Positivisation of Islamic Sharia as Local Government Regulations for Minority Citizens as Liyan in Aceh

Indonesian) Although the majority of Aceh's population is Muslim, the rules formulated in the form of Islamic Sharia Qanun cannot be separated from social interaction with non-Muslims as a minority community. This study wants to reveal the position of non-Muslims in Qanun (Sharia rules) for the application of Islamic law in Aceh, with the aim of analyzing how Islamic Sharia Qanun is made and their problems with diverse views on the equality of identity in Aceh. This is based on several facts which show that the paradigm of equality of diverse identities in Aceh has not been a major concern among religious communities. This research is library research using secondary data. Data collection techniques are carried out by reviewing the literature and related documents, namely analyzing 13 Qanun (Sharia Rules) of the application of Islamic Sharia and one Aceh Special Region Regulation, as well as other valid and credible sources. The findings in this library research are the rules formulated in Aceh's Jinayat Qanun giving freedom to the choice of punishment for non-Muslims. This freedom is granted through the principle of surrender, which is regulated in article 129 of Law Number 11 concerning the Government of Aceh and Article 5 of the Aceh Qanun Number 6 of 2014 concerning Jinayat Law.


INTRODUCTION
When exploring other concepts, it is important to refer to the discourse of the birth of masculinistic philosophy by Platonists and Aristotelians. Liyan, in this case, is interpreted as humans who do not have the essence of participation. Liyan is also intended as the disappearance of participatory capacity when it is constructed as an identity whose presence must be protected, and restrained. This condition gives birth to the reality of fertility, that he is not his, the body is not his, his life is also not in his power (Riyanto, Christy, and Widodo, 2011).

The application of Sharia law in
Aceh has triggered a variety of reactions, some arguing that this Sharia law have a detrimental effect on human rights issues, while others claim that Aceh should be ensure that Sharia law is part of the values of religious practice (Habiburrahim et al, 2020). The main problem in the application of Islamic law in Aceh is the emergence of the potential for a rift in the relationship between religious harmony in Aceh.
Although in addition to the condition of harmony among religious believers, the issue of internal harmony among religious communities is also a separate issue between the application of Islamic law in Aceh (Sabil, Abubakar, and Munir, 2017). This condition was born because of the assumption that these Qanun produced through the legislative process in parliament, of course with a long process of political lobbying, is an absolute truth that cannot be contested, including the desire to overhauling it.
This condition also forms a public perception that Islamic law in Aceh is not compatible with aspects of human rights, Islamic law is always considered as part of the restriction of freedom, including deprivation of minority rights. This perception forms a prolonged phobia towards Islamic law. Actually, the perception as written above does not stand alone, it is supported by the supporting pillars around it. The buffer is the behavior of individuals who act in the name of Islam to justify all opinions and behavior, although, in essence, the view of how to run the law in Islam is not rigid.
The phenomenon of formalization of sharia and its relation to conflicts between religions and intra-religion quite a lot of attention, not a few also discussing from the perspective of minority citizenship. Regarding Islamic law legislation in several regions in Indonesia is still an interesting discussion until now, one of the causes is the polarization of nondiscriminatory discourse against women's

RESULTS AND DISCUSSION
The majority-minority interface in legal construction can be traced to the popular will concept by JJ. Rousseau, there are three main principles: first, people's power as the highest power must reflect the will of the public/common (volente/general will), second, the people themselves determine how he is led and by whom he is led, third, everyone has the right to determine himself and to participate in the decision making process that concerns the whole community (Bo, 2019). There are two main views related to this, in addition to the concept of the public will (Volente general), there is also a concept called sovereignty.
As a preliminary view which is often referred to in legal terms as a majority agreement, instead of being accepted, Rousseau's concept has been widely criticized by scholars. Bo (2019)

2016), the interaction between Aceh and
Jakarta -the Central Government-had more conflict than peace (Ichwan, 2019). This effect gave rise to "xenophobia" on non-Acehnese identities, the most traceable to the present is a "tribal" identity between Aceh and Java, which was initially considered a national narrative.  (Makin, 2016).
Seeing the problem above, it is important to ask again whether differences in identity can give birth to conflict? Or the conflict that has been happening just exploits identity as a lighter to ignite the "fire of violence" so that it gets bigger, which is the real problem is the inadequate economic needs of the conflicting people.

The Principle of Submission in the Jinayat Aceh Qanun
The principle of self-submission is