The Caning At Public Areas From The Perspective Of Ulema

10.2478/bjlp-2022-002106

Abstract

The application of caning in public places and or in correctional institutions raises the pros and cons of people from various circles. The Acehnese clerics who are affiliated with the Aceh Ulema Consultative Council provide a different view of the contents of the Governor's Regulation Number 5 of 2018 and tend to keep the caning punishment carried out in public areas. However, the views of the Indonesian Ulema Council relatively agree with the Governor's Regulation No. 10 of 2018. This study aims to find out how the views of the Indonesian and Acehnese Ulema Consultative Councils regarding the caning punishment in public areas. This research is empirical or sociological legal research that combines library research and field research. The results of the study indicate that the legal views of the Central Indonesian Ulema Council and the Aceh Ulema Consultative Council, which state that there is an opportunity to change the Whip Governor Regulation and the determination of the requirements and or provisions that regulate the technical implementation of a more humane caning can be used as a solution to address the pros and cons of caning in public areas and public areas. In the Correctional Institution, by conducting research and legal studies together. The review of the Governor's Regulation on the implementation of caning in open areas was reviewed comprehensively in order to find the shortcomings so that there was an understanding between the ulama and the umara in Aceh in the preparation of the revision of the said Governor's Regulation.