Optimizing Baitul Mal’s Role in the Enforcement of Qanun Jinayat in Aceh

Abstrak

Baitul Mal holds a legally mandated role in Aceh’s jinayat (Islamic criminal) justice system, functioning as the recipient of uqubat assets, a custodian of confiscated goods, and a depository for criminal fines, as stipulated in Qanun Aceh Number 10 of 2018 on Baitul Mal and Qanun Aceh Number 7 of 2013 on Jinayat Procedural Law. In practice, however, these functions have not been exercised effectively, raising questions about the institution’s actual position and operational capacity under the criminal justice framework. The study aimed to examine the institutional existence of Baitul Mal in the jinayat justice system and identify measures necessary to optimize its functions. An empirical legal research method was employed, with primary data collected through purposive in-depth interviews with selected respondents and informants, supplemented by secondary data from documentation and literature review. Data were analysed using a qualitative approach. The findings found out that Baitul Mal operates as a functional counterpart to the state property depository (Rupbasan), yet with a broader mandate, serving simultaneously as a custodial institution and a specialized regional financial body that contributes to Aceh’s locally generated revenue (Pendapatan Asli Daerah/PAD). Despite this dual capacity, its institutional role remains underrecognized in practice. Therefore, the particular study recommended optimizing Baitul Mal’s function by narrowing its scope to managing confiscated monetary assets and proceeds from the auction of seized goods (harata uqubat), while relinquishing responsibility for the custody of physical goods, which has been integrated into the prosecutorial authority following the incorporation of Rupbasan into the prosecutor’s office.

Kata kunci

• Optimization
• Baitul Mal
• Qanun Jinayat