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  <front>
    <article-meta>
      <title-group>
        <article-title>Overcoming Barriers to Improve Halal Compliance in Indonesia</article-title>
        <subtitle>Mengatasi Hambatan untuk Meningkatkan Kepatuhan Halal di Indonesia</subtitle>
      </title-group>
      <contrib-group content-type="author">
        <contrib id="person-553dd7d7dfd3165a77825955fc9e1710" contrib-type="person" equal-contrib="no" corresp="no" deceased="no">
          <name>
            <surname>Rahma</surname>
            <given-names>Anita Rizkia</given-names>
          </name>
          <email>anita@gmail.com</email>
          <xref ref-type="aff" rid="aff-1" />
        </contrib>
        <contrib id="person-34033d93476262f952d1cf506dfddd20" contrib-type="person" equal-contrib="no" corresp="no" deceased="no">
          <name>
            <surname>Phahlevy</surname>
            <given-names>Rifqi Ridlo</given-names>
          </name>
          <email>qq_levy@umsida.ac.id</email>
          <xref ref-type="aff" rid="aff-2" />
        </contrib>
      </contrib-group>
      <aff id="aff-1">
        <country>Indonesia</country>
      </aff>
      <aff id="aff-2">
        <country>Indonesia</country>
      </aff>
      <history>
        <date date-type="received" iso-8601-date="2024-10-24">
          <day>24</day>
          <month>10</month>
          <year>2024</year>
        </date>
      </history>
      <abstract />
    </article-meta>
  </front>
  <body id="body">
    <sec id="heading-935f1f8e2e8520c6f87c42cbc9ad3ec6">
      <title>
        <bold id="_bold-1">Introduction</bold>
      </title>
      <p id="_paragraph-4">Aceh Province is the only region in Indonesia that obtains the specificity in implementing Islamic sharia formally through regional legal products called Qanun [1]. One form of implementation of the Islamic Shari'ah is the enforcement of jinayat law, including the sanction of flogging for <italic id="_italic-1">khalwat</italic>offenses. This provision is expressly regulated in Aceh Qanun No. 6/2014 on Jinayat Law, which stipulates <italic id="_italic-2">khalwat</italic> as one of the sharia criminal offenses (jarimah) with certain sanctions [2]. In the midst of this spirit of sharia implementation, Aceh Tenggara District as part of the administrative area of Aceh Province also adopted and implemented these provisions in order to maintain moral values, public order, and the Islamic identity of its people [3].</p>
      <p id="_paragraph-5">However, the implementation of flogging law against <italic id="_italic-3">khalwat</italic> perpetrators in Aceh Tenggara does not always run optimally. In reality, the implementation faces various complex obstacles and challenges. These obstacles include structural aspects, such as limited human resources and infrastructure of law enforcement officials; cultural aspects, in the form of resistance from some people who consider that <italic id="_italic-4">khalwat</italic> is a private domain; and juridical aspects, which are characterized by overlaps between Qanun norms and national legislation [4]. In addition, technical obstacles in the evidentiary process and social pressure on Wilayatul Hisbah officials are also factors that weaken the effectiveness of law enforcement.</p>
      <p id="_paragraph-6">The gap between the applicable legal norms and implementation practices in the field shows the importance of a comprehensive academic study to identify and analyze the obstacles and challenges faced in the implementation of flogging law against <italic id="_italic-5">khalwat</italic> perpetrators [5]. This research is expected to enrich the treasure of contemporary Islamic law literature in Indonesia and provide strategic recommendations for local governments, law enforcement officials, and other stakeholders in formulating a more effective, fair, and contextual approach to enforcing Islamic law in accordance with the social dynamics of local communities [6].</p>
      <p id="_paragraph-7">Based on the background that has been described, the problem formulation in this study is as follows: how the obstacles faced in implementing the flogging law against the perpetrators of <italic id="_italic-6">khalwat</italic> in Aceh Tenggara Regency, what are the challenges faced by law enforcement officials in the implementation of flogging for <italic id="_italic-7">khalwat</italic>perpetrators, and how strategies and efforts are made to overcome obstacles and challenges in the implementation of the flogging law. In line with the formulation of the problem, the purpose of this study is to identify and analyze the obstacles encountered in the implementation of the flogging law against the perpetrators of <italic id="_italic-8">khalwat</italic> in Aceh Tenggara Regency, find out the challenges faced by law enforcement officials in carrying out the flogging punishment, and formulate strategic efforts in overcoming these obstacles and challenges in order to increase the effectiveness of Islamic law enforcement [7].</p>
      <p id="_paragraph-8">This research is expected to provide two main benefits, namely theoretical benefits and practical benefits. Theoretically, this research is expected to provide scientific contributions in the development of Islamic law studies, especially related to the practice of implementing Qanun Jinayat in Aceh as a form of legal system pluralism recognized in the Indonesian constitution. Practically, the results of this research can be an input for local governments, Wilayatul Hisbah officials, and other policy makers in formulating policies and strategies for enforcing sharia law that are more effective, fair, and responsive to the socio-cultural conditions of the people of Aceh Tenggara.</p>
      <p id="_paragraph-9">To strengthen the theoretical foundation and show the relevance of the research, several previous studies related to the implementation of flogging law against <italic id="_italic-9">khalwat</italic> perpetrators in Aceh are used as comparative references. These studies are important to map the development of previous studies, as well as emphasize the position of this research in filling the empty space of studies that have not been widely explored.</p>
      <p id="_paragraph-10">Research conducted by Abdul Khalib and Mukhlis with the title <italic id="_italic-10">Penyelesaian</italic><italic id="_italic-11">Tindak</italic><italic id="_italic-12">Pidana</italic><italic id="_italic-13"> Jarimah Khalwat Di </italic><italic id="_italic-14">Kabupaten</italic><italic id="_italic-15"> Aceh Tenggara (</italic><italic id="_italic-16">Suatu</italic><italic id="_italic-17">Penelitian</italic><italic id="_italic-18"> Di Wilayah Hukum Kejaksaan Negeri </italic><italic id="_italic-19">Kutacane</italic><italic id="_italic-20">)</italic>focuses on the factors that cause the non-execution of the perpetrators of <italic id="_italic-21">Jarimah Khalwat </italic>in Aceh Tenggara District. The research aims to identify the main causes of the failure to execute the punishment and evaluate the supervisory role of the Civil Service Police Unit and Wilayatul Hisbah (Satpol PP/WH). The results showed that budget constraints and the tendency to resolve cases through non-formal channels, such as marriage or peace, were the dominant factors in the non-implementation of legal executions. The fundamental difference with this research lies in the focus of the study. If Abdul Khalib's research highlights practical factors that hinder execution, this study specifically reviews the obstacles and challenges in the implementation of flogging law with a more comprehensive scope, namely structural, cultural, juridical, technical and social aspects. This study also highlights community resistance, the perception of <italic id="_italic-22">khalwat</italic>as a private disgrace, overlapping customary and sharia norms, and social pressure on officials as elements of the implementation challenge [8].</p>
      <p id="_paragraph-11">The next study is Maulida Mora Matondang's research entitled <italic id="_italic-23">Perspektif Fiqh Jinayat terhadap Penerapan Hukuman Cambuk di Aceh</italic>. This research was conducted in Tapak Tuan Sub-District, South Aceh District, focusing on three main aspects: the principles of flogging punishment in fiqh jinayat, the mechanism of flogging punishment implementation, and normative review on its implementation in South Aceh. The results showed that although the implementation of Islamic law has not been fully comprehensive, the spirit and awareness of the Acehnese people to uphold it continues to grow. However, the implementation is still faced with social, legal, and structural challenges. The similarity between this research and the research conducted by the author lies in the methodological approach, which both use field methods such as observation, interviews, and documentation. As for the difference, Maulida's research emphasizes more on the normative aspects in the perspective of fiqh, while this research focuses on empirical analysis of the real obstacles in the implementation of flogging in Aceh Tenggara [9].</p>
      <p id="_paragraph-12">Another research was conducted by Mutiyanur and Rizanizarli with the title <italic id="_italic-24">Penyelesaian Jarimah Khalwat Menurut Qanun Nomor 6 Tahun 2014 Tentang Jinayah (Suatu Penelitian di Wilayah Hukum Kota Sabang)</italic>. This study examines the implementation of the law against <italic id="_italic-25">khalwat</italic> perpetrators in the jurisdiction of Sabang City based on Qanun Jinayat. The results found that the implementation of Islamic law in <italic id="_italic-26">khalwat</italic> cases has not run optimally. Handling by Wilayatul Hisbah (WH) officials often does not proceed to the formal legal process, but is only limited to on-site guidance, summoning parents, or family settlement. The main obstacles identified were the lack of community support and understanding of Qanun Jinayat and weak coordination between agencies. The study recommended an increase in legal socialization through lectures, visual media, and closer cooperation between WH and the community. The main difference with this research lies in the study area, namely Sabang City compared to Aceh Tenggara, as well as the focus of the study which is more highlighting the pattern of <italic id="_italic-27">khalwat</italic> case settlement. Meanwhile, this study specifically addresses the obstacles and challenges of implementing the flogging law, including an analysis of alternative solutions that are not in line with the provisions of the Qanun [10].</p>
      <p id="_paragraph-13">By comparing these previous studies, this research emphasizes its contribution in filling the void of studies related to a comprehensive analysis of the obstacles and challenges of the implementation of flogging law in Aceh Tenggara District, both from a normative and practical perspective. This also strengthens the urgency of the research as part of a critical evaluation of the enforcement of Islamic law at the local level.</p>
      <p id="_paragraph-14">
        <bold id="_bold-2">Literature Review</bold>
      </p>
      <p id="_paragraph-15">In this research, a theoretical framework is prepared to provide a conceptual basis in understanding the problem of the implementation of flogging law against <italic id="_italic-28">khalwat</italic> perpetrators in Aceh Tenggara District. The selection of theories is done selectively to support the analysis of the obstacles, challenges, and effectiveness of the implementation of Islamic sharia law in the local context. The theories and concepts used are as follows:</p>
      <p id="_paragraph-16">
        <bold id="_bold-3">1. </bold>
        <bold id="_bold-4">Law Enforcement Theory</bold>
      </p>
      <p id="_paragraph-17">Law enforcement theory developed by Satjipto Rahardjo divides law enforcement elements into three main components, namely: legal structure, legal substance, and legal culture. Legal structure refers to institutions or agencies that carry out legal functions, such as Wilayatul Hisbah, police, and prosecutors. Legal substance includes applicable norms and regulations, in this case including Qanun Jinayat. The legal culture relates to the attitude, awareness, and behavior of the community towards the law. These three elements will be used as analytical tools to understand the root causes and obstacles in the implementation of flogging law in the field [11].</p>
      <p id="_paragraph-18">
        <bold id="_bold-5">2. </bold>
        <bold id="_bold-6">The Concept of </bold>
        <italic id="_italic-29">
          <bold id="_bold-7">Khalwat</bold>
        </italic>
        <bold id="_bold-7" />
        <bold id="_bold-8">in Islamic Law and Aceh Qanun</bold>
      </p>
      <p id="_paragraph-19"><italic id="_italic-30">Khalwat</italic> is terminologically defined as a situation of being alone between a man and a woman who are not mahram and do not have a husband and wife relationship, in a place or condition that allows for acts that are prohibited by religion. In Islamic law, <italic id="_italic-31">khalwat</italic> is seen as an act that can lead to adultery and is therefore categorized as a form of moral offense. Aceh Qanun No. 6/2014 on Jinayat Law specifically regulates <italic id="_italic-32">khalwat</italic> as a jarimah subject to ta'zīr sanctions. In this research, this concept is used as a juridical and normative basis that underlies the implementation of flogging law against <italic id="_italic-33">khalwat</italic> perpetrators.</p>
      <p id="_paragraph-20">
        <bold id="_bold-9">3. </bold>
        <bold id="_bold-10">Qanun </bold>
        <bold id="_bold-11">Jinayat</bold>
        <bold id="_bold-12">as a Local Legal Product</bold>
      </p>
      <p id="_paragraph-21">Qanun Jinayat is a local legal product born from the special autonomy authority granted to Aceh Province. This Qanun integrates the values of Islamic law into the Indonesian positive legal system at the regional level. In this research, Qanun Jinayat will be analyzed not only as a legal norm, but also as a social construction influenced by community dynamics, local politics, and national legal framework. The focus of the analysis includes aspects of synchronization and potential conflicts between Qanun Jinayat and national law, especially in the context of the implementation of flogging sanctions which often raises debates from the perspective of human rights, criminal procedure law, and institutional authority.</p>
      <p id="_paragraph-22">This theoretical framework will be the basis of analysis in examining empirical data found in the field and become a foothold in the formulation of conclusions and research recommendations in a systematic and academic manner [12].</p>
    </sec>
    <sec id="heading-fc81bf578e438c7d13d0954de9f8dfed">
      <title>
        <bold id="_bold-13">Methods</bold>
      </title>
      <p id="_paragraph-24">This research uses a normative juridical method (doctrinal legal research) with a statute approach and conceptual approach. The statute approach is carried out by analyzing the provisions of Aceh Qanun No. 6 of 2014 on Jinayat Law and other relevant statutory regulations, while the conceptual approach is used to provide a theoretical framework on the enforcement of Islamic criminal law in Aceh. This method was chosen because the research relies mainly on legal documents, statutory provisions, and academic literature, rather than on primary data from field research [13].</p>
      <p id="_paragraph-25">The data sources in this study consist of secondary data, which include: (1) primary legal materials such as Aceh Qanun No. 6 of 2014 and Law No. 11 of 2006 on the Government of Aceh; (2) secondary legal materials in the form of books, peer-reviewed journal articles, and research reports; and (3) tertiary legal materials such as encyclopedias, legal dictionaries, and other supporting references [14]. These materials were selected because they provide both a legal foundation and a conceptual understanding necessary for analyzing the obstacles and challenges in implementing flogging law in Aceh Tenggara.</p>
      <p id="_paragraph-26">The literature search was conducted systematically using several academic databases, including Google Scholar, Garuda, and DOAJ. In the process, the researcher employed specific keywords such as <italic id="_italic-34">“Qanun </italic><italic id="_italic-35">Jinayat</italic><italic id="_italic-36"> Aceh,” “flogging punishment,” “</italic><italic id="_italic-37">khalwat</italic><italic id="_italic-38"> in Islamic law,”</italic> and <italic id="_italic-39">“law enforcement in Aceh.”</italic> The search results were then filtered by prioritizing articles published in reputable journals, recent studies (2018–2024), and documents that are directly relevant to the topic. In addition, references from official government reports and credible online repositories were also included to strengthen the analysis.</p>
      <p id="_paragraph-27">The collected materials were analyzed using qualitative descriptive techniques [15]. The analysis was carried out in three main stages: (1) classification of legal materials based on themes such as structural, cultural, and juridical obstacles; (2) interpretation of statutory provisions in relation to theories of law enforcement and legal effectiveness; and (3) synthesis of findings through descriptive-analytical interpretation to draw comprehensive conclusions [16]. With this methodology, the study is expected to produce a holistic and contextual understanding of the obstacles and challenges in enforcing flogging law against khalwat offenders in Aceh Tenggara, as well as provide recommendations that are academically grounded and practically applicable.</p>
    </sec>
    <sec id="heading-a85656f6b969afe5eb0a612978d97c7b">
      <title>
        <bold id="_bold-14">Results and</bold>
        <bold id="_bold-16"> Discussion</bold>
      </title>
      <sec id="heading-f642cbfb03ef8a43ea6eafa466e856f5">
        <title>
          <bold id="_bold-17">A. </bold>
          <bold id="_bold-18">Forms of Obstacles in the Implementation of Whipping Law for </bold>
          <italic id="_italic-40">
            <bold id="_bold-19">Khalwat</bold>
          </italic>
          <bold id="_bold-19" />
          <bold id="_bold-20">Perpetrators in </bold>
          <bold id="_bold-21">Aceh</bold>
          <bold id="_bold-22">Tenggara</bold>
        </title>
        <p id="_paragraph-30"><italic id="_italic-41">Khalwat</italic> in Islamic law is defined as a situation where a man and a woman who are not mahram, are together in a closed or hidden place without supervision [17]. This act is considered as a preamble to adultery, because it opens opportunities for indecent acts and fitnah [18]. In the context of Aceh Qanun No. 6/2014 on Jinayat Law, <italic id="_italic-42">khalwat</italic> is categorized as a jarimah (criminal offense), whose perpetrators can be sentenced to ta'zir in the form of flogging, fines, or imprisonment. This punishment aims to provide a deterrent effect and maintain public morals [19].</p>
        <p id="_paragraph-31">The evidence for the prohibition of approaching adultery in the Qur'an is contained in Surah Al-Isra' verse 32 and An-Nur verses 30-31. In the interpretation of Ibn Kathir, the command to lower the gaze and keep the genitals becomes the basis for avoiding <italic id="_italic-43">khalwat</italic> because it has the potential to open the way for adultery. Thus, the implementation of punishment against the perpetrators of <italic id="_italic-44">khalwat</italic> is an effort of sharia in maintaining public honor and morals [20].</p>
        <p id="_paragraph-32">Based on data from Wilayatul Hisbah of Aceh Tenggara District, the number of <italic id="_italic-45">khalwat</italic> offenders is relatively high, with an average of 5-6 cases per month. However, in practice, the implementation of flogging law against perpetrators often encounters various obstacles, so that not all cases are processed to the execution stage. This is reinforced by information from the Aceh Tenggara District Attorney's Office, which states that the absence of an official report from the community means that cases cannot proceed to the prosecution level.</p>
        <p id="_paragraph-33">There are several forms of implementation barriers, namely:</p>
        <p id="_paragraph-34">1. Structural Barriers. Structural barriers include internal problems within sharia enforcement agencies such as Wilayatul Hisbah (WH), ranging from limited human resources, lack of budget support, to community resistance to the authorities. WH officers often face resistance when conducting raids, as perpetrators do not feel guilty and resist legal action. In addition, the absence of a national legal system that integrates the application of jinayat law leads to overlapping legal norms and the weak position of flogging law in the national justice system. Another aspect of structural barriers is the emergence of human rights issues, which are often used as a shield by the community to reject the process of sharia law, even though its substance regulates public morals [21].</p>
        <p id="_paragraph-35">2. Cultural Barriers. Cultural barriers relate to the community's perception of <italic id="_italic-46">khalwat</italic> as a private matter or family disgrace. People tend to be reluctant to report for fear of tarnishing their good name or embarrassing the family [22]. In interviews with WH, it was found that the community prefers a family settlement or marrying off the couple, especially if the perpetrator is a teenager. Distrust of the legal apparatus is also a barrier, where some people think that sharia law is only enforced against certain circles, thus reducing the legitimacy of the apparatus in the eyes of the public.</p>
        <p id="_paragraph-36">3. Juridical Obstacles. Juridical obstacles arise due to the overlap between customary law, national law [23], and Qanun Jinayat. In many cases, the victim's family prefers a customary approach in the form of forced marriage or customary fines rather than a formal legal process. This causes the implementation of flogging law cannot run optimally. The unpreparedness of the national legal structure in accepting Qanun as a product of autonomy law also makes it difficult in terms of coordination between agencies, delegation of authority, and effective enforcement of sanctions. As a result, there is legal uncertainty and non-uniform settlement practices.</p>
        <p id="_paragraph-37">The ineffectiveness of law enforcement against <italic id="_italic-47">khalwat</italic> has had a number of social consequences. Many young couples involved in <italic id="_italic-48">khalwat</italic> are forced to marry despite not being psychologically and economically ready [24]. This increases the risk of marital disharmony or early divorce, although divorce is a permissible act in Islam, it is highly hated by Allah SWT [25]. In terms of law enforcement, structural, cultural and juridical barriers create a vacuum in justice, where perpetrators do not receive the legal consequences they should. If not addressed systematically, this can undermine the authority of sharia law and increase the number of repeat offenses.</p>
        <p id="_paragraph-38">The obstacles in the implementation of flogging law against <italic id="_italic-49">khalwat</italic> perpetrators in Aceh Tenggara are multidimensional and interrelated. Efforts to enforce sharia law must be accompanied by structural strengthening of institutions, public education, and harmonization of regulations between Qanun and national law. In addition, a cultural approach that is sensitive to local norms needs to be strengthened to support social acceptance of jinayat law as part of the legal identity of the special autonomous region in Aceh [26].</p>
      </sec>
      <sec id="heading-3ac55785692d72b9ff1def1a5f1a5ee6">
        <title>
          <bold id="_bold-23">B. </bold>
          <bold id="_bold-24">Challenges Faced by Law Enforcement Officials in the Implementation of Flogging Punishment on </bold>
          <italic id="_italic-50">
            <bold id="_bold-25">Khalwat</bold>
          </italic>
          <bold id="_bold-25" />
          <bold id="_bold-26">Perpetrators</bold>
        </title>
        <p id="_paragraph-40">The implementation of flogging law against <italic id="_italic-51">khalwat</italic> perpetrators in Aceh Tenggara cannot be separated from a number of serious challenges that are structural, social, procedural, and human resource capacity [27]. These challenges show the complexity of implementing sharia law in a plural society with diverse value systems.</p>
        <p id="_paragraph-41">Social pressure is a significant obstacle in the implementation of flogging. In the community of Aceh Tenggara, the enforcement of sharia law such as flogging against <italic id="_italic-52">khalwat</italic> offenders is often perceived as a violation of human rights, especially when those involved are teenagers or relatives of law enforcement officials themselves [28]. In an interview with Sunanda, S.Sos., Head of the Public Order Division of Wilayatul Hisbah, it was mentioned that if the perpetrator is a relative of the officer, the legal process is often not continued for fear of damaging the family's dignity. This condition creates public distrust of the objectivity and justice of law enforcement officials. The community tends to view that law enforcement only applies to those who do not have personal closeness with the authorities, thus creating a negative stigma and reducing the legitimacy of the law itself.</p>
        <p id="_paragraph-42">From the procedural side, the application of flogging punishment against <italic id="_italic-53">khalwat</italic>perpetrators requires strong evidence and legal process [29]]. Arrests cannot be made based on allegations or unilateral reports without verification. In an interview, Sunanda stated that "we do not arbitrarily arrest, there must be an official letter and evidence at the scene, such as tissue or presence in a closed place". Surveillance must be done carefully so as not to violate privacy rights, and raids must be accompanied by at least two witnesses from the officer's side to avoid slander. Another technical challenge arises when <italic id="_italic-54">khalwat</italic> activities are carried out in tourist attractions that are far from the reach of the general public. Officers face a dilemma between upholding the principles of Islamic law and safeguarding people's civil rights, especially in the context of private spaces and unpredictable times.</p>
        <list list-type="bullet" id="list-5553fc79074128ac27e393296c043e3e">
          <list-item>
            <p>Social Pressure</p>
          </list-item>
          <list-item>
            <p>Procedural Barriers</p>
          </list-item>
          <list-item>
            <p>Lack of Training</p>
          </list-item>
        </list>
        <p id="_paragraph-43">One of the fundamental challenges is the lack of technical and non-technical training for law enforcement officers, especially Wilayatul Hisbah. Although Qanun Jinayat has become a formal legal framework, its implementation in the field still faces implementation obstacles. The lack of training makes the officers unprepared professionally and emotionally to handle <italic id="_italic-55">khalwat</italic>cases fairly and educatively. Sunanda emphasized that many officers have not received adequate training on execution procedures, social approaches, and persuasive communication to the community. Other factors such as budget constraints and lack of institutional support exacerbate the situation. In addition, low public understanding of the meaning of flogging as part of Islamic law also adds to the psychological burden on officers, who are required to carry out the law while maintaining social harmony.</p>
        <p id="_paragraph-44">Thus, the enforcement of flogging law against <italic id="_italic-56">khalwat</italic> perpetrators requires a synergy between legal assertiveness, apparatus readiness, and an adaptive cultural approach. Routine training, ethical guidance, and public education are key in bridging the gap between sharia norms and social reality.</p>
      </sec>
      <sec id="heading-9c64a5f9fa1e09b930617088eb9cd3ac">
        <title>
          <bold id="_bold-27">C. </bold>
          <bold id="_bold-28">Analysis of the Effectiveness of the Application of the Whip Law in the Viewpoint of Law Enforcement Theory and Legal Effectiveness Theory</bold>
        </title>
        <p id="_paragraph-46">The application of law is not only seen from the presence of norms in written regulations, but must be realized in real action. Law becomes effective if it is able to form social compliance through interactions between rules, enforcement officials, and the community. In the perspective of Soerjono Soekanto's law enforcement theory, legal effectiveness is influenced by three important elements, namely: the rule of law (legal substance), law enforcement officials (legal structure), and public legal awareness (legal culture). These three components are integral and support each other. If one of the elements does not function optimally, the effectiveness of law enforcement will be disrupted [30].</p>
        <p id="_paragraph-47">The implementation of flogging law against the perpetrators of <italic id="_italic-57">Jarimah Khalwat </italic>in Aceh, especially based on Aceh Qanun No. 6/2014, is part of the implementation of Islamic Shari'a that gained constitutional legitimacy through Law No. 11/2006 on the Government of Aceh. However, the formal existence of this law has not fully reflected its substantial success. Its effectiveness is not sufficiently assessed from the normative aspect, but must be seen from public acceptance, consistent implementation, and internalization of its values in social life [31].</p>
        <p id="_paragraph-48">Through the perspective of Lawrence M. Friedman's legal effectiveness theory, the effectiveness of a legal system is determined by three important interrelated elements. First, the legal structure which includes official institutions such as Wilayatul Hisbah (WH), the Syar'iyah Court, and the Islamic Sharia Office as the party that has the authority to crack down and enforce the sharia rules. Second, legal substance which refers to the content and norms contained in Qanun Jinayat, especially related to sanctions against <italic id="_italic-58">Jarimah Khalwat </italic>which can be in the form of flogging, fines, or confinement. Third, legal culture which relates to the attitude, perception, and level of public awareness in complying with and supporting the implementation of the law. These three elements, if running synergistically, will determine the extent to which the implementation of flogging law in Aceh can take place effectively within the framework of enforcing Islamic law [32].</p>
        <p id="_paragraph-49">In practice, these three aspects still face challenges. In terms of legal structure, there are technical and institutional problems, such as weak coordination between agencies, limited human resources, and lack of technical training in the implementation of flogging law. Wilayatul Hisbah officers are often in a dilemma position, especially when the <italic id="_italic-59">khalwat</italic> perpetrator has a family relationship with the officer, or when social pressure from the community hinders the law enforcement process [28].</p>
        <p id="_paragraph-50">The substance of the law stipulated in Article 23 of Qanun Jinayat, although it is clear in imposing ta'zir punishment for <italic id="_italic-60">khalwat</italic>perpetrators, such as a maximum of ten times of flogging or gold fines, cannot necessarily be implemented consistently. Most cases are resolved by family or through marriage, which is actually contrary to the principle of law enforcement based on formal justice.</p>
        <p id="_paragraph-51">In terms of the legal culture of the community, there is ambivalence. On the one hand, some people support the application of Islamic law normatively. However, on the other hand, there is still a strong view that places <italic id="_italic-61">khalwat</italic> as a private disgrace, not as a public offense that deserves to be processed legally. This causes the community to prefer a non-legal approach in resolving the offense [33].</p>
        <p id="_paragraph-52">However, from the perspective of contextual law enforcement theory, the success of the law is not solely seen from coercive compliance, but also from the extent to which the law is integrated with the social values of society. In Aceh, flogging not only has formal legitimacy, but also cultural and religious legitimacy. However, if its implementation only becomes a symbol or public spectacle, without in-depth legal awareness and education, then the effectiveness of the law will be false.</p>
        <p id="_paragraph-53">In this context, the effectiveness of flogging law as an instrument of Islamic law enforcement can be improved through several strategic steps. First, strengthening the capacity of law enforcement officers needs to be carried out on an ongoing basis, both through routine training, technical simulations, and increased procedural understanding so that the implementation of punishment runs according to the rules. Second, increasing public legal awareness is an important aspect that can be achieved through public education, socialization of Qanun Jinayat, and cultural approaches that are in accordance with local values. Third, the integration of human rights values needs to be considered without overriding the basic principles of Sharia, so that the implementation of flogging remains in the corridor of justice and humanity.</p>
        <p id="_paragraph-54">Law is said to be effective if it is able to create compliance without coercion, build justice without causing fear, and internalize the social and spiritual values of society. The ideal enforcement of flogging law is one that is able to balance between normative power, social acceptance, and collective awareness, for the realization of a just, orderly, and dignified society [32].</p>
      </sec>
      <sec id="heading-86f1183009ec0b705a36de281e073768">
        <title>
          <bold id="_bold-29">D. </bold>
          <bold id="_bold-30">Efforts and Strategic Solutions in the Implementation of Flogging Punishment on </bold>
          <italic id="_italic-62">
            <bold id="_bold-31">Khalwat </bold>
          </italic>
          <bold id="_bold-32">Perpetrators</bold>
        </title>
        <p id="_paragraph-56">The implementation of flogging punishment on <italic id="_italic-63">khalwat</italic>perpetrators in Aceh, especially in Aceh Tenggara, is inseparable from various challenges that are structural, cultural, and procedural. Therefore, systematic and measurable strategic steps are needed to strengthen the effectiveness of the enforcement of Qanun Jinayat, which in the current context is seen as the formalization of Islamic law. This effort can be realized through three main approaches, namely increasing the capacity of the apparatus, socializing the law to the community, and strengthening coordination between sharia law enforcement agencies [34].</p>
        <p id="_paragraph-57">First, increasing the capacity of Wilayatul Hisbah (WH) officers and sharia prosecutors is an important key to successful law enforcement. Officials need to be equipped with a structured and sustainable training program, including a deep understanding of sharia law and Qanun, technical competence in investigation, proof, and execution, as well as professional ethics with a humanist approach. This training should include competent resource persons, such as academics, legal practitioners, and religious leaders, and use real case studies so that officials better understand the social dynamics in the field. In addition to training, budget support, logistics, and increasing the number of WH personnel are also urgent needs. This is in line with the statement of Sunanda, S.Sos, Head of Public Order Division of WH Aceh Tenggara, who emphasized that a sufficient number of WH apparatus is an important prerequisite to optimally protect the community.</p>
        <p id="_paragraph-58">Second, legal socialization to the community must be strengthened to increase legal awareness. A correct understanding of the definition of khalwat, its legal impact, the sanctions stipulated in the Qanun, and the legal process before the flogging penalty is imposed needs to be disseminated thoroughly. This socialization should be carried out in a sustainable manner and target various segments of society, including students, community leaders, and families. Based on Sunanda's information, socialization activities have been carried out through visits to schools and community forums by involving various agencies, such as WH, police, TNI, Islamic Sharia Office, Sharia Court, Attorney General's Office, and Forkopimda. This collaborative approach aims to build collective awareness so that people do not only obey for fear of being punished, but also understand the sharia and moral values behind the rules.</p>
        <p id="_paragraph-59">Third, strengthening coordination between sharia law enforcement agencies is very important to ensure the smoothness of the legal process from supervision, investigation, prosecution, to execution. An efficient coordination mechanism can be realized through the establishment of integrated SOPs between agencies, the implementation of regular coordination meetings for evaluation, cross-sector training so that officials have a uniform understanding, and the establishment of communication forums such as an integrated sharia desk. With these steps, overlapping authorities can be avoided and the law enforcement process can run effectively, professionally, and in line with the principles of justice and humanism. Strong synergy between the WH, police, prosecutor's office, and Sharia Court will strengthen the enforcement of Islamic sharia in Aceh Tenggara so that it is more just, dignified, and sustainable.</p>
        <p id="_paragraph-60">Overall, strategic efforts in the implementation of flogging punishment against <italic id="_italic-64">khalwat</italic>perpetrators in Aceh Tenggara can be taken through three main steps, namely increasing the capacity of sharia law enforcement officials, strengthening public legal awareness through continuous socialization, and integrated coordination between law enforcement agencies. These three approaches complement each other and are necessary to ensure that the implementation of flogging not only runs in accordance with the provisions of Qanun, but also reflects the principles of justice, professionalism, and human values within the framework of the enforcement of Islamic law.</p>
      </sec>
    </sec>
    <sec id="heading-91b486b640f780c25a1cbe392d616e9a">
      <title>
        <bold id="_bold-33">Conclusions</bold>
      </title>
      <p id="_paragraph-62">Based on the findings, it can be concluded that the implementation of flogging punishment for khalwat offenders in Aceh Tenggara, as regulated in Qanun Jinayat No. 6 of 2014, continues to face complex obstacles, including structural challenges such as the limited number and capacity of law enforcement officers and weak inter-agency coordination, cultural barriers reflected in the community’s perception that khalwat is better resolved through family or customary mechanisms, and juridical issues arising from overlapping norms between national law and the Qanun as well as inconsistent application of legal procedures in practice. This situation demonstrates that the effectiveness of Sharia law enforcement is not solely determined by normative legitimacy or the existence of legal provisions but is also highly dependent on the professionalism of officials, public acceptance, and the integration of multiple legal systems in Indonesia. The study contributes significantly to the development of Islamic legal scholarship by emphasizing that the success of Sharia enforcement lies in the balance between legal authority, social legitimacy, and contextual justice, enriching discourses on legal pluralism, Islamic law, and human rights in Indonesia. Practically, this research highlights the urgency of strengthening the capacity of law enforcement officials through continuous training, intensifying legal socialization to enhance public awareness of the values embedded in Qanun Jinayat, and reinforcing coordination among Sharia law enforcement institutions so that its implementation becomes more professional, just, and contextual. For future research, it is recommended to conduct comparative studies on the implementation of Qanun across different regions in Aceh and to explore further the integration of human rights perspectives with Sharia principles in order to achieve a more comprehensive understanding of the dynamics of Sharia law enforcement in Indonesia’s plural legal context.</p>
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