IMPLEMENTATION OF THE MOU HELSINKI ON CRIMINAL LAW POLICY IN

Aceh, as one of the autonomous regions in the context of the Unitary State of the Republic of Indonesia, in the practice of implementing Local Government, repeatedly not only positions the type and hierarchy of laws and regulations following Law No. 12 of 2011 on the Establishment of Laws and Regulations but also positions the Helsinki MoU as one of the legal sources. The thing that is the practice in this writing is related to how the implementation of the Helsinki MoU in criminal law policy in Aceh. Research methods are conducted with normative legal research methods and prescriptive research. Data collection in this study is done through literature research. Data analysis is done with qualitative analysis; the process of data analysis and using legal data is also possible to use non-legal data. This study showed that after the MoU of peace between the Indonesian government and GAM was marked on August 15, 2005, in Helsinki, Finland, 24 governments then passed Law No. 11 of 2006 on the aceh government. This law is a political commitment of the Indonesian government in following up on the results of the peace agreement in Helsinki. One of the authorities (autonomy/self -government) granted in the law is to implement Islamic sharia in Aceh in a kaffah both in t erms of worship, education, muamalat, shiar, civil law, and criminal law. While implementing the Helsinki MoU is, the regulation related to Jinayat (Criminal Law) has strengthened. Other judicial institutions are also concerned about implementing criminal law in Aceh, although the rules about Criminal Law still cause debate


PRELIMINARY
Aceh is a province within the scope of the Unitary State of the Republic of Indonesia with special status and characteristics of an autonomous sphere.The Aceh Regency in question is regulated in Law Number 44 of 1999 concerning the Implementation of Privileges for the Aceh Regency.The scope of the value of privileges regulated in the law includes 4 (four) things, namely, the field of Islamic Sharia, custom areas, education, the role of the ulama in the government structure.In 2005 negotiations began between the central government and GAM, at that time the central government began to respond to the aspirations of GAM (Free Aceh Movement), and GAM also tried to forget the idea of independence.They themselves or fled from Indonesia., this agreement is in a joint memorandum of understanding or better known as the Memorandum of Understanding between the government of the Republic of Indonesia and the Free Aceh Movement in Helsinki1.
Regarding the issue of global rebellion in Indonesia, one of which took place in Aceh to attract international attention.However, the existence of Aceh was established with a special regional status.The 30-year conflict in Aceh is one of the bloodiest for a relatively long time2.Historically, Aceh has been in a state of conflict for about 125 years, starting with the Acehnese resistance movement against the Dutch settlers and continuing during the Indonesian War of Independence Tengku Muhammad Daud Beureuehs resistance during the period.Therefore, the Soekarno government declared the Aceh Movement to free the grandson of national hero Tgk.Cik Di Tiro, in particular Hasan Tiro, marked the pinnacle of frustration on the Jakarta ground under Suharto.This has passed since signing a peace memorandum of understanding between the Indonesian government and GAM in Helsinki, Finland3.
A Memorandum of Understanding or MoU in short is a memorandum of understanding signed by each party as an initial guideline for signing an agreement between the two parties.According to Munir Fuady, the MoU is an initial agreement because it will be followed and clarified in other contracts that detail it.Therefore the MoU only covers essential elements4.The contract starts from the difference in interest rates between the parties.The establishment of a contractual relationship usually begins with negotiations between the parties.Through negotiation, the parties try to come up with an agreement form to agree on what they want5.
The Memorandum of Understanding on Helsinki (MoU) consists of 6 (six) points agreed between the two parties.One of the contents of the Memorandum of Understanding (MoU) between the Republic of Indonesia and the Aceh Freedom Movement or, in short  Munir Fuady, Hukum Bisnis Dalam Teori Dan Praktek (Citra Aditya Bakti, 2002).Based on this special status, Aceh enjoys special authorities regulated in the Aceh government law, one of which is the application of Islamic Sharia values to local communities as set out above.The place where the Qanun is carried out if it is based on the Indonesian legal system is at the level of regional regulations that regulate the administration and life of the Acehnese people.Although the Aceh government has the power to control its territory independently and under the laws of the Aceh government, it must be remembered that authority is not absolute.There are corridors of national laws and humanitarian values, including international human rights treaties, which are ratified by the Indonesian state, limiting the exercise of the Aceh government's authority7.

RESEARCH METHODS
This study uses the legal method analytical method using legal standards and current laws and regulations to examine the problem8.Therefore, the data used is secondary data.The literature review includes three legal documents, namely primary legal documents, secondary legal documents, and primary legal documents.In addition, the approach used is a qualitative approach related to law and living standards in the community9

UNDERSTANDING THE MOU AND THE HELSINKI MOU
MoU stands for Memorandum of Understanding.This term comes from two words Remember and Understand.In The Black Law Dictionary, this memorandum "should serve as the basis for future formal contracts" (the basis for starting the drafting of future formal contracts).At the same time, the interpretation is "An implied agreement derived from the express conditions of another agreement whether written or oral" (a statement of indirect acceptance of its relationship with another agreement orally or in writing).Thus the Memorandum of Understanding forms the basis for drafting a futures contract due to the understanding between the parties, both written and verbal10.
In Indonesia, a memorandum of understanding described as an informal agreement does not require special procedures and is not very inventive.The MoU is the most widely used agreement in Indonesia and has several bilateral agreements11. Following

IMPLEMENTATION OF THE HELSINKI MOU ON CRIMINAL LAW POLICY IN NANGGROE ACEH DARUSSALAM (NAD)
Legal institutions are one of the state's tools to achieve goals and determine the direction of state activities.The government's own policy identifies the interests of regulatory policies as a reflection of the state.The main objective is to ensure the security of the people and legal certainty which must be carried out by a sovereign state.The concept of defense stems from national interests and national goals.Aceh's interest under the Aceh Government Law Number 11 of 2006 is in strengthening traditional institutions through the Wali Nanggroe Institute, a natural resource management body that develops Islamic Sharia law which defines regional songs and regional symbols of the existence of a conventional judiciary institution.human rights The Aceh Truth and Reconciliation Commission (KKR) and the Syariyah City District Court and the Syariyah Provincial Court may cooperate abroad in the political sector in the presence of local political parties and independent candidates participating in elections17.
This arrangement contains the specific notion of autonomy desired by the Helsinki Memorandum of Understanding.However, when Aceh was given special authority to manage its household, there were obstacles in its implementation, namely the implementation of special autonomy as described in the details of this article.November 2006 concerning the Aceh government still cannot be implemented because several implementing regulations such as government regulations and presidential regulations have not been approved so far.
The Aceh government has made efforts to reform Islamic Sharia law in the regional legislative agenda with the implementation of Aceh Qanun Number 6 of 2014 concerning Laws related to Jinayat.The qanun ratification process, which began with a discussion of the qanun project, was accompanied by a rather complicated debate about the Aceh government and the Aceh People's Representative Council (DPRA).The emergence of arguments to strengthen sanctions and the addition of types of jinayat also started with a very long debate.
The Jinayat Law and the implementation of the Jinayat Procedural Law is one of the strict rules required in Aceh.The provisions of the Criminal Procedure Code (KUHAP) cannot 14 Zaki Ulya, 'Dinamika Penerapan Hukum Jinayat Sebagai Wujud Rekontruksi Syari'at Islam Di Aceh', Jurnal Rechtsvinding, 5.1 (2016), 139.15 Makmur Supriyanto, Tentang Ilmu Hukum (Jakarta: Dapur Buku, 2014).16  meet the demands of law enforcement in Aceh.This is one of the logical reasons why the Aceh government regulates the regulation of the qanun jinayat and jinayat events18.
In Qanun Jinayat, the community is given a role in preventing the emergence of gamling wine and seclusion.The participation of Muslims is not carried out in the form of "vigilance" ut based on the judicial process in the Court.Let's say you don't look at the human rights aspect.In this case, the floating behavior prescribed by the Qanun is more effective because it is embarrassing and does not pose a severe risk to the family.This type of punishment is also a fairly low cost to the government than other types of uquat, as it spends more money to punish criminals.The urgency of the qanun jinayat is also one of the Aceh government's efforts to avoid a legal vacuum to apply the laws and regulations in force in Indonesia regarding crime.The Sharia courts and Wilayatul Hisah are responsible for the investigation, execution of prosecutions (sinks), and tracking of the perpetrators of crimes entrusted to them19.
Aceh as a special region enjoys full autonomy, including establishing the title of qanun with regional regulations (PERDA).The Helsinki MoU also supports this provision which forms the basis of the qanun that was originally mandated.However, the Helsinki Memorandum of Understanding limits the qanun's compliance with national law and the United Nations International Covenant on Civil and Political Rights and economic, social and cultural rights.Many governments and NGOs involved in human rights issues have criticized the new Qanun Jinayat for being accused of human rights abuses.Qanun Jinayat violates the right to a fair trial which is contrary to the criminal code and national criminal law that legalizes violence against women and children and legalizes torture.
The Aceh Government Law Number 11 of 2006 was stipulated by the Indonesian government and the DPR AS a special legislative framework introduced by the state for certain regions based on Article 18B paragraph (1) of the Constitution of the Republic of China.Republic of Indonesia 1945 In addition, laws passed by the Aceh government because of the Aceh Peace Agreement.Therefore the laws of the Acehnese government must also reflect the Aceh peace agreement reached between the Indonesian government.Based on this special status, Aceh has special powers as outlined in Aceh government regulations, one of which is the application of Islamic Sharia law values to local communities appointed by the Aceh government to manage the Qanun Department.The place of Qanun in the Indonesian legal system lies in the local regulations governing the administration and life of Acehnese people.Although the Aceh government has the right to manage its territory independently and under the laws of the Aceh government, it must be remembered that power is not absolute.There is a corridor of national law.And human values, including international human rights treaties.Which country of Indonesia has ratified restrictions on the exercise of the authority of the Aceh government.
The contextual meaning of the Aceh Qanun is based on Law Number 11 of 2006, which was enacted after the Helsinki Memorandum explicitly stipulates the term Qanun.For example, the general provisions of Article 1 No. 12 states that "The Aceh Qanun is a law similar to a provincial regulation regarding the administration and life of the Acehnese population.The presence of a second Qanun in practice appears to be limited by higher laws and regulations.For example, Aceh Qanun 6 of 2011 concerning Law Jinayah tends to contradict the 1945 Constitution (UUD 1945), in this case the principles of human rights.This statement is supported by the Institute for Criminal Justice Reform (ICJR).Even ICJR harmonizes standards in law, unlike Article 10 of the Criminal Code, which does not recognize the punishment of whipping20.Legally in Law Number 11 of 2006, Article 241 paragraph (4) stipulates that "Qanun relating to jinayah (criminal law) are excluded from the provisions of paragraphs (1), ( 2) and (3)".this provides an adequate opportunity for the Aceh government and the Aceh DPR to enact laws that are compatible with Islamic values and the customs of the Acehnese people.
Qanun Jinayat is the embodiment of Islamic Sharia law that applies in Aceh.Aceh Province which recognizes the existence of a sharia system as its basic law because it already has a legal framework with Law Number 44 of 1999 and Law Number 11 of 2006.From a national perspective, the Indonesian state is included in a third country system, which adopts Sharia law and a system of national law that is applied together in a country21.
Qanun Number 6 of 2014 concerning Jinayat Law consists of 10 articles and 50 articles.Chapter I on general provisions Chapter V on the scope of Chapter III on reasons for forgiveness and apologies Chapter IV on Jarimah (violations) and uquat (punishments) Chapter V on the combination of jarimah actions Chapter VI on giving finger and uquah to children Chapter VII on compensation and rehabilitation of chapter VIII on other provisions of chapter IX on transitional provisions and chapter X on closing.
Based on the concepts described above, one can imagine that Qanun Number 6 of 2014 is a new vehicle in the sharia-oriented Islamic political system in Aceh.The process of ratification of the qanun has been a long-standing debate and is still legally debated on several sides.On the one hand, the qanun was also promulgated as Law No. 11 of 2006 concerning the Government of Aceh.
On the one hand, Aceh's qanun jinayat can import all Islamic legal sanctions.But on the other hand, guest law still has to comply with and comply with state rules and regulations22.
The increasing resistance from several communities began with a judicial review before the Supreme Court and the Constitutional Court.Jinayat qanun's request for expertise violates the Criminal Code.Iskandar Usman AlFarlaky, Chairman of the Legislative Council of the DPRA, confirmed the refusal toconfirmed the rejection of the judicial review conducted by several NGO communities in Aceh.Iskandar asserted that: "UU Jinayat follows the Law on the Government of Aceh (UUPA) as stated in Article 1 No. 2 of Law Number 11 of 2006 concerning the Government of Aceh.legislation23.

CONCLUSION
The emergence of the debate that occurred regarding Jinayat (Islamic criminal law), because the criminal law that was previously applied was considered to infringe on human rights.Therefore, several circles of society conducted a Judicial Review of the laws and regulations related to Jinayat.The implications that emerged after the Helsinki Mou related to the Criminal Law Policy were the existence of customary justice institutions, the Human Rights Court, the Aceh Truth and Reconciliation Commission (KKR) and the district/city Syar'iyah Courts and the Provincial

5
Agus Yudha Hernoko, Hukum Perjanjian Asas Proporsionalitas Dalam Kontrak Komersial (Kencana, 20 2 11).concerns the administration of government in Aceh by establishing a law for the Aceh government.After the great tsunami tragedy that hit Aceh, the central government wanted to renegotiate peace with GAM, and finally, a Memorandum of Understanding on Helsinki (MoU) was established.The manifestation of the Helsinki Memorandum is found in the Aceh Government Law Number 11 of 2006 replacing the NAD Province Special Autonomy Law Number 18 of 20016.The Aceh Government Law Number 11 of 2006 was established by the Indonesian government and the Indonesian Parliament as a special legislative framework introduced by the state.for certain areas based on the provisions of Article 18B paragraph (1) of the 1945 Constitution of the Republic of Indonesia.In addition, the Aceh government law was enacted after the Aceh Peace Agreement (MoU Helsinki).Therefore the laws of the Aceh government must also reflect the Aceh peace agreement reached between the government of the Republic of Indonesia.‚The Aceh Legislature will reform the legal provisions for Aceh based on universal human rights principles as enshrined in the United Nations International Covenant on Civil and Political Rights and economic, social and cultural rights.(Paragraph 1.4.2 of the Helsinki MoU)‛ the signing of the Memorandum of Understanding on Peace between the Indonesian government and GAM on August 15, 2005, in Helsinki, Finland, the 24 governments subsequently passed Law on the Government of Aceh No. 11 of 2006.This law is a political commitment by the Indonesian government to monitor the outcome of the Helsinki peace agreement.One of the authorities (autonomous self-government) granted by law is to apply Islamic Sharia law in Aceh in kaffah both in terms of worship education, muamalat, syiar, civil law, and criminal law12.The application of Islamic law in Law Number 11 of 2006 is stated in Article 125 as follows13; 1. Islamic Sharia law that applies to Aceh includes sharia aqidah and morality, paragraph (1); 2. Islamic law as mentioned in paragraph (1) includes worship of ahwal alshakhshiyah (family law) muamalah (civil law) jinayah (criminal law) qadha (judicial) tariyah (education), shiar da'wah and defense of Islam"; and 3. Other provisions relating to the performance of Islamic law as mentioned in paragraph (1) issued by Aceh Qanun are adjusted".1) Meanwhile, the contents of the Helsinki MoU agreed upon by the Government of Indonesia and GAM include: a. Governance in Aceh; b.Law on the Administration of Government in Aceh.c. Political Participation; d.Economy; e. Legislation; 2) Human Rights 3) Amnesty and reintegration into society a. Amnesty; b.Reintegration into society; 4 The national interest of the Republic of Indonesia is the establishment of the Unitary State of the Republic of Indonesia based on Pancasila and the 1945 Constitution of the Republic of Indonesia and ensuring harmonious national security and sustainable development to achieve development goals and national goals.14Meanwhile, the national goal is one that follows the 1945 Constitution of the Republic of Indonesia, forming an Indonesian state government that protects the entire Indonesian nation and all Indonesian blood; promote general welfare; education for the life of the country; Participate in realizing a world order based on freedom, lasting peace and social justice15.Since the signing of the memorandum of understanding on peace between the Indonesian government and GAM in Helsinki, Finland, it has had an impact on the rule of law in Aceh and the enforcement of Law No. 44/1999.The prerogative rights of the Aceh Province were also enforced by Law Number 18 of 2001 concerning the implementation of special autonomy for the Province of Nanggroe Aceh Darussalam before finally being changed to Law Number 11 of 2006 concerning the Government of Aceh.The introduction of Law Number 11 of 2006 is a transformation of the Memorandum of Understanding agreed upon by the Free Aceh Movement (GAM) with government officials in Helsinki16.