The Existence of the Sharia Court in the Mechanism of Legal Integration in Aceh

The presence of the Sharia Court in Aceh Province has further strengthened the authority to implement Islamic law in this province. However, there are several things that must be considered so that the rule of law can be realized namely: structural, substantial and cultural aspects. Law enforcement will work if these three aspects are carried out continuously. Nevertheless, there are still a number of legal experts and legal practitioners who have not been able to accept the delegation of authority for criminal cases (jinayat) to the Sharia Court. In fact, the presence of the sharia court as a component of the legal integration mechanism in Aceh. This study will address this issue by examining many regions in Southwest Aceh, including the Syar'iyah Courts of Tapak Tuan, Meulaboh, and Calang, as well as the Province, which serves as the delegation of appeal cases. After all, this research encourages the Sharia Courts to work closely with government stakeholders to provide information and disseminate authority.


INTRODUCTION
The Islamic Sharia Court in Aceh isspecial courts within the Religious Courts.This is as regulated in the ActNumber 4 of 2004 concerning judicial powerin Article 15 paragraph (2). Therefore, legally, In the Indonesian legal order, the position of the Sharia Court in Aceh has a strong legal basis.carry out its authority which was previously in the Religious Courts. This can beinterpreted, every case that was previously the authority of the Religious Court, is now the right of the Syar'iyah Court. This is also regulated by Law No. 11 of 2006 concerning the Government of Aceh.Article 128 points (1) and (2) of Law Number 11 of 2006 concerning the Government of Aceh state that the Islamic Shari'ah Court in Aceh is part of the judicial system. national law within the religious courts conducted by the Sharia Courtwhich is free from the influence of any party. The Sharia Court is a court for everyone who is Muslim and resides in Aceh. The Sharia Courtfunctions as a legal and religious service institution, and also as a central institution that guarantees the enforcement of Islamic law in Aceh.There are several levels of the Syar'iyah Court, namely the District/Municipal Sharia Courtas the court of first instance and the Aceh Syar'iyahCourt as the court of appeal. District/city Syar'iyah Courts are scattered in various districts/cities in Aceh, one of which is the West-South coast of Aceh.
The presence of the Sharia Court has strengthened the authority for the implementation of Islamic law in Aceh. The institution becomes the determinant and decision maker regarding legal issues that occur in Acehnese society, by giving punishments in accordance with established Islamic law (Ismail, 2013;Hasnita, 2017;Nurdin et al., 2020). Great hope comes with the existence of this institution. Justice can be served for the benefit of the people. There is great hope that the people of the South West region of Aceh can avoid acts of violence and vigilantism, and legal problems that arise in the midst of society can be resolved wisely, and if they take legal action, preferably through the judiciary. However, in legal settlements, especially criminal cases, there are still problems in the understanding of the people of the south west of Aceh regarding the absolute scope of judicial authority. As is the case with criminal cases containing syar'i elements, the public still submits the matter to the general court, which should be the authority of the syar'iyah court.
In carrying out its duties and functions, the Sharia Courtas the center for the enforcement of Aceh's Islamic law, so far there has been no response from the The Existence of the Sharia Court in the Mechanism.... Sri Dwi Friwarti., et.al DOI: http://dx.doi.org/10.24952/fitrah.v7i2.4524 331 community, especially in the South West region of Aceh, to provide responses and assessments of public awareness and understanding of the existence and function of the Sharia Courtin Aceh. and conversely, the judiciary has also not provided an assessment and response to its function in disseminating the authority to settle jinayah cases to the community. Problems regarding the authority of the Sharia Court are systemic, so that the solution must also be systemic, even legal problems that occur can be resolved properly.
There are some studies about authority of the Sharia Courtas is related to Indonesia'a judicial system (Fakhriah, 2013), authority of religious courts (the Sharia Courtas) in Nanggroe Aceh Darussalam (Dewi, 2009), and the authority of the Sharia Courtas as special court. However, the authority of Sharia Courtas in legal integration mechanism of Aceh is profoundly limited. Therefore, this study will review the aspects that must be met to become a state of law, namely: structural, substantial, and cultural aspects. Based on the object of the problem studied, this study uses types of empirical juridical research and support for data obtained from normative juridical research.

RESEARCH METHOD
In the process of conducting research, appropriate methods are needed to obtain the required data, this research uses the following methods: based on the object of the problem, this type of research uses empirical juridical research and is also supported by normative juridical research. Empirical juridical research is also known as non-doctrinal research. (Sunggono, 2012) said that this typology of research is called socio legal research. Therefore, empirical juridical research is research in the form of empirical studies in finding theories regarding the process of occurrence and operation of law in society.
This research uses a population approach. The population in this study are all parties related to the implementation of the existence of the Sharia Court in the legal integration mechanism in Aceh. By using this population, accurate and precise data will be obtained.While sampling is the process of sorting and selecting part of the population itself, Therefore, carefulness is needed in selecting the appropriate sample for the sampling technique. This research uses purposive sampling technique (Soemitro, 1990). The purpose of using this techniquein order to obtain the designated subjects in accordance with the research objectives.

Power Sharing
According to Montesquie, in his book L'Espirit des lois (1748)  instance, a court of appeal, and a court of cassation, all culminatingin the Supreme Court (MA) the courts of the first and second levels in these four courts.

Legal Integration Mechanism Theory
As the theory put forward by Talcott Parsons, law becomes one of the subsystems in the mechanism of a more complex social system. Apart from law, there are other things that have different functions and logic. Such as subsystems of culture, politics and economy.
The cultural sub-system is bound by values and norms that are considered to have nobility and nobility. Therefore, the cultural sub-system is useful in maintaining values and patterns in social life.
The legal sub-system itself refers to the common rules or the rule of the game. The purpose and function of law is to regulate, control and coordinate something that is on the wrong track so that it is in accordance with the applicable legal order. Meanwhile, in the sub-system of politics, it is known that politics is synonymous with power and authority, which serve as users of power to achieve certain goals. While the economic sub-system is part of meeting the needs to maintain life (Kusumojati & Rosando, 2021;Tanya, 2010).
In its development, Parsons' theory was later developed further by Harry.
C. Bredeimer who analyzes the function of law as an integrating mechanism or integrator. Bredeimer tends to see the function of law only as a guard whose duty is to resolve conflicts. According to him, the new law functions when an incident or dispute occurs. For example, if someone files a lawsuit because their privacy and interests are disturbed. In such conditions, it is the responsibility of the court to resolve the issue with the right decision based on the principles of truth and justice.
Parsons and his colleagues see that courts rely on three inputs: 1) In analyzing a problem or dispute, the court requires an in-depth analysis of the causes and effects of the disputed issue; 2) Regarding the division of tasks and objectives of the judicial system, the courts need a concept of the conditions that occur as a result of the use of power; 3) In the conflict resolution process, according to (Achmad Ali, 2008), the court wants the plaintiff to choose the court as the only mechanism in resolving the dispute ( Ali, 2011).
The implementation of the court is carried out through the judicial power.
This is based on the 1945 Constitution of the Republic of Indonesia, which is an independent power exercised by the Supreme Court and the judiciary. Both are in the general court environment, the religious court environment, the military court environment, the environment. state administrative courts, and the Constitutional Court, to administer justice in order to uphold law and justice.
Within the framework of Bredeimer's theory, the function of law or court is to resolve conflicts that arise in society. its position is sacred, as an institution that carries out the integration process of various processes that take place in society.
On the other hand, the law is also open and accepting inputs from various fields, such as politics, economics, culture, which are then analyzed and processed according to the purpose of benefit.
To improve the ability and function of legal integration, it is necessary to elaborate on the various existing sub-systems. From the political sub-system, law requires the encouragement and support of qualified policies, authorities, and powers. From the economic sub-system, of course, the law requires the support of adequate capital, expertise, facilities and infrastructure. Meanwhile, from the cultural sub-system, law requires input in terms of values, morals and wisdom.
The authority of the political sub-system should be able to strengthen legal legitimacy, the authority of the economic sub-system should be utilized to create effective and efficient organizational or institutional conditions.
The values and morals of the cultural sub-system can be used as guidelines and directions for resolving disputes based on fair and objective decisions, regardless of strata, and social degrees.It is the authority of the Sharia Courtto examine, hear, decide, and settle cases based on Islamic law.
If the effectiveness of the Sharia Courtis associated with the division of three sub-system components as stated by Parsons and Bredeimer. Economic, social, and cultural: 1) The economic sub-system, the effectiveness of the Aceh Sharia Courtcan be implemented if there is a budget from the case and facilities so that the implementation of the trial can be effective; 2) Political sub-system, the effectiveness of the duties, functions and authorities of each legal apparatus within the scope of the Syar'iyah Court; 3) The cultural sub-system can be interpreted as religion, morals, morals and the judge's belief in giving legal decisions in court. The authority of the Sharia Courtin resolving cases that occur in the community.
Judges in carrying out their judicial functions must be independent without being influenced by anything and anyone, including political and economic interests. This is in accordance with one of the principles of the rule of law concept, namely an independent and impartial judiciary. This is in accordance with JimlyAsshiddiqie's statement, "The existence of an independent and impartial judiciary absolutely must exist in a state of law.
In carrying out the functions of the judiciary and the judiciary, there should be no intervention from the executive or the legislature, nor from the public and the mass media. Judges in carrying out their duties can only side with justice and truth.
In carrying out their duties, judges not only act as an extension of the laws and regulations, but also as a real picture and manifestation of justice. Therefore, judges in examining cases are obliged to follow moral values, justice and truth values that live in society(Asshidddiqie : 2011).
The court itself is actually an activity carried out in order to provide justice for the disputing parties through the judiciary. The court is an institution or legal entity in charge of receiving, examining, adjudicating and resolving every case that is submitted.
Thus, in the phase of "judging until finally giving birth to a decision on a case" that is where the process of giving justice carried out by judges unfolds. In this process, judges become a very important element in efforts to administer justice, or in other words it can be said that the judiciary is one of the institutions in fulfilling the needs of community members to obtain legal certainty andJustice.While the court is an organization or institution that has the task of carrying out law enforcement and justice.
In Islamic jurisprudence literature, six elements are needed for the proper and correct functioning of the judiciary, namely;

Judge or Qadhi
A judge is someone who is appointed by the head of state to decide cases or disputes that occur in the community. Judges need to be appointed because the head of state or the executive cannot complete the tasks of the judiciary.

Law
The law referred to here is the judge's decision taken in resolving a dispute. The law is sometimes carried out through ilzam, for example, the judge says "I will punish you by paying some money". Some argue that the decision of ilzam is to establish a convincing basis such as the right of union members to apply for the right of shuf'ah, while qadha istiqaq is to determine something with the law obtained from itijihad.

Mahkum Bihi
Mahkum Bihi is a right. Because in qadha ilzam and qadha istisqa which must be carried out by qadhi, and the defendant must fulfill it. As well as in qadha tarki by rejecting the lawsuit.

Mahkum Alaihi
Based on the shari'a, mahkum 'alaihi is a request to fulfill the demands given to him. Whether the defendant or not, individuals or groups. That is, mahkum alaihi is a person who was sentenced to a case.

Mahkum Lawu
Mahkum lahu is the party who sued their rights. And those rights are purely his. Or in other cases, there are two rights but the rights are stronger.
Words or actions that refer to the law [decision], it can be understood that the dispute resolution can only be done if the matter is brought by the plaintiff against the defendant. So, in the rules, it does not enter the field of justice, something that is not an event but is included in the field of worship ( Djalil :2006).
Aceh based on the Aceh government law and in particular, has the privilege to manage its own area. Meanwhile, Aceh has a Sharia Courtwhich is an Islamic law court in Aceh. And these institutions are included in the Religious Courts environment. The Sharia Courthas the same authority as a religious court and it belongs to a special court within the general court environment, as long as it concerns the authority of the religious court.  (Fakhriah, 2013).
Islamic Shari'a is the basis of the authority of the Syar'iyahCourt, Islamic Shari'a itself is a guide and law that regulates all aspects of Muslim life. Islamic In the applicable legal system, the Sharia Courtis part of the National Court and is one of the institutions that carry out its function as the executor of judicial power. The central task is to carry out the mechanism of legal integration for the sake of upholding Islamic Shari'a in the Veranda of MeccaSyar'iyah. Court As part of the national judiciary as one of the implementers of judicial power which is the central mechanism of legal integration for the enforcement of the implementation of Islamic law in Aceh. The scope of competence of the legal institution is:

Absolute authority
It is an authority based on material law in accordance with the scope of its authority. As it is known that the Sharia Courtis a diversion from the existing religious courts.So the authority of the Sharia Courtincludes authorities related to the behavior and patterns of life of the Acehnese people such as worship, Islamic symbols and jinayah which have been stipulated by the qanun. This is not only the Syar'iyah Court, but also the court's authority.

Relative Authority
It is the judicial authority owned by the Sharia Courtbased on its jurisdiction. Therefore, the Sharia Courtonly hears disputes or cases within its jurisdiction (Lubis and Ritonga, 2016  In fact, Jarimahmaisir and khamar occur most frequently compared to other cases in some district/city Syar'iyah Courts in Aceh. In some areas, such as Banda Aceh and Sabang, the most common cases are khalwat and ikhtilath. The path that must be taken is by way of legal discovery. Namely finding the law, because it is not/incomplete and unclear.Therefore, it is the duty of judges and courts to find the legal basis as stated in Article 5 (1)  Regarding the decision, Hasanuddin explained, there were several considerations why court decisions were more likely to take prison sentences than whips, even though the main punishment was whipping. Some of the reasons such as the perpetrator is the closest person to the victim. The victim's psychology needs to be considered. Don't let the victim see the perpetrator roaming around. For example, the perpetrator is a neighbor, or close family. If only with the punishment of caning, then released, the effect is very heavy for the victim. The victim constantly looks at the victim and is distressed. According to The Existence of the Sharia Court in the Mechanism.... Sri Dwi Friwarti., et.al DOI: http://dx.doi.org/10.24952/fitrah.v7i2.4524 Hasanuddin, that was the reason for the confinement sentence decided by the Syar'iyah Court.
Regarding the length of their sentence, they cannot be separated from Law consider that every decision from the Sharia Courtin the case of jinayah is not a means of punishment but as a means ofrepentance (Lubis).
The Aceh Jaya people's perspective on the law is based on the high values that live in the community. Law is formed through habits and popular feelings, through the operation of power in customary ways. So in practice the law is not made, but grows with the community. Society is an organic unit that has a common belief unit, which is called a volkgeist [people's soul], namely a common understanding and belief in something. The power to form law lies in the people, which consists of the complexity of individuals and associations. They have spiritual ties and become unity of the nation and soul. Law is part of their spirituality, which also affectstheir behavior (Rasjidi and Wyasa, 2003 According to Lawrence Friedman, in order for the rule of law to be realized, it must fulfill three aspects, namely: structural, substantial and cultural aspects. Law enforcement will run if these three aspects are carried out continuously.

Structural Aspect
In the structural aspect, it consists of institutions and apparatus. In this case the legal institutions and legal apparatus. For the Syari'ah Court, which has some of its authority to adjudicate cases such as jinayat, as an institution that has not been formed for a long time, the Sharia Courtmust prepare everything regarding the new authority. For the legal apparatus aspect, this is certainly related to qualified human resources and masters various legal-related issues. However, even this field faces problems, until now there is still a lack of judges, both at the appeals level and at the main level. Therefore, the alternative to cover this shortfall is to transfer judges from the Religious Courts to the Aceh Syar'iyah (jinayat) whose details will be regulated by qanun. which is far below the law.
Meanwhile, the authority to adjudicate criminal cases is given to the general court with detailed laws. In theory, general laws will be defeated by special laws (lex specialist dirogatlex generalis)".

Cultural Aspect
Legal culture is one of the important aspects and considerations in law enforcement. This legal culture is strongly influenced by the legal knowledge of the community.
In civil law, everyone is considered capable of law, so there is no reason for someone who violates the law not to be punished just by not knowing the law.
Even though in reality the person does not know that a new law has been born.
In order to increase the legal awareness culture for the community, the socialization of laws and regulations should be carried out massively and measurably. If these steps are not taken, the legal culture will be difficult to realize. Several other problems related to legal culture can not be separated from intellectual resources that are still low, barriers to access to information and so on. The aspect of sluggish information dissemination also actually greatly affects the low level of public understanding of the law regarding the authority of the Syar'iyah Court(National Working Meeting of the Supreme Court).
In line with what has been described above, Prof. Dr. Soerjono Soekanto, SH., M.A. in his book "Factors Affecting Law Enforcement" that the main problem of law enforcement actually lies in the factors that may influence it. The factors are: 1) the law as a factor of the law itself; 2) The parties that establish and The Existence of the Sharia Court in the Mechanism.... Sri Dwi Friwarti., et.al DOI: http://dx.doi.org/10.24952/fitrah.v7i2.4524 apply the law as law enforcement factors; 3) Facility factor in the form of facilities and infrastructure as a form of support for law enforcement; 4) Environmental conditions where the law is applied as a community factor; 5) The results of works, creativity and taste based on human initiative in social life or called cultural factors (Soekanto : 2001 ).
Because there are still obstacles faced, it is hoped that this institution will continue to improve its spirit. It should be an obligation for the Syar'iyyah Court to cooperate with government institutions, in this case the Islamic Shari'a Service, and the Aceh Customary Council [MAA] to expand the socialization of the authority of the Sharia Courtas one of the institutions for enforcing Islamic law in Aceh. Besides that toosocialization of various regional regulations such as Qanun no. 6 of 2014 concerning Jinayat Law, and Qanun No. 7 of 2013 concerning the Jinayat Procedural Law, so that the public understands the authority of the Syar'iyyah Court which has a coercive legal force.

CONCLUTION
The Sharia Courtis one of the legal institutions in the legal system in Aceh. The authority includes Ahwal al-Syakhshiyah, Muamalah and Jinayah. In social life, there are times when a case occurs, the community prefers to resolve it not by litigation but only by non-litigation or customary and familial settlement.21uphold the culture that lives in society.
The implementation of the duties and functions of the Sharia Courtin the South West coast of Aceh is inseparable from technical problems, namely the judges at the Syari'ah Court are judges who have been transferred from the Religious Courts. This is done because there is still a lack of judges in the Syar'iyah Court, at the appeal level or at the first level. But the problem is not over yet. Another problem arose, because the judges who were transferred had never handled the jinayat case.
Until now, legal experts and legal practitioners have not been able to accept the delegation of authority for criminal cases (jinayat) to the Sharia Courtwhich was previously the authority of the general court and there is still a lack of information dissemination and socialization of the position of the Sharia Courtto the public. so that the level of public understanding of the authority of this legal institution is still low.
It is recommended to the Sharia Courtto cooperate with government stakeholders to be able to provide informationand dissemination of authority Sharia Court to the people of the south west coast of Aceh.So that the public can understand the position of the Sharia Courtas an Islamic law enforcement agency that has legal certainty.
It is recommended that the Sharia Courtcooperate with legal academics and provide opportunities for legal academics as resource persons in the implementation of the socialization of the Aceh Jinayat Qanun along with the absolute and relative authority of the Syar'iyah Court.