Faradilla Fadlia, Annisah Putri, Siti Ikramatoun, Ismar Ramadani
This study aims to analyze the implementation of the Qanun Jinayat, or Islamic criminal law, in Aceh, Indonesia, which utilizes 'raids' as one of the instruments for implementing the Qanun Jinayat. From the raid process, the perpetrator was interrogated by residents and asked to make a confession and take an oath that he had committed adultery. This confession is then used as the only evidence for a judge's consideration in making a hudud decision. This study examines two key aspects: first, how the raid violated a person's right to privacy, as this is not regulated in the Qanun Jinayat. Second, the evidence for confessions by the perpetrators obtained through the interrogation process as a result of raids by residents is a confession given out of necessity, not the suspect's conscious confession. This paper uses a qualitative method by utilising in-depth interviews conducted in Banda Aceh, Indonesia. This paper concludes that the presence of raids has simplified the evidence for the crime of adultery in the Qanun Jinayat. In Article 182 Number 5 Qanun Aceh Number 7 of 2013 concerning the Jinayat Procedure Law, it is stated that"especially in the case of adultery, it is proven by 4 (four) witnesses who directly saw the process which shows that adultery has occurred at the time, place, and person who are the same." However, what happened in Aceh, of the 135 convictions for adultery crimes from 2016 to 2020, all were based on the suspect's confession, not witness evidence, and DNA. © 2025, State Islamic University of Ar-Raniry Faculty of Sharia and Law. All rights reserved.
Universitas Syiah Kuala Banda Aceh, Universitas Al-Muslim, Indonesia
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