WHY THE GROWTH OF QANUN JINAYAH IN ACEH WAS SLOWLY? An Analysis Using Structural Functionalism Theory

The growth of Qanun Jinayah in Aceh is running stagnantly, although the implementation of Islamic Sharia has been implementing for seventeen years. The local government ratified only five qanun Jinayah. In fact, within that time, Aceh Government had imposed 177 qanuns and the crime rate in the region is increasing. Based on the case, this article aims to discuss recent progress of Jinayah law in Aceh and the challenges it faces. Then, using structural-functionalism theory discuss how coordination among sharia institutions worked as part of totality implementation of Islamic law in Aceh. By using qualitative and descriptive-interpretative methods, to examine interpretations and experiences of the subjects, in this case the sharia institutions, including Islamic Sharia Office, the Ulama Consultative Council, Sharia Court, and Sharia police, during their effort to implement Islamic Sharia. And finally, draw conclusion that the growth and development of Jinayah law in Aceh was prolonged because of weak coordination function among the sharia institutions. Therefore, it required a systematic approach based on structural-functionalism theory to encourage coordination between the sharia institutions in supporting the kaffah implementation of Islamic law in Aceh, including its Jinayah law.


Introduction
Doing something at the drop of a hat is the most fitting idiomatic expression to describe the fate of jinayah law in Aceh today. Since the enactment of Law no. 11/2006, the growth and development of jinayah Law in Aceh has been moving to crawl. This sluggish movement portrait the process of signing at the legislative level. After three jinayah Qanun in 2003, up to the present, Aceh government ratified only five jinayah qanuns, namely the Criminal Procedure Code (Number 7/2013) and the Jinayah Qanun (Number 6/2014). In fact, in 2003, the Government of Aceh ratified three qanuns at once, including Qanun on alcohol (Khamar) (Number 12/2003), gambling (Number 13/2003), and adultery (Number 14/2003). Furthermore, compared to the overall growth of qanuns from 2004 until today, no less than 177 qanuns have been enforced in Aceh. 1 On the other hand, the crime rate in Aceh has also increased significantly (https://www.acehbisnis.com/news/polda -aceh-accessed 3 November 2020). 2 This 1 The data is based on the Aceh Qanun list that the author obtained from the Aceh Province Islamic Sharia Office on August 23, 2021. Additionally related to the implementation of the privileges and specialties of Aceh, 3 the regional government establishes several Islamic institutions to support as a consequence of the implementation of 2014 (Accessed 23 June 2021). See also data from the Provincial Sharia Court, case reports that went to the Court in 2020 from January-December were 30 cases, but in 2021 from January-June, there were 216 cases. See the report on the jinayat case submitted to the Sharia Court in Aceh Province in January-December 2020. 3 These institutions are the Islamic Sharia Service (Dinas Syariat Islam), Sharia police (Wilayatul Hisbah), Ulama Consultative Council (Majelis Permusyawaratan Ulama), Sharia Court (Mahkamah Syariah), State Guardian (Wali Nanggroe), Dayah Agency, Regional Education Council (Majelis Pendidikan Daerah), and Aceh Customary Council (Majelis Adat Aceh). However, due to time constraints, in this paper, the author only discusses four closely related institutions to implement Islamic law in Aceh, namely Islamic Sharia Service, Ulama Consultative Council, Sharia Court, and Sharia Police. However, this study also uses a snowballing system; if later links are found with other institutions and people involved in implementing Islamic law, these institutions and people will also be studied to clarify problems and enrich information.

Al-Risalah
Vol .  Several studies on qanun jinayah in Aceh have been conducted, but the existing research generally examines the Sharia regulations' legal standing, including the pros and cons of Qanun Jinayah in Aceh. In addition, Ridwan Nurdin (2019), MuIksan (2017), Kamarusdiana (2016), Dwiyana Achmad, andHartanto (2017) examine the contribution of jinayah law in Aceh to the 4 These institutions are the Islamic Sharia Service, Sharia Police, Ulama Consultative Council, Sharia Court, Wali Nanggroe, Dayah Board, Regional Education Council, Aceh Customary Council (MAA). However, due to time constraints, in this paper, the author only discusses four institutions that are closely related to the implementation of Islamic law in Aceh, namely Islamic Sharia Service, Ulama Consultative Council, Sharia Court and Sharia Police. However, this study also uses a snowballing system. It means that if later links are found with other institutions or people involved in implementing Islamic law, these institutions and people will also be studied to clarify problems and enrich information. 5 Several other institutions are related to the implementation of Islamic sharia in Aceh because, based on the Qanun, each Government agency in Aceh has a responsibility to support the implementation of Islamic sharia in the area. Such as the Aceh Privileges Agency, the Regional Education Council, the Aceh Customary Council, the Attorney General's Office, the Police, and Educational Institutions. However, due to time constraints, this paper limits it to only four institutions, namely the Ulema Consultative Assembly, the Islamic sharia Service, the sharia Court, and the Shari'a Police. In terms of the implementation of Islamic law in Aceh, according to Alyasa' Abubakar, four things need to be studied, firstly the content or scope of Islamic law, secondly, its implementation practices, thirdly, the forum, and fourthly the establishment of the agency or institution. See Alyasa' Abubakar, Islamic sharia in Aceh as a Privilege of Isometric Autonomy (Concept and Authority Review), Banda Aceh: Muhammadiyah and Shahifah University, 2019), p. 53. development of criminal law in Indonesia. Some studies examine the legislative process of Islamic criminal law into national law, which is termed the legislative process or formalization of Islamic criminal law in Indonesia, such as the Amsori & Jailani (2018), Ali Geno Berutu (2017), and Iskandar (2017) all discuss its challenges and obstacles.
Of all the studies, none has studied the growth and development of Qanun Jinayah concerning inter-institutional coordination. Likewise, there have been no studies on Qanun jinayah using the structural-functional approach. This paper specifically examines the growth and development of Islamic criminal law in Aceh in relation to coordination between sharia institutions using a structural-functional theory approach. Talcott Parson's structural-functionalism theory is essential to understand the correlation or linkage of law enforcement indicators as a system. Therefore, this study is critical because it aims to determine the coordination indicators between sharia institutions in Aceh. In a nutshell, the problems are: (1) how is the coordination between sharia institutions in Aceh in the perspective of structural functionalism theory (2) what is the impact on the development of Islamic criminal law in Aceh.

Products of Qanun Jinayah in Aceh
In discussing Qanun Jinayah in Aceh, it is necessary first to comprehend the meaning of Qanun and the concept of jinayah law in Islamic law terminology. This is necessary to see whether the concept of Islamic criminal law understood and implemented by the Acehnese is the same as the ideal concept of Islamic criminal law? And how is the position of Islamic criminal law in the legal system of the unitary state of the Republic of Indonesia?
The term Qanun comes from the Greek language, absorbed into Arabic through the Syriac language. Initially, this word meant a measuring instrument; it also means origin, principal, base, or general rules, whether they are related to law or not. 6 For example, Ibn Sina wrote a book entitled al-Qanûn fi al-Tibb (medicine rules). Then the meaning of Qanun develops into rules, norms, laws, regulations or laws. According to modern Arabic, qanuns are laws. Qanun is the official law enforced in a country 7 . Even though they contain complete regulations on mu'amalah or politics (siyâsah), the fiqh books circulating in the community are not referred to as qanuns.
The qanun intended in this paper is a regional regulation (Perda) as a local law for the Aceh Province used to implement their special autonomy. 8 Accordingly, the Aceh Qanun is a statutory regulation, a type of provincial regulation controlling the administration and life of the Acehnese people. 9 Moreover, specifically, regulating the issue of Islamic criminal law refers to Qanun Jinayah.
Islamic law divides jinâyah into three types based on the severity and lightness of the punishment imposed, namely jinâyah Hudud, qishâs-diyat, and ta'zîr. Hudud is jinâyah that Allah Himself determined the punishment in the form of hudud punishment. The purpose of hudud signifies that the punishment that has been arranged must be carried out as determined; it cannot be more or less than the stipulation. Hudud punishment is a provision from Allah and may not be aborted by anyone, either by individuals or institutions. Punishment is seen as the right of Allah, and its purpose is for the benefit of public to avoid mafsadat and bring benefits to society. The types of jinâyah hudud are; adultery, accusing adultery (qadzaf), drinking alcohol, stealing, robbery, opposing the government, and apostasy. 10 Qishâs-Diyat is jinâyah whose punishment is in the form of qishâs and diyat. In this case, Allah Himself gives punishment and is also the right of the individual or the victim, not society's right; therefore, the sentence is unchangeable, cannot be extended and must be by God's command. This punishment is a personal right for the victim or his family, either forgive the perpetrator of jinâyah or not. If the victim or his family forgives the perpetrator, the crime of jinâyah falls from the criminal. As for these types of jinâyah, they include; Intentional homicide, semiintentional homicide, accidental homicide, intentional injuring, semi-intentional injuring, and unintentional injuring. 11 Ta'zîr is a general term that includes other forms of punishment other than qishâsh-diyât and hudûd. Technically, ta'zîr means to mention actions that are warnings or lessons given to people who make mistakes that are not regulated by the provisions of had law. 12 Or in other words, ta'zîr is a punishment 186 imposed for a crime or jarimah that is not sentenced to the punishment specified in Islamic law, the Qur'an, and the Sunnah, such as jarimah hudud and qishâsh-diyat. 13 In this condition, the actions are considered ta'zîr, and the authorities or judges decide the punishments.
Comprehending the above complexities, Aceh seems challenging to implement the jinayah law because the province is part of the Unitary State of Indonesia that embraces a secular system of government. Accordingly, the 1945 Constitution and the five pillars as the fundamental basis for implementing the law in Indonesia are also the juridical foundation for implementing Islamic law in Aceh. 14 According to Hazairin, the principle of Belief in One God, clarified by Article 29 paragraphs (1) and (2) 16 Law no. 44 of 1999 concerning the Implementation of the privileges of the province of the particular region of for Christians, and Hindu law for Hindus, which requires state intermediaries. Third, the sharia, does not require the assistance of the state power to bear it, which each of its adherents can carry out, becomes a personal obligation to God for each person who carries it out himself his respective religion. Fourth, if regulation is found contrary to the third, fourth, and fifth precepts in the Pancasila due to misinterpretation or religious books, then such religious regulations must be deactivated after discussion with religious leaders. Fifth, the relationship between religion and the second precept in Pancasila is left to the norms of the religion itself or the wisdom of the adherents of the religion. In other words, if the norm in the second precept is contrary based on the pattern of their religion or the general understanding of its adherents, then the norm does not apply to them. Sixth, the Indonesian people who have not been included in the four "religions," namely the people who still worship ancestors and lowly creatures such as animals and trees, and imaginary creations such as mambang and fairies, are subject to the second precept, third, fourth and fifth in carrying out a normative culture caused by their living culture, which is commonly called their customs (customary law, social morality, and traditional arts), so-called in waiting for the success of life improvement efforts their spirituality to a standard of religious life devoted to the Almighty God.

Islamic Institutios in Aceh
After enacting several laws related to the implementation of Aceh's privileges and specificities to implement Islamic law, the local government established several sharia Institutions to support the implementation of Islamic sharia in the area. 17 17 These institutions are the Islamic sharia Service, sharia Police, Ulema Consultative Assembly, sharia Court, Wali Nanggroe, Dayah Agency, Regional Education Council (MPD), and Aceh Customary Council (MAA). However, due to time constraints, in this paper, the author only discusses four closely related institutions to implement Islamic law in Aceh, namely the Islamic sharia Service, sharia Police, Ulema Consultative Assembly, sharia Court. However, this study also uses a These institutions are directly or indirectly related to the development of Islamic law in Aceh, including the growth and development of the qanun jinayah. In this paper, only four institutions are essential for analyses, namely the Islamic Sharia Service (DSI), the Ulama Consultative Council (MPU), the Sharia Court (MS), and the Sharia police (WH). 18 The first institution is the Islamic Sharia Service Institute (Dinas Syariah Islam), established underpinning on the Regional Regulation of the Province of the Special Region of Aceh No. 33 of 2001. The institution is acting on behalf of the Regional Government for implementing sharia in Aceh. Second, the Ulama Consultative Council (Majelis Permusyawaratan Ulama), well known as MPU, was established based on Law Number 44 of 1999 concerning the implementation of the Privileges of Aceh, Which strengthens the four features of Aceh including to being exceptional in religion, snowballing system. It means that if later links are found with other institutions and people involved in implementing Islamic law, these institutions and people will also be studied to clarify problems and enrich information. 18 Several other institutions are related to the implementation of Islamic sharia in Aceh because, based on the Qanun, each Government agency in Aceh has a responsibility to support the implementation of Islamic sharia in Aceh. Such as the Aceh Privileges Agency, the Regional Education Council (MPD), the Aceh Customary Council (MAA), the Attorney General's Office, the Police, and Educational Institutions. However, due to time constraints, this paper limits it to only four institutions, namely the MPU, the Islamic sharia Service, the sharia Court, and sharia Police. In terms of the implementation of Islamic law in Aceh, according to Alyasa' Abubakar, four things need to be studied, firstly the content or scope of Islamic law, secondly, its implementation practices, thirdly, the forum, and fourthly the establishment of the agency/institution. See Alyasa' Abubakar, Islamic sharia in Aceh as a Privilege of Isometric Autonomy (Concept and Authority Review), Banda Aceh: Muhammadiyah and Shahifah University, 2019), p. 53.

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Vol. 21, No. 2, December 2021 188 education, customs, and also give the ulama a role in determining regional policies. 19 Based on this law, the task of the MPU institution is not only to support the implementation of Islamic Sharia in Aceh but also to monitor every regulation made by the Aceh Government to avoid conflict with Islamic Sharia.  (2) and Article 9. However, Law No.22/1999 on Regional Government has also mentioned the role of the ulama in Aceh in determining regional policies. Even Article 9 of the law explains that this ulama institution (MPU) is not an institution under the Governor or the Regional People'

The Growth of Qanun Jinayah in the Perspective of Structural-Functional Theory
Acehnese have struggled to demand the implementation of Islamic law throughout the founding of the Unitary State of the Republic of Indonesia. This demand is not an exaggeration, considering not only because of the historical factor that Aceh has Islamic kingdoms, but Aceh also has excellent services for establishing this country (Iskandar, 2017). Apprehending these facts, through a long and even bloody political struggle (A. Hasjmi: 1983;A. Rani Usman: 2003), finally in the reform period, the Central Government issued some laws as a legal protection for the implementation of Islamic law in Aceh, namely As already mentioned, as a consequence of the implementation of Islamic Sharia in Aceh, several institutions related to the implementation of the privileges and specificities of Aceh were established, either directly or indirectly linked to the development of the qanun jinayah and inter-institutional coordination. However, in this paper, only four institutions are examined: the Islamic Sharia Service, the Ulama Consultative Council, the Sharia Court, and Sharia police.
The relationship between the development of Islamic criminal law and coordination between sharia institutions in Aceh can be studied through structural-functionalism. This theory shows that indicators of inter-institutional coordination linkage to legal development are a system that cannot be separated but can be differentiated and is integrally comprehensive. This system implies that each indicator has interdependence on other indicators so that the analysis must be viewed as a whole from each indicator but is a unified whole.
In analyzing the coordination issues among sharia institutions, the author employs Talcott Parson's theory on structural functionalism. This theory helps understand the correlation or linkage of law enforcement indicators as a system, so that problems can be identified through the coordination between sharia institutions that impact Islamic criminal law's growth and development from structural functionalism theory.
According to Parson, a system must have four functions to prevail: Adaptation, Goal Attainment, Integration, and Latency (or pattern maintenance), abbreviated to AGIL 24 . The first aspect is adaptation; in this case, the need for Qanun Jinayah must adapt to environmental conditions and adjust the environment so that the qanun can be born. The rise of criminal cases in Aceh requires a solution in the form of a new regulation (qanun). Therefore, the government urgently needs to carry out the administrative process to answer the problem of crime. Therefore, the local government needs to carry out the administrative process promptly to solve the crime problem. 25 Until now, the local government has issued very few qanuns, even though the implementation of Islamic law in Aceh has been almost seventeen years.
Second, Goal Attainment is a system that defines and achieves its primary goals. Cconcerning the formation and development of Islamic criminal law, these activities aim to increase the legal awareness of the citizens towards Islamic criminal law. The fiction theory adage, which says that "everyone is considered to have understood the law" after being legally promulgated, is insufficient to achieve the goal of a lawabiding society. Therefore, it is essential to disseminate information to the public on every promulgated law. Regarding the growth and development of Islamic criminal law, several respondents were asked about what qanuns have been promulgated to test their knowledge of law awareness and law acquaintance.
However, the data reveals, except for the Islamic Shari'a Service Chairperson, almost all the sharia institutions' heads studied doubtful how many jinayah qanuns issued in Aceh. All respondents ensure they could be  , 1982).
The third is integration. In coordination requires a system of integration to set the relationships between the organizations. The system also becomes its components and manages the relationships between the three other essential functions of A,G, L to function effectively.
The four law enforcement components, including Sharia Service, Sharia Courts, Sharia Police, and Ulama Consultative council, are unity because they are part of one system. If one component does not function properly, the work system and goals will be disrupted. For example, suppose those who care about the qanun jinayah are merely the department of Sharia service, while other institutions ignore them. In that case, the work system and the achievement of goals are disturbed. Or vice versa, if the Sharia Service neglects its duties as coordinator, then the executing agency in the field also becomes less effective. One form of integration is the problem of coordination between institutions. In this case, the author finds that the Shari'a institutions in Aceh do not have a fixed agenda for regular coordination. 27 Some meetings are incidental when some legal issues occur in the community and require an immediate solution. 28 Even some institutions claim never receive invitations for meetings, let alone coordination. 29 The fourth component of Parson's theory is latency, also called pattern maintenance. A system must complement, maintain, and improve individual motivation and cultural patterns that create and sustain motivation. Legal coordination must be carried out continuously by evaluating the components that need improvement. If the weakness lies in the legal factor (law), then efforts to revise or change the regulations are necessary because the norms or legal rules can no longer follow society's development. However, it is also necessary to change legal norms carefully because these changes can be degressive.
However, in the context of Aceh, up to the present time, there has been no clear roadmap to direct the travel route of Shari'a in Aceh, which can be a guide for all institutions and communities. The blueprint of Islamic law in Aceh has been discussed for a long time ago, but it has not been completed until recently, even though many parties consider this primary concept necessary. This then impacts the slow growth and development of Islamic crimi- nal law in Aceh. Therefore, it is not surprising that the impact on legal products, especially criminal law, is minimal.

Conclusion
Coordination between sharia institutions in Aceh did not go smoothly, both in programs and coordination between institutions. The journey of the sharia does not have clear goal attainment. As a result, sharia issues are resolved incidentally, case by case. This fact indicates the local government's lack of seriousness in carrying out the mandate of Islamic law in Aceh. The local government lacks attention and political will in supporting the implementation of Islamic law in Aceh, especially regarding the case of jinayah. As proof, several regions do not execute the caning sentence because there is no allocation of funds, as shown in the data above. This situation then influences the slow growth and development of Islamic criminal law in Aceh. It is not surprising though the impact on legal products related to criminal law is insignificant.
These conclusions were analyzed using a structural, functional theory approach. The work of sharia institutions in Aceh is still not satisfying. These unsatisfied performances are evidenced by the non-fulfillment of aspects of adaptation, goal attainment, integration, and factor maintenance of work patterns or Latency in the unity of the system. All these institutions should be interdependent in their work, although in their respective functions, and cannot be replaced and must run well. If each feature does not function in balance, everything will be damaged. Like an organism, if something is broken, others will hurt. Likewise, the law is a system that cannot be separated but can be distinguished and is integrally comprehensive, in the sense that each indicator has interdependence on other indicators so that the analysis must be viewed as a whole from each indicator but is a unified whole.
This study is limited to four sharia institutions in Aceh that use a structuralfunctionalism approach to see the development of qanun jinayah. This study has not integrated it with the community perspective and its practical implications to determine the level of effectiveness. This method allows finding a more concrete solution for every legal problem because, in essence, the law is to be enforced amid society, not just promulgated on paper.