Rationality Of Imposing The Punishment Of Caning In Aceh (Study Of Rationality Of Penal Policy)

Abstract

The imposition of caning in Aceh is questioned from a review of criminal law policies, especially from the perspective of human rights. On the basis of the argumentation of the view of life, the imposition of this punishment obtains justification. Not only for philosophical and sociological reasons, also juridical-constitutional. From a human rights standpoint, the imposition of this sentence is controversial, when human rights are demanded by respect for building local values (local wisdom). This study aims to explain the rationality of imposing caning. The problem is how the rationality of the imposition of caning realizes the goal of overcoming a crime, and rationality on the suitability of the philosophical values of the imposition of caning. The juridical-philosophical research method with primary legal materials is sourced from the philosophical values of Pancasila, as well as statutory norms. Methods of data collection is done with secondary data with descriptive-qualitative data analysis. The results of the analysis explain that the imposition of caning reflects the philosophical values of the people of Aceh which are based on Islamic Law, which is the embodiment of law based on Belief in One Almighty God, unites, teaches respect for a just and civilized humanity, and realizes social justice for all Indonesian people. . The rationality of the imposition of caning punishment is a penalty that realizes the goals of punishment, namely prevention, education, re-socialization and realizing a sense of remorse for the perpetrators of criminal acts. The conclusion is that the imposition of caning embodies the rationality of sentencing policy in terms of the realization of criminal teachings which are a view of society's life, and the realization of rationality in the application of criminal sanctions which realizes the purpose of sentencing.