The Position of Defendant’s Statement in the Proof of Adultery Case (The Analysis of Syar’iyah Court Verdict Banda Aceh)

In Article 37 Paragraph (1) Aceh Qanun Number 6 of 2014 on Jinayat Law mentioned that the moslems who confess of doing zina then their confession is considered as the request to be sentenced with zina punishment. However in its practice, the researcher finds out that some verdicts decided by Sharia Court Banda Aceh, the defendant who testifies/confesses of zina is sentenced with tazir punishment, not hudud punishment. The main purpose of this study is to find out the answer based on Islamic shariah regarding the provision of jarimah zina verification with the defendant's statement and the consequence that will be certified by the defendant when hudud punishment is applied. The research employs a descriptive-comparative analysis method. Based on the study on 55 verdicts of jarimah ikhtilat decided by the Sharia Court of Banda Aceh, the researcher found that there were 12 verdicts in which the defendants stated that they had committed to zina before they got caught, however they were sentenced with jarimah ikhtilath article not jarimah zina article. Whereas, referring to normative fiqh provisions, they suppose to be sentenced with hudud punishment in the world in order to abort the punishment in the afterlife.