Many eminent say that wishing bylaws to perform its all functions are undoubtedly. Nonetheless, effort to reach that fullness should be tried in all measures.
Furthermore, when we talk regarding the implementation of Qanun in Nanggro Aceh Darussalam, it can’t be segregated with its timing process. We can’t make a judgment that the bylaws have failed only within one or two years from the time when it has been enacted. Let we compare to thousand legal instruments which have been created in national scope or hundred regional regulations in every provinces. In fact, till present, those regulations still left many socio-legal problems that never arise with any solution.
I agree with you, only in this context, if there is any sentence under the Qanun which is clearly stated against the basic of law principles, such as conflict with other laws or violate the rights which are guaranteed in 1945 Constitution, thus it should to be reviewed as soon as possible.
As we know that provisions inside the Qanun (bylaws), however, are adopted from Islamic Law. It means that we also have to avow, knowingly or unwittingly, that Aceh Province actually has become a touchstone laboratory for implementation of law product which is based on Sharia law. Therefore, whatever its results will predispose other law products which is also constructed from Sharia law.
If we want to give a special autonomy for Nanggro Aceh Darussalam like China did for Hong Kong, in all respects of my opinion, than we should think twice of it. Anyhow, between Indonesia-Aceh and China-Hong Kong has a quite distinction in many aspects. Starting from their law system, regional government system and also its socio-culture factors; there are not many likeness forms on those aspects. Nevertheless, the probability to reform the present Aceh autonomy system in the future is still widely open as long as it can bring the effectiveness and efficiency system more than before.
Furthermore, when we talk regarding the implementation of Qanun in Nanggro Aceh Darussalam, it can’t be segregated with its timing process. We can’t make a judgment that the bylaws have failed only within one or two years from the time when it has been enacted. Let we compare to thousand legal instruments which have been created in national scope or hundred regional regulations in every provinces. In fact, till present, those regulations still left many socio-legal problems that never arise with any solution.
I agree with you, only in this context, if there is any sentence under the Qanun which is clearly stated against the basic of law principles, such as conflict with other laws or violate the rights which are guaranteed in 1945 Constitution, thus it should to be reviewed as soon as possible.
As we know that provisions inside the Qanun (bylaws), however, are adopted from Islamic Law. It means that we also have to avow, knowingly or unwittingly, that Aceh Province actually has become a touchstone laboratory for implementation of law product which is based on Sharia law. Therefore, whatever its results will predispose other law products which is also constructed from Sharia law.
If we want to give a special autonomy for Nanggro Aceh Darussalam like China did for Hong Kong, in all respects of my opinion, than we should think twice of it. Anyhow, between Indonesia-Aceh and China-Hong Kong has a quite distinction in many aspects. Starting from their law system, regional government system and also its socio-culture factors; there are not many likeness forms on those aspects. Nevertheless, the probability to reform the present Aceh autonomy system in the future is still widely open as long as it can bring the effectiveness and efficiency system more than before.
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