Implementation and Enforcement of Sharia Regional Regulation Problems in Cianjur Regency (Analysis of Regional Regulation No. 3 of 2006 concerning the Akhlaqul Karimah Community Movement)

Abstract

Sharia-Based Regional Regulations are Regional Regulations based on Islamic Sharia values formed and enforced in Cianjur Regency. The problem is how the forming process of sharia-based regional regulations in Cianjur Regency and whether the formation of sharia-based regional regulations in Cianjur Regency follows the previous law. This research is normative legal research using secondary data, which is analyzed qualitatively. This study found that first, the establishment of sharia-based regional regulations in Cianjur Regency was initiated by community aspirations that urge moral improvements and adhere to Islamic values in Cianjur Society. This aspiration became a declaration that is the Declaration on the Movement to Build an Akhlaqul Karimah Society supported by various elements of community organizations and the Cianjur Ulema Council. Second, the forming process of the draft regional regulation is implemented by preparing the Academic Draft of the Cianjur Regional Regulation on the Movement to Build an Akhlaqul Karimah Society. The stages of forming regional regulations were based on the provisions of the Cianjur Regency Regional Regulation No. 2 of 2001 concerning the Preparation of Regional Regulations and the Issuance of Regional Gazettes, which in the end was successfully ratified by Regional Regulation Number 3 of 2006 concerning the Movement to Build an Akhlaqul Karimah Society. Third, the content of the Gate of Marhamah Regional Regulations is a joint effort that is implemented systematically and continuously to practice the akhlaqul karimah values in the community’s daily life which is a stage and an inseparable part of the long-term effort of the people of Cianjur Regency to implement and realize Islam as a rohmatan lil’alamin religion. Fourth, the problems with the Gate of Marhamah Regional Regulation is implementation problems, discrimination problems, and quality problems of regulations in the Regional Regulations.


Keywords: Sharia Regional Regulations; Society; Akhlakul Karimah

References
[1] Muhammad Roy Purwanto, at.al, “Problems of Implementation of Islamic Criminal Law (Qanun Jinayah) In Aceh Darussalam Province”, Review Of International Geographical Education, 11 (9), Spring, 2021, 1755.

[2] Muhammad Alim, “Perda Bernuansa Syariah Dan Hubungannya Dengan Konstitusi”, Jurnal Hukum, No. 1, Vol. 17. 2010. Pp. 137 - 139

[3] Hayatun Na’imah dan Bahjatun Mardhiah, “Perda Berbasis Syariah Dan Hubungan Negara-Agama Dalam Perspektif Pancasila”, MAZAHIB: Jurnal Pemikiran Hukum Islam, Vol XV, No. 2, 2016. Pp. 153-160

[4] Mahdi Syihab, ”Shari’a Enforcement: Ethnography of Dayah Santri Raid Actions in North Aceh”, in Arskal Salim and Adlin Sila (ed.), The Changing Veranda of Mecca, ( Jakarta: Pustaka Alvabet and ARTI, 2010), 58.


[5] Cianjur Regency Profile, www.cianjurkab.go.id. Accessed on 5 Juni 2020.

[6] Ibid,

[7] Ibid,

[8] Ibid,

[9] Ibid

[10] Interview with A, a lecturer in Cianjur Regency

[11] Interview with Mrs. TF, Cianjur citizen.

[12] Interview with wife of STAI Cianjur Lecturer.

[13] Cianjur Regional Regulation No. 03 pf 2006 concerning the movement to Build Akhlaqul Karimah Community.

[14] Ibid

[15] Rencana Strategis Mewujudkan Masyarakat Cianjur: Sugih Mukti Tur Islami. 2002. Cianjur : LPPI Cianjur. This book mentions 36 characteristics of akhlaqul karimah.

[16] Ali Fikri, “Penerapan Perda Syariah dan Respon Gereja di Kabupaten Pemekasan”, Skripsi, Yogyakarta: Universitas Islam Negeri Sunan Kalijaga, 2009.

[17] Tongat, Criminal Life in the Indonesian Criminal Law System, (Malang: UMM Pres, 2004), 58.

[18] Mahdi, , “Legal System for Enforcement of Qanun Jinayah in Aceh”, Media Syariah, Vol. XIII No. 2.. (2011)

[19] Barda Nawawi Arief, Comparative Criminal Law Lecture Material, (Semarang: Master of Law, Diponegoro University, tt)..

[20] Armia Ibrahim, ”Legal Process against Violations of Islamic Sharia Qanun”. Material 192 | Sharia Media, Vol. XIII No. 2 July – December 2011 Briefing of Islamic Sharia Qanuns for Ulama/Women Leaders in Banda Aceh City. April 27-28