May 2012 02:20 |
| URI : | http://eprints.umm.ac.id/id/eprint/4972 |
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