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1Volume 8 Issue 3, 2024, pp. 52-61
doi: 10.22363/2521-442X-2024-8-3-52-61
Original Research
Language to contest legitimacy: The acceptability of Qanun Putroe Phang in light of the Acehnese discourse
by Yunisrina Qismullah Yusuf, Teuku Muttaqin Mansur and Kismullah Abdul Muthalib
Yunisrina Qismullah Yusuf
ORCID 0000-0002-7187-5117 h [email protected] Universitas Syiah Kuala, Indonesia
Teuku Muttaqin Mansur
ORCID 0000-0002-4927-9650 h [email protected] Universitas Syiah Kuala, Indonesia
Kismullah Abdul Muthalib
ORCID 0000-0002-7063-344X h [email protected] Universitas Syiah Kuala, Indonesia
Article history Received May 7, 2024 | Revised August 19, 2024 | Accepted September 2, 2024 Conflicts of interest The authors declared no conflicts of interest
Research funding Lembaga Penelitian dan Pengabdian kepada Masyarakat (Institution for Research and Community Service), Universitas Syiah Kuala, Grant No.
80/UN11.2.1/PT.01.03/PNBP/2023
doi 10.22363/2521-442X-2024-8-3-52-61
For citation Yusuf, Y. Q., Mansur, T. M., & Muthalib, K. A. (2024). Language to contest legitimacy: The acceptability of Qanun Putroe Phang in light of the Acehnese discourse. Training, Language and Culture, 8(3), 52-61.
This research aims to describe the perspectives of the Acehnese people on Qanun Putroe Phang. The theoretical approach employed is legal linguistics, utilising Critical Discourse Analysis. The focus of the research is on public opinion regarding the qanun, which is a regional regulation governing government administration and community life in Aceh, Indonesia. This qanun is known for prioritising the protection of women and children in Aceh since the reign of Sultan Iskandar Muda (from 1607 until 1636). The study involved interviews with 50 informants aged 20-80 years old, with 10 informants from each of the following districts: Aceh Besar, Pidie, North Aceh, South Aceh, and West Aceh. The interviews explored the participants' perceptions of Qanun Putroe Phang and their understanding of its role in protecting the rights of women and children within Acehnese society. The results indicated that 84% of respondents believe the qanun is, and will continue to be, relevant even in contemporary life. However, 16% of respondents viewed the qanun as a burden for families, particularly those with many daughters or economic difficulties. Many respondents suggested that the qanun should be revised to encourage its implementation in a manner that is not mandatory but persuasive for the Acehnese people.
KEYWORDS: Acehnese, discursive strategies, legitimation, protection of women and children, Qanun
This is an open access article distributed under a Creative Commons Attribution-NonCommercial 4.0 International License (CC BY-NC 4.0), which allows its unrestricted use for non-commercial purposes, subject to attribution. The material can be shared/adapted for non-commercial purposes if you give appropriate credit, provide a link to the license, and indicate if changes were made.
Putroe Phang, the queen consort of Sultan Iskandar Muda, is renowned for her pioneering role in the formation of the Ma-jelis Mahkamah Rakyat, known today as the People's Representative Council. This council, established during her influence, comprised 73 members from the villages in the Aceh Besar region, including 17 women (Wanti, 2011; Suhaimi, 1993). Under her leadership, customary law (adat) was formalised as qanun,
1. INTRODUCTION
specifically aimed at protecting the rights and safety of women, children, and newlyweds, particularly in circumstances where husbands were absent for extended periods due to work or war (Wanti, 2011).
Qanun Putroe Phang has been practised for generations, particularly in regions such as Aceh Besar, Pidie, Aceh Jaya, Aceh Barat, Aceh Barat Daya, and Nagan Raya (Yusuf, 2021). Initial interviews conducted in Amut village, Pidie, reveal that
© Yunisrina Qismullah Yusuf, Teuku Muttaqin Mansur, Kismullah Abdul Muthalib 2024 Licensed under a Creative Commons Attribution-NonCommercial 4.0 International License
by Yunisrina Qismullah Yusuf, Teuku Muttaqin Mansur and Kismullah Abdul Muthalib
prospective male spouses benefit from this qanun, as it ensures the care of their wives and young children by the wife's family during their absence. This research aims to investigate deeper the community's perceptions of Qanun Putroe Phang and its relevance in contemporary Acehnese society.
Forensic linguistics, the application of linguistic science in the legal field (Coulthard & Johnson, 2010; Gibbons & Turell, 2008; Susanto & Nanda 2020), provides a framework for this study. Legal linguistics is crucial for scientifically examining how language and law intersect, particularly in understanding the community's interpretation of qanun and its implementation. This research utilises Van Leeuwen's (2008) discursive strategies of legitimation to analyse how Qanun Putroe Phang is perceived and applied in Aceh. Given the scarcity of recent literature specifically discussing Qanun Putroe Phang, this study draws on both published works and interviews with the Acehnese community.
Previous research in legal linguistics has explored various aspects of locally applicable societal laws. For example, Kiguru (2014) analysed power asymmetry in Kenyan courts, focusing on the questioning and pragmatic strategies used during trials. The study revealed how examiners control discourse, limiting the contributions of other participants, and how accused individuals and witnesses navigate these power dynamics. Similarly, Ayassrah and Alidmat (2023) examined the use of commissive speech acts in the Sulha courts of Jordan, highlighting the role of language in enforcing justice and commitment in informal legal arrangements.
However, no linguistic examination has yet been conducted into Qanun Putroe Phang in Aceh. This research seeks to fill that gap by addressing the following questions.
1. How do the people of Aceh currently perceive the implementation of Qanun Putroe Phang?
2. Can this qanun be established as a legal policy foundation in Aceh for the protection of women and children across the province?
Although this qanun is not formally codified in the current State Court, understanding the community's interpretation, the underlying culture, and the meaning of its implementation provides valuable insights.
Local wisdom, recognised in Indonesian law, Article 1 paragraph (30) of Law Number 32 of 2009, as noble values guiding sustainable environmental management, underlines the importance of preserving qanun as a legal foundation in Indonesia's diverse society.
Prabandani (2011) asserts that customary law in Indonesia is constitutionally recognised, as stated in Article 18B paragraph (2) of the 1945 Constitution. The State acknowledges and respects the unity of customary law communities and their traditional rights, provided they align with national development and the principles of the Unitary State of the Republic of Indonesia. Additionally, Article 28I paragraph (3) emphasises respect for cultural identity and the rights of traditional communities in harmony with contemporary developments.
By exploring the application and function of Qanun Putroe Phang, this study aims to support the establishment of local wisdom as a legal policy foundation in Aceh, particularly for women and children protection. Analysing language and communication within society, especially regarding (in)justice and the exercise of legal power, is essential for evaluating the effectiveness of social laws like Qanun Putroe Phang (Cheng & Machin, 2022).
2. THEORETICAL BACKGROUND
2.1. Qanun Putroe Phang
Historically, nine out of 33 Sultans in Aceh were women, and the wives of the Sultans also played significant roles in governance, often leading behind the scenes (Lombard, 2006). One such influential figure was Putroe Phang. Although not an official ruler, she exerted substantial influence over her husband, Sultan Iskandar Muda Meukuta Alam, who reigned over the Aceh Sultanate from 1606 to 1636, due to her exceptional education and wisdom (Wanti, 2011). Her original name was Putri Kamaliah (Yusuf, 2021), and she was a daughter of the Pahang Royal Family, with her lineage tracing back to the Moghuls, who had migrated to Pahang and later established the Pahang Sultanate in Malaysia (Suhaimi, 1993).
Putroe Phang was highly revered, especially among women in the Acehnese community. She was known for her beauty, wisdom, and kindness, and was deeply connected to the community, actively addressing issues faced by women and children regardless of their social status. She was also recognised as the first woman to establish a judicial system in Aceh, specifically aimed at defending women's rights within the broader justice system of the Sultanate (Suhaimi, 1993; Wanti, 2011). Her influence is further commemorated in the Taman Sari Gun-ongan or Taman Putroe Phang, a beautiful structure built by Sultan Iskandar Muda as a private retreat for her in what is known today as the city of Banda Aceh, Indonesia.
Her leadership became widely acknowledged when she intervened in the case of two orphans disputing their inheritance: a rice field and a house (Wanti, 2011). The state court, known as fatwa, ruled that the house should be given to the boy, and the rice field to the girl. Dissatisfied with the ruling, the girl appealed to the Royal Family, requesting the house instead. Putroe Phang argued that the girl needed the house as her place of residence, while the boy could live in the meunasah (a traditional small mosque where boys reside during their religious studies). Despite initial debates, Sultan Iskandar Muda approved her decision, and it gained acceptance among many ulama (a group of Muslim scholars acknowledged for their expertise in Islamic law and theology) in Aceh as it did not contradict Sharia (the Islamic legal system derived from the Quran, the Hadith (traditions of the Prophet Muhammad), and other Islamic sources) and the customary law of the Acehnese community.
Further insights from interviews, such as with Qismullah Yusuf (73 years old, from Amut village), reveal another case where Putroe Phang's leadership was evident. Widows of soldiers killed in battles against the Portuguese and other enemies
Training, Language and Culture Volume 8 Issue 3, 2024, pp. 52-61
'While previous studies have acknowledged Putroe Phang's contributions to women's rights and the judicial system in Aceh, this research offers a perspective on how these historical narratives continue to influence contemporary legal and social practices. By examining the origins and implications of Qanun Putroe Phang, this study challenges the idealised view of her legacy. It explores the complexities of applying traditional laws in a modern context'
demanded protection and education for their children from the Sultanate. Putroe Phang responded by enacting a customary law that newlyweds must reside with the bride's family for a minimum of two years, allowing the husband to be trained in his roles as a husband and father. This practice, known as peumeukleh (separation), typically continues until the couple has two children and becomes financially stable enough to live independently.
In addition, according to Ainul Mardhiah (68 years old, from Geulumpang Minyeuk village), one of the Qanun Putroe Phang for the Acehnese people requires parents to provide a 'shelter' for their daughters, whether before or after marriage. This shelter, which can be anything from a bed or room to a house or palace, is solely for the daughter, with no legal rights granted to her husband or male relatives over it. This term 'shelter' was possibly chosen by the Queen to ensure the law's implementation across all societal levels without confronting the judges of that era. Following these cases, Putroe Phang advocated for a separate judicial system within the Sultanate to protect women's rights, distinct from the Faraidh system of wealth distribution under Islamic law, where men inherit twice as much as women but are obliged to protect them (Wanti, 2011).
While previous studies have acknowledged Putroe Phang's contributions to women's rights and the judicial system in Aceh, this research offers a perspective on how these historical narratives continue to influence contemporary legal and social practices. By examining the origins and implications of Qanun Pu-troe Phang, this study challenges the idealised view of her legacy. It explores the complexities of applying traditional laws in a modern context. This critical analysis adds to the broader discourse on how historical figures and legal traditions are invoked in current legal reforms, providing a fresh perspective that builds upon and questions existing knowledge.
2.2. Legal linguistics
Legal linguistics involves examining the law through linguistic methods, aiding legal experts and practitioners in better understanding how language functions generally and within legal contexts (Salmi-Tolonen, 2013). Candlin and Sarangi (2011) describe this field as encompassing a broad view of language and communication, including formal text and discourse studies, ethnographic studies on usage contexts, and social psychology studies on participant orientations, identities, and interpretative
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processes. Therefore, studies in legal linguistics, such as multilingual communication in courts, must be relevant to the real-world issues they investigate, motivated by societal needs and problems (Candlin & Sarangi 2011).
In this context, legal linguistics can systematically address societal issues. The study of legitimation, for instance, has drawn interest from linguists and discourse analysts, particularly in the exploration of political and social practices. Traditionally examined from sociological perspectives, the impact of language on legitimation is now extensively analysed as it can either construct or challenge legitimacy (Van Leeuwen, 2008).
Linguistic approaches to legitimation have been applied to various genres, including political speeches (Reyes, 2011; Rojo & Van Dijk, 1997), government-issued notices (Van Leeuwen & Wodak, 1999), ministry press releases (Simonsen, 2019), newspaper articles (Alonso-Almeida & Carrio-Pastor, 2019; Manosuthikit, 2021; Khosravinik, 2015), and social media (Hansson & Page, 2021). While much of this research has centred on political discourses, this study extends the scope by applying legal linguistic analysis to the context of Acehnese qanuns, specifically at the intersection of traditional legal practices and modern legal frameworks. This approach challenges the predominant focus on political discourse in legitimation studies and emphasises the importance of considering how legal language functions within culturally specific contexts, thus contributing to the broader field of legal linguistics.
2.3. Van Leeuwen's legitimation strategies
Van Leeuwen (2008) identifies four discursive strategies for legitimating social practices: authorisation, rationalisation, moral evaluation, and mythopoesis (Qvarfordt et al., 2019). These strategies address implicit questions such as 'Why should we do this?' or 'Why should we do this in this way?' (Van Leeuwen, 2008, p. 105). The four strategies are defined as follows (Bjorkvall & Hoog, 2019).
1. Authorisation: legitimation through reference to authority, including law, tradition, or custom.
2. Moral evaluation: legitimation through explicit or implicit reference to value systems, using comparison, evaluation, or abstraction.
3. Rationalisation: legitimation refers to the goals, means, and effects of institutionalised social action or knowledge that society has constructed to endow them with cognitive validity.
4. Mythopoesis: legitimation through narratives, such as moral or cautionary tales.
Bjorkvall and Hoog (2019) applied Van Leeuwen's (2008) strategies to analyse 'platform of values' texts from Swedish public authorities, revealing that the legitimisation of these texts relies on rationalisations portraying them as practical means to specific ends, while the choice of core values is legitimised through authority rooted in custom. Similarly, Qvarfordt et al. (2019) used Fairclough's (2013) critical discourse analysis and Van Leeuwen's (2008) legitimation strategies to examine global anti-doping efforts in sports. Their study highlights a shift from
by Yunisrina Qismullah Yusuf, Teuku Muttaqin Mansur and Kismullah Abdul Muthalib
'Van Leeuwen's (2008) framework serves as a powerful analytical tool for understanding how practices are legitimised or contested. While it has predominantly been applied to political discourse, this study extends its application to social practices, specifically within the Acehnese context of children's and women's protection. By examining how legitimation strategies are used in discourse surrounding this practice, the study aims to reveal the mechanisms that sustain or challenge it within the local community. Additionally, it provides insight into how cultural, religious, and legal narratives intersect to shape societal norms and the legitimation of practices deeply embedded in society'
authoritarian to rational and athlete-centric stances, with moral evaluation playing a crucial role in legitimising anti-doping policies.
Van Leeuwen's (2008) framework serves as a powerful analytical tool for understanding how practices are legitimised or contested. While it has predominantly been applied to political discourse, this study extends its application to social practices, specifically within the Acehnese context of children's and women's protection. By examining how legitimation strategies are used in discourse surrounding this practice, the study aims to reveal the mechanisms that sustain or challenge it within the local community. Additionally, it provides insight into how cultural, religious, and legal narratives intersect to shape societal norms and the legitimation of practices deeply embedded in society.
3. MATERIAL AND METHODS
3.1. Informants
This study used a qualitative approach to address two research questions. Data collection primarily involved interviews with selected informants, chosen through purposive sampling, a non-probability sampling technique where participants are intentionally selected based on specific characteristics relevant to the research objectives (Tongco, 2007). The criteria for selecting informants included their knowledge of Acehnese culture, familiarity with Qanun Putroe Phang, and demographic diversity in terms of gender, age, educational background, and occupation. This approach was designed to ensure a comprehensive understanding of the different perspectives on Qanun Pu-troe Phang across various segments of Acehnese society.
A total of 50 male and female informants were interviewed, drawn from five districts: Aceh Besar, Pidie, Aceh Utara, Aceh Selatan, and Aceh Barat. These districts were selected for their representation of different regions within Aceh, all of which have Acehnese as their native language. The informants, aged 20 to 80 (29 aged 20-45, and 21 aged 50-80), had diverse educational backgrounds, ranging from elementary education to professorial roles at Aceh universities. They represented a wide array of occupations, including farmers, traders, common
people, politicians, food vendors, and prominent entrepreneurs in Aceh. The selection process also considered the informants' roles within their communities and their potential influence on the discourse surrounding Qanun Putroe Phang. The inclusion of diverse genders, ages, and educational levels was aimed at capturing a deeper understanding of perceptions regarding Qanun Putroe Phang and its relevance to contemporary Acehnese society.
3.2. Instrument
Semi-structured interviews were employed as the primary data collection method in this research. This format provided a balance between obtaining consistent information across interviews and allowing flexibility to explore the informants' unique insights. The interview questions were designed to elicit views on the relevance and effectiveness of Qanun Putroe Phang, particularly concerning the protection of women and children in Aceh, as well as its benefits and implementation in modern life. Additional probing questions were used to delve into the informants' personal experiences and to contextualise their responses within broader cultural and social frameworks. The interview results were expected to yield detailed insights into the current implementation of Qanun Putroe Phang in Aceh.
3.3. Data collection and analysis
Each interview lasted approximately 15-20 minutes. The semi-structured interviews included various open-ended questions (probing questions) to obtain detailed answers and explanations (Adams, 2015). The interviews were conducted in Acehnese or Indonesian, depending on the informant's preference, to ensure clarity and comfort during the discussion. The core questions posed were:
1. Are you familiar with Qanun Putroe Phang?
2. What do you know about this qanun?
3. Do you believe this qanun is applied in your family?
4. What do you think are the advantages of applying this qanun in your family?
5. What do you think are the disadvantages of applying this qanun in your family?
6. Do you believe this qanun could serve as a foundation for Aceh's legal policy on the protection of women and children, particularly across the Province of Aceh?
7. If you agree, why? If you disagree, why?
The interviews were recorded and transcribed (Bailey, 2008). Transcriptions were then cross-checked with the informants to ensure accuracy and reliability. Data analysis employed Van Leeuwen's (2008) four legitimation strategies: authorisation, moral evaluation, rationalisation, and mythopoesis. These strategies were utilised to analyse how the informants justify, support, or contest the legitimacy of Qanun Putroe Phang within the Acehnese discourse. The analysis also involved coding and categorising the responses to identify common themes and patterns in the data (Naeem et al. 2023), which were then interpreted in light of the broader sociocultural context of Aceh.
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4. STUDY AND RESULTS
4.1. Authorisation
The findings from this research revealed that out of the 50 interviewees, 43 generally supported the implementation of Qanun Putroe Phang, while 7 interviewees, primarily from the 50-80 age group, expressed reservations. The reasons for both agreement and disagreement with the qanun are detailed through the lenses of authorisation, moral evaluation, rationalisation, and mythopoesis.
Authorisation is the legitimacy that is established by citing authority figures, such as legal frameworks, traditions, or customs. The strategy of authorisation emerged in two key themes: the Acehnese's knowledge of Qanun Putroe Phang and its application within families.
4.1.1. The Acehnese's knowledge of Qan un Putroe Phang
The strategy of authorisation was evident in the public's knowledge of Qanun Putroe Phang. At the beginning of the interviews, 22 participants aged 20-45 stated they had never heard of this qanun, while 7 had some awareness. Conversely, all 21 interviewees aged 50-80 were familiar with the qanun. However, after the researcher provided additional information, 43 interviewees realised they had heard of the qanun's provisions but did not know its name or fully understand its systems. Only 7 interviewees, aged 20-45, learned about it for the first time during the interview. A female informant, a lecturer from North Aceh, stated:
(1) 'This qanun is the result of deliberation among scholars based on the advice of Putroe Phang, a queen from Sultan Iskandar Muda who was brought back from Pahang, Malaysia, after Sultan Iskandar Muda conquered the kingdom. So why should we follow the advice of Putroe Phang? It's because the Princess of Pahang in the Darud Dunia palace was not only a queen but also an advisor to her husband, Sultan Iskandar Muda' (F10, female, 36 years old, lecturer, North Aceh).
Another informant, a female civil servant from Aceh Besar, mentioned:
(2) 'I don't know much about this qanun, but if this qanun protects women, then it would be very good to apply because of the prevalence of cases that harm women, both materially and physically' (F14, female, 28 years old, civil servant, Aceh Besar).
For those who learned about the qanun's name during the interview, a 45-year-old male farmer from Aceh Besar remarked:
(3) 'I had never heard of Qanun Putroe Phang before, but it can be concluded that every woman has the right and opportunity to fight for her respective rights' (M25, male, 45 years old, farmer, Aceh Besar).
These responses illustrate that the authorisation of this qanun is established through both personal and impersonal authority. Van Leeuwen's (2008) authorisation strategy is reflected here as the informants legitimise the qanun by referencing established authority figures (e.g., scholars, the queen) and legal principles. This is evident in the use of phrases like 'results of
deliberation,' 'queen but also an advisor,' 'apply,' 'the right,' 'opportunity to fight,' and 'rights,' which cover aspects of tradition, custom, and legal endorsement. The term 'results of deliberation' suggests outcomes derived from thoughtful consideration, while 'queen but also an advisor' highlights the dual role of Putroe Phang as both a ruler and a counsellor. 'Apply' refers to the implementation of rules from the legal framework, and 'the right' indicates legal entitlements granted by the qanun. 'Opportunity to fight' implies a legal avenue to assert women's and children's rights, and 'rights' directly relate to the protections offered by the qanun. Although many informants (44%) were initially unaware of Qanun Putroe Phang, after receiving information during the interviews, they recognised having heard about it without knowing its name.
4.1.2. Application of Qanun Putroe Phang in families
The strategy of authorisation was also evident in how this qanun was accepted for application within most families. The interviews revealed that 42 informants (26 aged 20-45, and 16 aged 50-80), or 84%, agreed with applying this qanun in their families. For example:
(4) 'Yes. Because this qanun contains regulations that do not burden one party or are fair' (M20, female, 37 years old, civil servant, West Aceh).
A woman from Pidie strongly supported the application of this qanun in her family, noting that all her siblings are female:
(5) 'Yes, because in our family, most of the children are female' (M18, female, 43 years old, housewife, Pidie).
A newly married woman emphasised how this qanun could protect her if her husband had to travel for education or work:
(6) 'Of course, because currently, I am still considered a new-lywed as I have only been married for 8 months. If someday my husband has to seek a living outside the area, I will be more at ease because there is already legal certainty that protects our household' (F14, female, 28 years old, civil servant, Aceh Besar).
These responses demonstrate how terms like 'regulations,' 'legal certainty,' and 'protects' relate to authorisation. These are examples of Van Leeuwen's (2008) 'impersonal authority' sub-strategy, where the qanun is legitimised through reference to abstract principles and regulations rather than personal figures. In the context of Qanun Putroe Phang, 'regulations' refers to established rules believed to protect women and children, 'legal certainty' pertains to the clarity provided by these rules, and 'protects' suggests that the qanun safeguards women's and children's rights. Overall, the informants generally associate authorisation with adherence to established regulations that provide legal certainty and protection for women and children in Aceh.
Nevertheless, potential biases should be considered due to the hierarchical nature of Acehnese society and gender roles. Emphasising historical figures like Putroe Phang may reflect a cultural bias toward legitimising authority through historical and religious narratives, which could overshadow contemporary
by Yunisrina Qismullah Yusuf, Teuku Muttaqin Mansur and Kismullah Abdul Muthalib
'In the context of Qanun Putroe Phang, 'regulations' refers to established rules believed to protect women and children, 'legal certainty'pertains to the clarity provided by these rules, and 'protects'suggests that the qanun safeguards women's and children's rights. Overall, the informants generally associate authorisation with adherence to established regulations that provide legal certainty and protection for women and children in Aceh'
critiques of traditional laws. Furthermore, the informants' acceptance of the qanun after receiving information during the interview may indicate response bias, where participants align with perceived cultural norms or the interviewer's expectations.
4.2. Moral evaluation
Through moral evaluation, legitimation is achieved by making explicit or implicit references to value systems and utilising methods such as comparison, evaluation, or abstraction. This section analyses the informants' positive and negative views of the qanun.
4.2.1. Advantages
Several advantages of Qanun Putroe Phang were highlighted by the informants:
(7) 'It is very good for maintaining family integrity and instilling a sense of responsibility in men towards their families, as well as ensuring the well-being of wives and children in case something happens to their husbands' (F2, female, 40 years old, teacher, Pidie).
(8) 'In my opinion, the qanun can be used as a means to regulate family policies so that our families can be well-maintained' (M11, male, 27 years old, entrepreneur, South Aceh).
(9) 'If implemented, women and children can be provided with protection and defence in the event of domestic violence, as an example' (F21, female, 37 years old, teacher, North Aceh).
These responses reflect moral evaluations within the context of Qanun Putroe Phang. They emphasise the qanun's positive moral attributes and societal benefits. According to Van Leeuwen's (2008) strategy of moral evaluation, the qanun is legitimised by associating it with positive values such as family integrity, responsibility, and protection from harm. In response (7), the focus is on the qanun's impact on 'family integrity' and the sense of 'responsibility' it instils in men. Statement (8) views the qanun as a means to regulate family policies, suggesting it contributes to family well-being and order. Response (9) extends the moral evaluation to protection against domestic violence, highlighting the qanun's potential to safeguard vulnerable members of society. Overall, the informants generally view Qanun Putroe Phang positively in the context of family and community life. It is seen as a means to improve individual ethics and behaviour and foster responsibility in men towards their
families. The qanun is considered valuable for maintaining family integrity, reducing conflicts with extended family, and protecting the rights and obligations of both husbands and wives.
4.2.2. Disadvantages
Despite the overall positive feedback, 8 informants (3 aged 20-45, and 5 aged 50-80), or 16%, expressed reservations. They did not outright reject the qanun but noted that its application should be 'adjusted to the family situation' (F23, female, 35 years old, tailor, West Aceh) or applied 'perhaps to a small part of these rules' (M4, male, 30 years old, civil servant, Pidie). One concern voiced was:
(10) 'If we have to spend time on such a big job like this from the beginning of our marriage, when can we enjoy our lives? We seek a living to build a home for our children. What about us who also want to enjoy our homes and outings? This is a heavy burden' (F30, female, 30 years old, civil servant, North Aceh).
Notably, among the 29 female informants, 2 disagreed, while 6 out of 21 male informants expressed disagreement. Male informants' concerns included:
(11) 'What if, for example, I don't have enough money to provide a place to live for my daughters when they get married later? It's burdensome for me to apply it in my family' (M31, male, 50 years old, farmer, Aceh Besar).
These responses highlight a diversity of moral evaluations regarding Qanun Putroe Phang. While most informants expressed agreement or positive sentiments, 16% voiced concerns about the perceived burdens of the qanun's regulations, particularly regarding daily life and personal freedom. One female informant emphasised the challenge of balancing family responsibilities with personal enjoyment, while male informants raised issues related to financial burdens, such as providing for their married daughters. This variation suggests that moral evaluations of the qanun are influenced by individual circumstances, views on family life, and perceptions of personal freedom and financial responsibility.
Although responses highlight positive aspects, they may be influenced by societal norms valuing traditional gender roles. The emphasis on family integrity and men's responsibility could reflect a bias towards patriarchal values, potentially overlooking critiques that the qanun reinforces unequal power dynamics. Additionally, informants' positive views might be shaped by a desire to align with socially accepted norms during interviews, suggesting potential response bias.
4.3. Rationalisation
Rationalisation involves legitimisation by referencing the objectives, methods, and consequences of institutionalised social actions, or by aligning with societal knowledge to provide cognitive validity. The interview results reveal informants' rationalisations regarding the application of Qanun Putroe Phang in their families. This rationalisation is categorised based on knowledge of or educationin the qanun's principles and objectives, and the social dynamics within contemporary Acehnese society.
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'Although responses highlight positive aspects, they may be influenced by societal norms valuing traditional gender roles. The emphasis on family integrity and men's responsibility could reflect a bias towards patriarchal values, potentially overlooking critiques that the qanun reinforces unequal power dynamics. Additionally, informants' positive views might be shaped by a desire to align with socially accepted norms during interviews, suggesting potential response bias'
4.3.1. Knowledge or education about the qanun's principles and objectives
Most rationalisations were voiced by male informants aged 20-45, while those aged 50-80 generally accepted the qanun without additional rationalisations:
(12) 'Lack of understanding of the qanun itself and requires more time to teach it to other family members' (M3, male, 31 years old, civil servant, South Aceh).
(13) 'Not everyone understands and agrees. If the implementation is not by the applicable provisions just because it has to be resolved within the family, it will still harm women' (M5, male, 34 years old, doctor, Pidie).
Although the majority of informants agreed, some emphasised the importance of education and public awareness, suggesting that individual understanding could address many issues without relying solely on regulations:
(14) 'Hm, it needs to be studied again and surveyed whether this regulation is useful for the youngest or oldest generation. We must pay attention to the next generation, not the previous generation. Because the next generation, who are still young, must be re-surveyed whether it is useful for them or not.'
According to Van Leeuwen's (2008) rationalisation of legitimation, these responses reflect diverse perspectives on understanding, agreement, and perceived shortcomings of the qanun. Response (12) indicates that insufficient knowledge about the qanun's principles and objectives might hinder rationalisation. Response (13) highlights the need for socialisation efforts to educate the public about the qanun's provisions and their implications, particularly for today's families.
4.3.2. Social dynamics
Concerns were raised about the varying levels of understanding and agreement with the qanun, emphasising the importance of proper implementation to avoid harm. Despite overwhelmingly positive views from female informants, with only a few dissenting voices, some responses suggest potential impacts on social dynamics:
(15) 'Women feel superior' (M13, male, 28 years old, farmer, South Aceh).
Almost all female informants (27 out of 29) reported no shortcomings of the qanun, except for two informants, one of whom said:
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(16) 'Men feel insecure' (F23, female, 35 years old, tailor, West Aceh).
Response (16) introduces a potential consequence of the qanun that could impact social dynamics and perceptions of gender roles. These responses reflect various perspectives on the qanun, indicating that while the majority support it, there are concerns about its impact on gender dynamics and personal perceptions. Van Leeuwen's (2008) rationalisation of legitimation highlights the importance of considering these diverse views.
The informants' rationalisations may be influenced by generational shifts and gender biases within Acehnese society. Older informants' acceptance might reflect traditional values, while younger ones may show more critical perspectives due to modern education. Female support could indicate conformity to norms rather than unbiased evaluation, revealing potential tensions in gender. The qanun, though well-intentioned, might inadvertently reinforce gender stereotypes or create new inequalities without broader societal changes.
4.4. Mythopoesis
Mythopoesis involves legitimising the qanun by embedding it within narratives, such as moral or cautionary tales, that align with local wisdom and legal policy. The analysis of informants' responses reveals strong support for Qanun Putroe Phang, particularly for its role in protecting women and children. Respondents generally viewed the qanun as a legal foundation that ensures fair and equitable resolution of cases and noted that it does not contradict the 1945 Constitution or religious norms.
(17) 'This qanun does not contradict the 1945 Constitution and religious norms' (M4, male, 30 years old, civil servant, Pidie).
Many informants supported the qanun because they believed it would uphold the dignity of women and provide protection for children in the modern era, who may face various forms of injustice. Some highlighted the qanun's alignment with Islamic values and the historical precedent set by Aceh during the time of Sultan Iskandar Muda.
(18) 'In-depth, I don't know the contents of Qanun Putroe Phang, but I strongly agree if this qanun is established as the basis of local wisdom and the foundation of legal policy in protecting women and children in the province of Aceh because we all know about the history of the kingdom of Sultan Iskandar Muda, which was very advanced in all fields in its time, where Qanun Putroe Phang was one of the legal sources at that time' (F2, female, 40 years old, teacher, Pidie).
(19) 'Agree. Because each region has different customs from other regions. So, for Aceh, it would be better if the law is based on the qanun that has been formulated by the Acehnese because surely the law is by the customs and habits of the Acehnese people (byAcehnese traditions)' (F20, female, 37 years old, civil servant, West Aceh).
The responses suggest that the legitimisation of Qanun Pu-troe Phang is supported through narratives that emphasise its alignment with constitutional principles, religious norms, and
by Yunisrina Qismullah Yusuf, Teuku Muttaqin Mansur and Kismullah Abdul Muthalib
'The informants' rationalisations may be influenced by generational shifts and gender biases within Acehnese society. Older informants' acceptance might reflect traditional values, while younger ones may show more critical perspectives due to modern education. Female support could indicate conformity to norms rather than unbiased evaluation, revealing potential tensions in gender. The qanun, though well-intentioned, might inadvertently reinforce gender stereotypes or create new inequalities without broader societal change'
local wisdom. Response (17) reflects agreement based on the qanun's compatibility with the 1945 Constitution and religious norms. Response (18) invokes the historical narrative of Aceh's advanced kingdom under Sultan Iskandar Muda, presenting Qanun Putroe Phang as a historically significant legal source. Response (19) emphasises the importance of aligning laws with Acehnese traditions, reinforcing the narrative that regional laws should be culturally relevant. These narratives play a crucial role in fostering support for the qanun.
However, it is crucial to critically assess these narratives, as they may idealise Aceh's history and overlook the complexities of applying past precedents to modern society. This perspective might ignore diverse viewpoints and obscure tensions between traditional and modern legal frameworks. The qanun may serve not only as local wisdom but as a tool for shaping social norms, necessitating further research and dialogue to ensure inclusive implementation.
5. DISCUSSION
The findings from this research offer perspectives on the acceptance and understanding of Qanun Putroe Phang among the Acehnese people. The high level of agreement (86%) among interviewees reflects substantial support for the qanun, indicating that its principles resonate with contemporary Acehnese values, especially regarding the protection and rights of women and children.
The authorisation of Qanun Putroe Phang is evident through public knowledge and acceptance of its principles. Initially, there was a notable lack of awareness among younger participants, with 22 out of 29 aged 20-45 unfamiliar with the qanun. However, post-interview, 43 interviewees recognised the rules, albeit previously unaware of their official designation. This shift highlights the importance of dissemination and education regarding traditional laws to enhance public understanding and compliance (Suhadah et al., 2021). The responses highlight the qanun's legitimacy through historical figures such as Putroe Phang and its relevance in contemporary society, particularly in maintaining family integrity and safeguarding women's and children's rights.
The moral evaluation revealed a consensus on the positive impact of Qanun Putroe Phang. Informants emphasised its role in promoting family stability, instilling responsibility in men, and
protecting vulnerable family members and aligning with societal values of justice and protection (Ayassrah & Alidmat, 2023). However, the 16% dissenting voices, primarily from older males, raised concerns about practical burdens imposed by the qanun, including financial strains and perceived infringements of personal freedoms. This suggests a need for more flexible or supportive measures to address these concerns while preserving the qanun's core protective functions.
Rationalisation of Qanun Putroe Phang varied across demographics. Younger males (20-45) expressed a need for more education about the qanun's principles, indicating a gap in public knowledge that could hinder effective implementation. In contrast, older participants found the qanun inherently logical and had fewer rationalisations. To maintain cultural values, enhancing community engagement is essential (Suhadah et al., 2021). The concerns about understanding and implementation highlight the need for comprehensive educational campaigns and socialisation efforts to ensure the qanun is not only accepted but also effectively integrated into daily life.
Mythopoesis emerged strongly in the participants' narratives, with many aligning the qanun with Acehnese historical and cultural identity. References to the advanced legal system during Sultan Iskandar Muda's reign and the alignment with Islamic values and the 1945 Constitution strengthen the qanun's legitimacy. This cultural and historical grounding provides a compelling narrative that strongly supports the qanun's acceptance and implementation, indicating that leveraging these narratives can significantly enhance the acceptance of traditional laws in contemporary settings. Furthermore, Prabandani (2011) notes that customary law in Indonesia continues to be constitutionally acknowledged.
Aceh's socio-political environment, deeply rooted in traditional laws and Islamic principles, has been reinforced by the region's special autonomy status following the 2005 Helsinki MoU (Memorandum of Understanding), which integrated Sharia law into the local legal framework (Ronnie, 2016). This context has enabled the preservation and active implementation of laws like Qanun Putroe Phang, which functions as both a legal and cultural instrument. The qanun's acceptance reflects the relationship between traditional values and modern legal structures in Aceh, where laws are viewed through cultural and religious lenses. However, acceptance is not uniform across all demographics, highlighting the complexities of applying such laws to a diverse population. Addressing potential challenges may require an approach that balances traditional values with contemporary needs, ensuring the qanun remains relevant in a changing sociopolitical context. As Aceh navigates its post-conflict identity and autonomy, integrating traditional laws like Qanun Putroe Phang stresses the region's commitment to cultural heritage while addressing modern social issues. To ensure successful implementation, measures such as financial support, legal education, and community outreach programmes may be necessary to bridge the gap between traditional customs and modern legal practices, promoting a more cohesive and inclusive society.
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The implications of these findings for policy and practice are multifaceted. The strong authorisation of Qanun Putroe Phang suggests it could serve as a model for developing or revising other local laws in Aceh aimed at protecting women and children. Policymakers could influence the cultural and historical narratives that align with the Acehnese people to introduce similar qanuns addressing other aspects of family life or social justice. Additionally, the findings indicate a need for proactive educational campaigns and socialisation efforts focusing on raising awareness and providing practical guidance on implementing the qanun. This could include supportive measures such as financial assistance programmes or community-based initiatives to help families comply with the qanun's requirements without feeling overburdened.
6. CONCLUSION
This research contributes to the field of legal linguistics by analysing the language and linguistic features of Qanun Putroe Phang and examining how these elements influence the rights, protection, and interpretations related to women and children within Aceh's legal system. The focus is on understanding various perspectives regarding the implementation of this legal framework in contemporary society. Employing Van Leeuwen's (2008) strategies for legitimation, this study has gathered insights and opinions from individuals in Aceh on the qanun's significance, potential benefits, negative impacts, and its alignment with cultural and religious values. Many informants expressed strong support for the qanun, believing it can effectively protect the rights and well-being of women and children in Aceh. They
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ACKNOWLEDGEMENTS
We gratefully acknowledge the funding support provided for this research by Lembaga Penelitian dan Pengabdian kepada Masyarakat (Institution for Research and Community Service), Universitas Syiah Kuala, grant number 80/UN11.2.1/PT.01.03/ PNBP/2023.
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Yunisrina Qismullah Yusuf ORCID 0000-0002-7187-5117 и [email protected] Universitas Syiah Kuala, Indonesia
Teuku Muttaqin Mansur
ORCID 0000-0002-4927-9650 и [email protected] Universitas Syiah Kuala, Indonesia
Kismullah Abdul Muthalib ORCID 0000-0002-7063-344X и [email protected] Universitas Syiah Kuala, Indonesia
