The Contribution of the Aceh Qanun to the Criminalization of Homosexual Behavior in Renewing the Indonesian Criminal Code

Abstract

The current Criminal Code, which is a legacy of Dutch colonialism, which is characterized by individualism and liberalism, needs to be reformed immediately because it is considered not to reflect justice and values that exist in Indonesian society and is considered irrelevant to solving current legal problems, one of which is homosexual behavior. Homosexual behavior is sexual intercourse between someone of the same sex. Homosexual behavior is behavior that is contrary to Pancasila and the values that exist in society. Today, the spread and existence of homosexual behavior is increasingly widespread, one of the factors is social media. This happens because of the legal vacuum. For the wider community this behavior is troubling but as a legal state this behavior has not been regulated in detail in the legislation. Aceh is an area that has regulated homosexual behavior with the Qanun law which is sourced from Islamic law and is implemented effectively. The purpose of this research is to study and analyze the contribution of the Aceh Qanun to the Criminalization of Homosexual Behavior in the Update of the Indonesian Criminal Code. The research conducted is a normative juridical research, data collection techniques with library research, data sources refer to secondary data sources. Based on the discussion of all research results, it was concluded that: The contribution of the Aceh Qanun to the Criminalization of Homosexual Behavior in the Renewal of the Indonesian Criminal Code is the application of Islamic values contained therein, then several things in the Aceh Qanun that can be used as reference material or additional content in the Draft Criminal Code, namely that the Aceh Qanun has defined homosexual behavior into two classifications, namely homosexual behavior between men and homosexual behavior between women; Aceh Qanun has regulated homosexual behavior with children; Aceh Qanun has regulated the repetition of criminal acts of homosexual behavior; Aceh Qanun has regulated homosexual behavior with children; as well as for fines, the Aceh Qanun regulates it with a measurement value of pure gold which is considered to have a stable value over time.
Keywords: Criminalization, Homosexual Behavior, Aceh Qanun, Renewal of the Criminal Code