Public Caning: Should it Be Maintained or Eliminated? (A Reflection of Implementation Sharia Law in Indonesia)

This article investigated the corporal punishment through judicial caning in Aceh, Indonesia. The judicial caning is conducted publicly and easily watched by the crowd, including children. This article aimed to search the facts that occurred during the implementation of judicial canning in Aceh. Thi...

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Autor principal:	Muhammad Siddiq Armia
Formato:	article
Lenguaje:	AR EN
Publicado:	P3M STAIN Kudus 2019
Materias:	public caning, corporal punishment, islamic criminal law. Islam BP1-253
Acceso en línea:	https://doaj.org/article/1c96475e841b4c2b9d0f7663431a276d
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spelling	oai:doaj.org-article:1c96475e841b4c2b9d0f7663431a276d2021-11-09T10:26:21ZPublic Caning: Should it Be Maintained or Eliminated? (A Reflection of Implementation Sharia Law in Indonesia)2355-18952476-930410.21043/qijis.v7i2.4974https://doaj.org/article/1c96475e841b4c2b9d0f7663431a276d2019-12-01T00:00:00Zhttps://journal.iainkudus.ac.id/index.php/QIJIS/article/view/4974https://doaj.org/toc/2355-1895https://doaj.org/toc/2476-9304This article investigated the corporal punishment through judicial caning in Aceh, Indonesia. The judicial caning is conducted publicly and easily watched by the crowd, including children. This article aimed to search the facts that occurred during the implementation of judicial canning in Aceh. This study employed a qualitative method, with the interview as the main instrument and also used the black-letter law as a supporting approach. The research finding showed that public caning does not guarantee a deterrent effect on the defendants. In some cases, such as gambling and drinking, some of them will potentially repeat the same cases the following years, because the law concerning gambling and drinking does not accommodate rehabilitation mechanism. Furthermore, children attending the canning process will likely imitate the process in their future life. This research has a clear novelty as publication related to judicial caning is still limited in research and articles regarding the Indonesian legal system.Muhammad Siddiq ArmiaP3M STAIN Kudusarticlepublic caning, corporal punishment, islamic criminal law.IslamBP1-253ARENQudus International Journal of Islamic Studies, Vol 7, Iss 2, Pp 301-328 (2019)
institution	DOAJ
collection	DOAJ
language	AR EN
topic	public caning, corporal punishment, islamic criminal law. Islam BP1-253
spellingShingle	public caning, corporal punishment, islamic criminal law. Islam BP1-253 Muhammad Siddiq Armia Public Caning: Should it Be Maintained or Eliminated? (A Reflection of Implementation Sharia Law in Indonesia)
description	This article investigated the corporal punishment through judicial caning in Aceh, Indonesia. The judicial caning is conducted publicly and easily watched by the crowd, including children. This article aimed to search the facts that occurred during the implementation of judicial canning in Aceh. This study employed a qualitative method, with the interview as the main instrument and also used the black-letter law as a supporting approach. The research finding showed that public caning does not guarantee a deterrent effect on the defendants. In some cases, such as gambling and drinking, some of them will potentially repeat the same cases the following years, because the law concerning gambling and drinking does not accommodate rehabilitation mechanism. Furthermore, children attending the canning process will likely imitate the process in their future life. This research has a clear novelty as publication related to judicial caning is still limited in research and articles regarding the Indonesian legal system.
format	article
author	Muhammad Siddiq Armia
author_facet	Muhammad Siddiq Armia
author_sort	Muhammad Siddiq Armia
title	Public Caning: Should it Be Maintained or Eliminated? (A Reflection of Implementation Sharia Law in Indonesia)
title_short	Public Caning: Should it Be Maintained or Eliminated? (A Reflection of Implementation Sharia Law in Indonesia)
title_full	Public Caning: Should it Be Maintained or Eliminated? (A Reflection of Implementation Sharia Law in Indonesia)
title_fullStr	Public Caning: Should it Be Maintained or Eliminated? (A Reflection of Implementation Sharia Law in Indonesia)
title_full_unstemmed	Public Caning: Should it Be Maintained or Eliminated? (A Reflection of Implementation Sharia Law in Indonesia)
title_sort	public caning: should it be maintained or eliminated? (a reflection of implementation sharia law in indonesia)
publisher	P3M STAIN Kudus
publishDate	2019
url	https://doaj.org/article/1c96475e841b4c2b9d0f7663431a276d
work_keys_str_mv	AT muhammadsiddiqarmia publiccaningshoulditbemaintainedoreliminatedareflectionofimplementationsharialawinindonesia
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Public Caning: Should it Be Maintained or Eliminated? (A Reflection of Implementation Sharia Law in Indonesia)

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