The Current Evaluation of Implementation on Sharia’ Sharia Policy

in Aceh Province, Indonesia: Bottom-up Approach

Nellis Mardhiah

, Said Achmad Kabiru Rafiie

and Rahma Hidayati

Department of Public Administration, Faculty of Social and Political Science, Universitas Teuku Umar, Meulaboh,

Indonesia

2Department of Comunication, Faculty Social and Political Science, Universitas Teuku Umar, Meulaboh, Indonesia

Keywords: Bottom-Up Approach, Sharia’ Sharia Policy, Aceh.

Abstract: The implementation of Sharia’ policy in Aceh was imposed by central government of Indonesia. Aceh has

been granted a special autonomous province that can issue a local policy or Qanun. There is a necessary to

evaluate the implementation of Sharia’ policy trough a bottom-up approach. This a model of development to

integrate the local people into the policy. This paper is aimed to investigate a current status of sharia policy

implementation in Aceh. This research will be carry on qualitative method. The interview with key

stakeholder in implementation of sharia policy will be conducted. A content analysis will examine to

capture a conclusion. This research will be useful to understand the problem of the policy implementation

sharia policy in Aceh Province. Therefore, the solution will be presented to improve the current policy.

1 INTRODUCTION

Aceh is a region of the Republic of Indonesia. The

presence of Aceh in the scope of Indonesian as a

very unique part of the region, Aceh in the

beginning became a region of conflict from the new

order to the order of reform. However, the conflict

ended in peace after Aceh experienced a tsunami

disaster in 2004 ago. The inauguration of peace is as

it has been enshrined in the Helsingki MoU

agreement and is now a draft law No. 11 of 2006

concerning the Aceh government.

Therefore, Aceh at this time has become an

obligation and demand for the implementation of

overall development of policy elements from various

dimensions both political, social and cultural that are

based on Sharia’.

Development of the Aceh region in social and

cultural aspects in the perspective of Sharia’ has

been carried out which aims to improve the

competitiveness of the nation. This increased

development has become a good momentum for the

Aceh region in promoting economic growth, as well

as advancing community welfare. Strategic and

quality regional development is the hope for the

Indonesian State. Likewise, hopes for the people of

Aceh, besides developing regional competitiveness,

regional development also seeks a balance of

development between regions in accordance with

their respective potential. The development of key

indicators in regional development including

economic growth, unemployment reduction and

poverty reduction can illustrate the achievement of

regional development performance in general.

The Aceh region is a part of the Indonesian

government that has the obligation to carry out

autonomous development for harmony in people's

lives. Alignment in the implementation of

development in Aceh is carried out by the Aceh

government based on the memorandum of

understanding of the Helsinki MOU as mandated in

UUPA No. 11 of 2006 concerning the Government

of Aceh. The argument as carried out in the 2006

Law on the Government of Aceh is fostered from

five factors, namely:

i. That the government system of the Unitary State

of the Republic of Indonesia according to the

1945 Constitution of the Republic of Indonesia

recognizes and respects special or special

regional government units that are regulated by

law;

ii. That based on the constitutional journey of the

Republic of Indonesia, Aceh is a regional

government unit that is special or special related

to one of the historical characteristics of the

Mardhiah, N., Raﬁie, S. and Hidayati, R.

The Current Evaluation of Implementation on Sharia’ Sharia Policy in Aceh Province, Indonesia: Bottom-up Approach.

DOI: 10.5220/0010002500600066

In Proceedings of the 3rd International Conference on Social and Political Development (ICOSOP 3 2019) - Social Engineering Governance for the People, Technology and Infrastructure in

Revolution Industry 4.0, pages 60-66

ISBN: 978-989-758-472-5

struggle of the Acehnese people who have high

resilience and struggle;

iii. That high resilience and fighting power is

sourced from a view of life that is based on

Sharia’ which gives birth to a strong Sharia’

culture so that Aceh becomes an area of capital

for the struggle to seize and defend the

independence of the Unitary Republic of

Indonesia

iv. That the administration of governance and the

implementation of development in Aceh have not

been able to fully realize the people's welfare,

justice and the promotion, fulfillment and

protection of human rights so that the Aceh

Government needs to be developed and

implemented based on the principles of good

governance;

v. That the natural disasters of the earthquake and

tsunami that occurred in Aceh have fostered the

solidarity of the entire potential of the Indonesian

people to rebuild the people and territory of Aceh

and resolve conflicts peacefully,

comprehensively, sustainably and with dignity

within the framework of the Unitary State of the

Republic of Indonesia Invitation to Aceh

Government 2006.

The development of the Aceh region which was

carried out based on the understanding of the

Helsinki MOU that had been paralleled by the

memorandum was Law Number 11 of 2006

concerning the Government of Aceh in the Unitary

State of the Republic of Indonesia. The location of

the Aceh region can be stated in the following map:

Figure 1: Location of Aceh (www.acehprov.go.id).

Based on the tattoo list shows the location of the

Aceh region is an archipelago in the Unitary State of

the Republic of Indonesia. The implementation of

development in Aceh can explain that the

development model adopted is based on five (5)

benefits based on an explanation of the LoGA (the

Law on the Governing of Aceh) as follows:

1. Aceh is a special region of the Indonesian

archipelago, a province of Aceh located in the

western region of the Sumatara island, which has

the authority to carry out development in an

autonomous manner which is special in carrying

out the development of Aceh based on Law

Number 44 of 1999 concerning Aceh Privileges

which are based on peace in the implementation

of Sharia’ Sharia as a derivative of the Regional

Regulation on the Special Region of Aceh

Number 5 of 2000 concerning the

Implementation of Sharia policy’ in the Special

Territory of Aceh;

2. Aceh is a region that implements development

based on a special autonomy law that has been

held by the Aceh government based on the

authority of the central government based on

Law Number 18 of 2001 concerning special

autonomy for the Aceh special region as the

territory of Nanggroe Aceh Darussalam. Based

on this law shows that the Acehnese government

has redesigned it through regional regulations,

namely the Qanun of the Nanggroe Aceh

Darussalam Region Number 10 of 2002

concerning Sharia’ Sharia Courts and the Qanun

of the Nanggroe Aceh Darussalam Region

Number 11 of 2002 concerning the

Implementation of Sharia’ Sharia in the Field of

Aqidah, Worship and Symbols of Islam;

3. Development of Aceh that has been carried out

Resilience and high fighting force is sourced

from a view of life that is based on Sharia’ sharia

which gave birth to a strong Sharia’ culture as a

cultural civilization that has a spirit of high

fighting value globally;

4. The development of Aceh that has been carried

out by the Aceh government in the

administration of government has not been able

to fully realize the people's welfare, justice and

the promotion, fulfillment and protection of

human rights. So in this case the implementation

of development that has been carried out can not

be maximized properly in accordance with the

best practices and innovations of governance

based on good governance in creating peace

based on Sharia’ policy. At point four (4) this

makes the center of attention in the analysis of

Aceh's integrated development model in a

sustainable manner in the implementation of

Sharia’ policy;

The Current Evaluation of Implementation on Sharia’ Sharia Policy in Aceh Province, Indonesia: Bottom-up Approach

5. The tsunami disaster that has occurred in Aceh

can instill the solidarity of the lives of the people

of Aceh in planting a dignified personality in

maintaining sustainable peace in Aceh.

The development of Aceh that has been

implemented which is a capital of cultural value

integrity that must be associated in maintaining

peace as an area that is influenced by the

development of the economic life of the people in

the life of the nation in an area that receives the

effects of the state as a suburb in the Unitary State of

the Republic of Indonesia. Therefore, the approach

of development planning in the perspective of

Sharia’ Sharia in a bottom-up planning approach

becomes a measure in the success of Sharia policy in

Indonesia's Aceh Province.

Situation implementation of Sharia’ law in Aceh

is generally acknowledged to exist many challenges

and shortcomings in its implementation. This fact

can be observed from the many challenges faced by

the government in a number of cases classified as

severe cases or even mild cases in violation of

Sharia’ policy in Aceh. What is meant by serious

cases is that cases in society require debate and legal

comparison in solving problems. Whereas with the

light case it is the deviation of behavior in daily life

that is contrary to Sharia’ policy.

The objective of the discussion in this paper is to

find out the bottom-up playning planning method in

enforcing the power of Islamic policy. And can

understand the obstacles in the implementation of

Islamic Sharia policies in Aceh in the order of the

presence of various Islamic Sharia regulations in

Aceh.

2 LITERATURE REVIEW

2.1 Bottom-up Playning Approach

National development in Indonesia is directed at all

sectors and in all regions, including rural areas.

Village development is important because most of

the Indonesian population live in the countryside. So

therefore the Bottom-up Playning approach. This

concept is a bottom up development in a concept

that is strong enough, because small areas manage

their resources independently and are integrated with

other regions that allow local areas to build

themselves. However, in a world economic trend

without limits, the concept offered is centralized

(Solihin, 2005).

The bottom up playning approach was pioneered

by Elmore (1978), Lipsky (1971), Berman (1978),

Herjn and Porter (1978). The focus of attention on

the bottom up approach is on the role of street level

bureaucrats and target groups. The bottom-up

approach believes that implementation will succeed

if the target group is involved from the beginning

from the process through to policy implementation.

According to Solihin (2005) The steps in the bottom

up approach in community development planning

can be explained as follows:

1. Mapping stakeholders involved in implementing

policies at the lowest level

2. Looking for information from these actors about

understanding policy

3. Mapping the relationship between actors at the

lowest level and actors at the level above

4. Researchers move up by mapping the actors at a

higher level by looking for the same format.

5. Mapping continues to the highest level.

According to Muhammad (2004) the approach in

bottom-up playning develops from small units or

subordinates to larger or more important units, such

as in organizations or processes. "Isn't it ironic that

the definitions already show that subordinate units

are less important when in fact the opposite. as can

be seen in diagram 1.1 above the bottom-up

approach to community playning is that the main

actor can interact with the government, not only

emphasizing the focus on public service standards,

but also that knowledge about sustainable

development planning from planning and

implementing and controlling the community must

Involved in a participatory manner. Large potential

that lies in "collective expertise and creativity of all

government organizations" is utilized, because the

bottom-up approach creates a foundation for sharing

knowledge and collaboration.This approach can also

create individual involvement because individuals

with knowledge are involved in identifying and

providing optimization. This approach also increases

job satisfaction and motivation through higher

commitment and identification by being part of the

solution,as presented in Figure 2.

Figure 2: Schematic diagram of the “bottom-up” approach

compared to the “top-down” approach (Ebbs, 2000).

ICOSOP 3 2019 - International Conference on Social Political Development (ICOSOP) 3

2.2 Policy Implementation Model

The policy implementation phase can be

characterized and distinguished from the policy

making stage. Policy making on the one hand is a

process that has a bottom-up playning logic, in the

sense that the policy process begins with the

delivery of aspirations, requests or support from the

community. Whereas policy implementation on the

other hand has a top-down logic, in the sense of

decreasing abstract or macro policy alternatives into

concrete or micro actions (Wibawa, 1994: 2).

According to Sabatier (1986: 21-48), there are

two models that race in the policy implementation

stage, namely the top down model and the bottom up

model. Both of these models are present in every

policy making process. The elite model, the process

model and the incremental model are considered as a

picture of policy making based on the top down

model. While the bottom up model can be seen in

the group model and institutional model.

Grindle (1980: 6-10) introduced the

implementation model as a political and

administrative process. The model describes the

decision making process carried out by various

actors, where the final output is determined by both

the program material that has been achieved and

through the interaction of decision makers in the

context of administrative politics. The political

process can be seen through the decision making

process that involves various policy actors, while the

administrative process is seen through the general

process of administrative action that can be

investigated at a particular program level. The policy

making process in implementing a policy can be

summarized in Figure 2 regarding the

implementation of the policy administrative and

political processes.

Figure 3: Implementation as a political and administrative

process

sharia’ Islam in Aceh(Grindle, 1980. p. 11).

The study is available from the perspective of

policy formulation in Aceh which leads to

challenges during the period that need to be taken in

the process of formulating policies in Aceh. Looking

at policy references in Aceh in the context of the

development of Islamic values and civilization as

well as Indonesian socio-culture and Pancasila

ideology and the 1945 Constitution (UUD 1945)

which are about Islamic Sharia is a process of

structuring policies during the reformation period in

1998 between the central kingdom Indonesia and the

Aceh region (Siregar, 2008). According to the

reviewer from Australia, Hooker (2008) stated that

in the process of implementing Islamic Sharia policy

in Aceh encountered many challenges in which the

Sharia law that wanted to be applied must be "in line

and consistent" with the national legal system. But

in reality, the mention of the word "Shari'a" cannot

be given with a clear definition.

Likewise in the statement Arskal (2004) explains

that the formulation of Islamic sharia policies in

Aceh is the fruit of a prolonged vertical conflict that

occurred between the central kingdom to the Aceh

region. Arskal (2008) also added that Islamic law is

an alternative policy choice given to the Aceh region

by the Indonesian central government judging that

there are inconsistencies, contrary to national

legislation, meaning ambiguity and impermanence

in material formulation of the Islamic Sharia Qanun

on the power held to regional ranks in enforcing

regional ranks in upholding the regions Islamic law

(Arskal, 2008).

Syafingi's (2012) study shows that the

Indonesian constitution of the 1945 Constitution also

recognized the granting of regional autonomy from

central government to regional government. Among

its goals is autonomy. That is, it provides more space

at the district level to plan, make arrangements or

implement various administrations within the

framework of national needs (Syafingi, 2012). In

addition, the perspective of implementing the

implementation of Islamic Shari'a as in the study of

Latief (2013); Muhibbuthtabary (2012) and Isa

(2012) also explained that Islamic law is the result of

a political compromise and negotiations with the

central government conflict Aceh government that

was established in the reform era in 1998. In this

context, they explain that formulation instituted

policies of the central government basic legislative

Indonesia Aceh province based on these laws is

through Act No. 44 of 1999, Act No. 18 of 2001 and

Act 2006 Indonesian law also recognizes the

autonomy in terms of enforcement of Islamic law.

Third of this legislation was approved in a number

The Current Evaluation of Implementation on Sharia’ Sharia Policy in Aceh Province, Indonesia: Bottom-up Approach

of Qanun in accelerating the implementation of

Islamic law in Aceh province.

Review Latif (2009) implementation of Islamic

law in Aceh as a political and legal transformation in

the form of Islamic Sharia law in the state with

either Canon or Government is a political product

that has been produced. Martyrs (2012) examined

formulation Islamic law in Aceh policies that take

into account the views of scholars and translated by

the existence of Regional Regulation (PERDA) in

various areas of Islamic law in Aceh. The results of

the study describes the policy formulation Islamic

law in Aceh-based theory of the relationship

between religion and state, the symbiotic paradigm.

The argument is that religion needs a country and

that is how a country needs religion. Martyrs (2012)

also argues that the application of Islamic law in

Aceh highlighted more symbolic than real. Although

there are legal provisions on the application of

Islamic law, the value of Islamic law in its

application is very weak. This is why the main

purpose of implementing Islamic law is not fully

realized.

Aziz's (2012) study emphasized the demands of

applying Islamic law that can be influenced by

domestic politics, including elements of

liberalization. According to him, this is the basis of

politics at present among the Indonesian

government. Fahmi's (2012) study revealed that

decision making in the PERDA and argues that the

scenario of implementation of the PERDA or

Regulation Regulations is difficult to implement

because of the political importance of decision

makers in both institutions.

3 METHOD

According to Denzin & Lincold (1994) qualitative

research is a data collection technique with natural

data techniques with the intention of assessing the

phenomena that occur. Sampling and data sources

are done purposively and snowball. And data

collection techniques performed by data

triangulation are data merging techniques that will

be carried out with generalized data analysis

techniques. According to Cathain (2008) qualitative

research can contribute to the problem from various

aspects which will be conducted in-depth interviews

through interviews and documentation. Thus Asfi

(2017) qualitative research methods have an

intervertive, critical and postmodern paradigm in

understanding truth through structured stadar of the

process flow in accordance with the paradigm and

application rules used by researchers.

Data collection techniques in this study were

conducted by in-depth interviews with informants.

The speakers in this study are those who are

involved in making Islamic Sharia regulations 7

elements of representation, namely the Aceh Islamic

Sharia Service, Legislation, Wilayatul Hisbah,

NGOs and community leaders at the level of village

authorities in the Aceh region.

The data analysis method will be encoded by

analyzing the data and well organized according to

the research instruments. The intended data analysis

that has been run with N Vivo 10.

4 RESULTS AND DISCUSSION

4.1 Bottom-up Playning Planning in

Upholding the Strength of Islamic

Sharia in a Participatory Manner

and Community-based

Partnerships

Participatory planning in the ranking of village

government in upholding the strength of this practice

consists of applying the overall community

agreement in all walks of life to foster the provisions

of existing laws and political actions based on

dynamic results of groups thought in realizing

Islamic law. Considering the value of Islamic law

based on the existing law and as a political action is

the implementation of Islamic law as the desire of

society as a whole. As well as supporting the

prevention of social problems according to Islami

law is built rather than the existing law and as a

political action is a conflict prevention measure in

Aceh.

Rather than the law available and as a political

measure is a conflict prevention measure in Aceh.

When in political action in applying an

agreement is a dynamic result of group thought

consisting of:

i) Fiqh perspective clothing, human rights and

legislation in Indonesia;

ii) Clothing in the perspective of Islamic civilization

and culture;

iii) Women's participation in the diversity of Islamic

fashion models;

iv) The strategy of socializing the application of

Islamic dress and the formation of formal

education commodity pathways.

ICOSOP 3 2019 - International Conference on Social Political Development (ICOSOP) 3

Considering the value of Islamic law is the desire

of society as a whole. This consideration is based on

the law which is available:

i) Law Number 44 of 1999 concerning

Implementation of Aceh Privileges;

ii) Law Number 11 of 2006 concerning Aceh

Government.

The two laws mentioned above show that:

i) "Islamic Sharia policy is a requirement of Islamic

teachings in all aspects of life" (Chapter 1 Law

No. 44 of 1999: 1);

ii) "The implementation of Islamic law can be

further regulated in the form of a Qanun (Article

125 of Law Number 11 of 2006: 87).

Political action in considering the value of sharia

is the desire of the community as a whole that the

implementation of Islamic law has become a

consideration of the lives of the people of Aceh in

upholding Islamic law. And the public wants to

realistically use Islamic clothing as a necessity in

daily life.

Political action in considering the value of

Islamic Sharia is as conflict prevention in Aceh is a

support for positive actions that have been in effect

before the issuance of the 2006 Act as the position

of the Aceh legislation as an autonomous region in

upholding Islamic Sharia. These prevention

recommendations are as follows:

i) Prevent the occurrence of actions or activities

that arise due to drinking rooms in the

community (Article 3 Qanun of Nanggroe Aceh

Darussalam Province Number 12 of 2003: 4);

ii) Preventing community members from carrying

out actions that lead to Maisir or gambling

(Chapter 3 Qanun of Nanggroe Aceh Darussalam

Province Number 13 of 2003: 3);

iii) Prevent members of the community as early as

possible from committing acts that lead to

adultery (Article 3 Qanun of Nanggroe Aceh

Darussalam Province Number 14 of 2003: 2).

Community Based Partnership: Implement

community agreements reached through the value of

compromise. Implementing community agreements

is the dynamic result of various group thoughts in

making policy decisions. The second interpretation

of this is based on the existing law that is, the

Regent's Decree No. 1111 of 2009 concerning the

Establishment of the National Seminar Committee

for Enforcement of Islamic Sharia in the Use of

Islamic Clothing in the Teuku Umar Region of West

Aceh in 2009. The statement of the law states that

that:

i) Dynamic thinking that develops in group

discussions with the community;

ii) The formulation of each group will be read out at

the plenary discussion that took place on Sunday,

dated 20 December 2009;

Supporting prevention of social problems

according to Islamic law is an act of conflict

prevention in Aceh. This action is built from existing

laws, namely:

i. Qanun of Nanggroe Aceh Darussalam Province

Number 12 of 2003 concerning Khamar

Beverages and the Like;

ii. Qanun of Nanggroe Aceh Darussalam Province

Number 13 of 2003 concerning Maisir

Gambling;

iii. Qanun of Nanggroe Aceh Darussalam Province

Number 14 of 2003 concerning Seclusion or

Meusum.

The above legal statement asserts that:

i) "Drinking wine or liquor drinks and the like is a

violation of Islamic law" (Qanun Aceh Province

Number 12 of 2003 on Alcoholic Drinks

Production: 1);

ii) "Maisir or gambling including one wrong act

forbidden in Islamic law" (Qanun Aceh Province

Number 13 of 2003 on Gambling Maisir: 1);

iii) "Seclusion or Meusum including one wrong act

forbidden in Islamic law (Qanun of Nanggroe

Aceh Darussalam Province Number 14 of 2003

on Seclusion or Meusum: 1).

4.2 Implementation of Policy Barriers

or Weakness of Islamic Law in

Aceh in the Process of Political and

Administrative

The weaknesses in practice are technical barriers and

political constraints. Technical constraints can be

built on existing laws, and political action is the

policy decision to achieve the goals of the interest

group. While political constraints show that politics

is a reflection of poor socialization in action -

education and service delivery to the public

understanding of Islamic law in Aceh.

Technical constraints indicate that policy

decisions to achieve the goals of the interests of the

group While in the political perspective technical

constraints indicate that policy decisions to achieve

the goals of the group can be expressed as follows:

i) Increasing costs in policy planning, such as due

to budgetary allocation in other cost allocations;

ii) Determination of criteria model garment worn by

Muslim women in West Aceh. This situation

tends to conflict with fellow decision-makers;

iii) Refusing to think openly in the pursuit of policy

goals Therefore, the implementation of policy

The Current Evaluation of Implementation on Sharia’ Sharia Policy in Aceh Province, Indonesia: Bottom-up Approach

decisions is valued less professionally in the field

and thus less confidence in the implementation

by the authorities.

Political constraints indicate that the barriers to

socialization are weak in the delivery of education

services to the community regarding Islamic law.

There are two ways in which the perceived

weaknesses aresumbernya?: First; The role of media

in the transmission of information. This can be

understood as a symbol of the obligatory symbol

wearing a skirt in upholding Islamic law. Second:

Obtaining consensus or coercion in the use of

Islamic clothing. It is a fine for cutting pants in order

to achieve the stated policy goals.

5 CONCLUSION

Enforcement of Islamic law in Aceh can be done

through a bottom-up approach should playning must

be carried out with the involvement of the

community in a participatory and community-level

governments in the village into a major partnership

for relentless in understanding the meaning of

Islamic law in Aceh. Barriers to the implementation

of Islamic Shari'a politically and administrative

processes of government resource capabilities in

upholding Islamic Shari'a in the field.

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