Optimism to Face the Future among the Convicts of Qanun Jinayah

Executed with Caning Punishment

Haiyun Nisa, Mhd. Ayita Bahar

Department of Psychology, Medical Faculty, Syiah Kuala University

Keywords: Optimism Facing The Future, Convicts of Qanun Jinayah, Caning Punishment.

Abstract: Caning punishment is a form of punishment against perpetrators of violations of Islamic law. Caning

punishment has implications for the psychological and social conditions of convicts which have an impact

on low optimism. An attitude of optimism is one of the positive emotions associated with the future. This

study aimed to find out future optimist among the qanun jinayah convicts who were subjected to caning

punishment. This study used a qualitative method with a phenomenological approach. The sampling

technique was purposive sampling with four respondents convicted of caning punishment. Data collection

methods were interview and observation. The results found that three respondents showed optimism in

facing the future but one did not because of not meeting an aspect of optimism – personalization - by

assuming that the bad events that occurred to him were due to himself. The study also found that optimism

to face the future among convicts of caning punishments was influenced by social support from parents,

siblings and relatives.

1 INTRODUCTION

Aceh is the westernmost province in Sumatera

Island implementing Sharia law. The sharia law is

implemented and legalized because supported by

social-cultural and history of Aceh which used to be

recognized as the center of Islam spread in the

archipelago (Bahri, 2012).

Aceh used to be a great kingdom possessing a

sequence of laws to manage social life. Prior to the

arrival of Dutch to the archipelago, Aceh people had

implemented sharia law. The presence of regional

regulations which are implemented today is not a

new thing, it is rather to re-establish some values

that has long been existing among Aceh people (Ali,

2014). The freedom to implement sharia law in Aceh

makes Aceh unique in term of law enforcement

(Surbakti, 2010).

The legalization by the national government to

implement sharia law was responded by the regional

government by issuing several regional regulations

related to the implementation of sharia law. The

regulations related to the procedures of the

implementation of sharia law emerged qanun Aceh

which could be implemented in kaffah way

(comprehensive). The kaffah implementation is not

only on ibadat (prayer/ritual) but also on all scopes –

from muamalah (commercial and civil acts) to

uqubah (punishment) (Bahri, 2012). Qanun is

defined on article 1 number 21 Law No. 11 Year

2006 on the government of Aceh. “Qanun Aceh is a

regional law regulating governance and civil acts”.

Similarly, Law No. 6 Year 2006 on The

Government of Aceh mentioned that Sharia law

consists of all aspects including Jinayah (criminal

law). Aceh province issued Qanun No. 6 Year 2014

on Jinayah regulating the sharia law implementation

including jarimah (forbidden acts by sharia law),

perpetrator of jarimah and uqubat (the punishment

sentenced by judge to perpetrator of Jarimah). The

acts of Jarimah include khamar (intoxicating drink),

maisir (gambling), khalwat (two people are alone

without marriage bond), ikhtilath (acts such as

kissing between a man and a woman without

marriage bond), adultery, sexual harassment, rape,

qadzaf (Accusing other people of commiting

adultery without providing four witnesses), liwath

(homosexual) and musahaqah (lesbian). Qanun

Aceh No. 6 Year 2014 on Jinayah states that there

are 3 forms of punishment to Jinayah convict i.e.

caning, prison, and fine. A method mentioned above

is caning punishment (Ulya, 2016).

Nisa, H. and Bahar, M.

Optimism to Face the Future among the Convicts of Qanun Jinayah Executed with Caning Punishment.

DOI: 10.5220/0009440801890197

In Proceedings of the 1st International Conference on Psychology (ICPsy 2019), pages 189-197

ISBN: 978-989-758-448-0

189

The implementation of caning punishement in

Aceh is part of the implementation of qanun jinayah

(Aulianshah, 2017). The historical base of caning

punishment is refer to what Rasulullah PBUH and

his companions did. Caning punishment has

religious value because it could repeal the

perpetrator’s sin in afterlife (Danial, 2012). Article 4

of Governor’s Regulation No 10. Year 2005 on The

Procedures of The Implementation of Caning

Punishment mentions that caning punishment is

executed in public area which can be witnessed by

many people and attended by a prosecutor and a

doctor. It is also stated at article 262 of Qanun Aceh

No. 7 Year 2013 on the procedures of Jinayah that

caning punishment is executed in public space and

can be witnessed by people (in Heriansyah, 2017).

Table 1: Data of the convicts of caning punishment in

Aceh (Monitoring Institute for Criminal Justice Reform,

2016).

Violation

The Convicts Total

Male Female

Maisir 259 2 261

Khamar 7 2 27

Khalwat 11 9 20

Ikhtilath 10 11 21

Immoral behavior 7 7 14

Adultery 6 6 12

Sexual harrasment 2 0 2

Total 302 37 339

According to Institute for Criminal Justice

Reform (2017), the data of the convicts of caning

punishment showed that most of the convicts

violated the articles on decency and social norm in

society like khalwat, ikhtilath, immoral behavior,

adultery, maisir, and khamar. The phenomenon is

related to the social norm-violating behaviors

(Faturochman, 1992).

Caning punishment is considered as the most

embarrassing punishment by the convicts, therefore

many the convicts planned and acted to leave their

neighborhood after being executed in front of the

public and returning to their family. That action was

a response to the caning punishment they had

undegone. The execution of the caning punishment

in public also psychologically impacted on the

convicts like being embarrassed, inferior and

doubtful to act in front of society (Anshari, 2017).

In addition, the convicts tended to avoid the

pressure by being over denial hence the emergence

of negative emotions like being anxious, guilty,

angry, sad and desperate which make them less

optimistic to live (Scheier, Carver & Weintraub,

1986). It occurred because the problems and

difficulties that they faced were responded

negatively (Ghufron & Risnawita, 2010). The

presence of negative thought on the convicts

emerged low optimism to live. The thought should

be changed by the convicts to be able to well grow

and be optimistic in facing the future.

According to Ablisar (2014), the implementation

of caning punishment is to embarrass the convict on

what they have violated. After undergoing the

punishment, it is expected that the convict could

return to society without worries and negative

stigma. The caning punishment is expected to cause

only temporary pain, not permanent injury on

particularly the open body part and psychological

condition of the convict due to public execution.

Optimism is a future-related positive emotion.

According to Snyder and Lopez (2002), every

individual with negative thought could suffer from

cognitive distortion on their mind like having

unrealistic thought, being worried, anxious and

stopping attempting to reach the goal.

According to Seligman (in Ghufron & Rini,

2010), optimism on the future is a comprehensive

thought, seeing good things, positive thought,

positive thinking, easily giving a meaning for

oneself. According Scheier, Carver and Weintraub

(1986), optimism on the future encourages an

individual to accept the reality or stressing situation

and attempt to see positive sides of and learn from

what have been experienced.

Seligman (2006) defines optimism as a

comprehensive view, seeing good things which can

give a meaning for an individual and help one

change oneself in the future as well as become

confident to live. An optimistic individual will be

better than one used to be, accepting the reality or

stressing situation and keeping seeing positive sides

and learning from what has happened. Myers (1996)

explains that optimism is a direction to positive life

goals, improves self-confidence to be more realistic

and eradicate fear inside an individual. Optimism

could determine an individual in living, solving

problems and accepting changes in both success and

life difficulties.

According to Seligman (2006), an individual

with optimism can be seen with certain aspects, as

follows:

 Permanency is related to time -

permanent/constant or temporary. An

optimistic individual thinks good event has

permanent cause. An optimistic individual also

ICPsy 2019 - International Conference on Psychology

190

thinks that bad event happens to him is

temporary.

 Pervasiveness is related to individual’s specific

and universal explanation about an event

happening to one. An individual with universal

explanation about failure will give up on the

condition, while an individual with specific

explanation becomes weak in a part of life,

however one survives in other parts of life. An

optimistic individual has specific explanation

about a problem thus one only becomes weak

at part where the problem is present.

 Personalization is related to cause of an event

experienced by an individual namely internal

(oneself) or external (other people). When bad

things occur, an individual could blame

oneself, others or conditions. A self-blamming

individual during failure moment will suffer

from low self-esteem as the consequence. An

optimistic individual tends to blame bad event

happens to oneself in external neighborhood.

An external event-blaming individual does not

lose self-esteem in onself when bad events

happen.

2 RESEARCH METHOD

This study was qualitative with phenomenological

approach. Sampling technique was purposive

sampling with 4 convicts who had been executed

with caning punishment. Data collecting methods

were interview and observation.

This study used credibility which can be done

practically by documenting the data

comprehensively and orderly. The researchers

collected the interview recordings and observation

document, and wrote the transcription completely.

The researchers also documented the consent of the

respondents to take part in this study in an informed

consent letter, the researchers later underwent an

expert review with three experts – three lecturers

with psychology qualification – in order to be

directed and guided in conducting the research. The

researchers also checked and re-checked the data by

testing the possibilities and the allegations. The

researchers conducted data triangulation process to

Sharia Court through online Aceh Sharia Court in

order to obtain additional information related to

caning punishment undergone by the respondents.

3 RESULT AND DISCUSSION

The respondents of this study were four convicts of

qanun jinayah who were executed with caning

punishment, they were MR, DS, AF and ZL. The

four respondents were sentenced guilty because of

violating Sharia law in Aceh namely maisir

(gambling) and ikhtilath. MR, AF and ZL violated

qanun on maisir, while DS violated qanun on

ikhtilath. MR and DS were executed with 7 times

caning while AF and ZL were executed with 6 times

caning.

 Respondent 1 (MR)

MR was 23-year-old. MR was a student in a

university in Banda Aceh who was on doing

his final assignment (mini thesis). MR told the

chronology of his arrest after Eid Al-Fitr. MR

was playing cards with 6 friends by betting

some money. MR was not aware that his action

was watched by the police. MR was arrested

and taken to the police station. MR had been

prisoned for a month before being punished.

Previously, MR had gambled several times

by betting some money, MR said that he did

small bet that made he think that he would not

be caught by the police. MR was sentenced to

violate qanun jinayah on maisir (gambling)

and had to undergo caning punishment. He was

executed 7 times caning after reducing a month

in the prison.

It was a difficult time for MR because he

felt embarrassed to the neighborhood and

especially to his parents. His friends also made

a joke about his punishment. After punishment,

he should have stayed at home for a week

without going outside because he was

embarrassed that people know about his caning

punishment. MR said that his action had been

embarrassing his family. However, MR

considered that the caning punishment made a

deterrent effect on him to not do it again

(gambling). MR also thought that caning

punishment became a lesson for him to change

himself in the future and realized that what he

had done was wrong because of violating

sharia law in Aceh.

 Respondent 2 (DS)

DS was a student in a university in Banda

Aceh. DS was 21-year-old and on her study.

Besides being a student, she was also working

part time in a restaurant in Banda Aceh. She

lived together with her friend in a rented room

Optimism to Face the Future among the Convicts of Qanun Jinayah Executed with Caning Punishment

191

near by the campus. DS had a boyfriend who

also was a student. DS said that she had had

relationship with her boyfriend for 2 years. DS

was punished with caning because of violating

sharia law on ikhtilat in Aceh.

DS told about her case that at that Friday

night, 01.00 WIB, her boyfriend came to her

place to hand her a laptop. Later on, some

people knocked the door and after being

opened the people asked his boyfriend to get

out, and then DS called out her boyfriend

hiding at the back of the house and they were

later carried to the mosque to interrogate. After

being interrogated, DS and her boyfriend were

brought to keucik (head of village) and keucik

asked them to bring their parents to solve the

problem. DS replied that their parents were

impossible to come right away because they

lived out of Banda Aceh city. Later on, DS and

her boyfriend were picked by civil service and

sharia police to responsible for their deed.

After a month in Sharia police office, they

were brought to the prison while waiting the

court decision on what they had done.

Sharia court sentenced DS and her

boyfriend guilty because of violating qanun

jinayah on ikhtilath and punished 7 times

caning. Previously, DS would be punished 30

times however it was finally reduced to 7 times

after a court process because DS and her

boyfriend did not commit adultery but

ikhtilath, therefore DS did not get punished 30

times caning.

After being punished, DS was afraid of the

punishment happened again and DS felt

ashamed to her neighborhood. Moreover, DS

said that she did not want to continue her study

after being punished and she felt that she had

made her parents disappointed because her

parents first knew DS went to study not to have

a relationship with a man until being punished

that made them ashamed.

 Respondent 3 (AF)

AF was 24-year-old man. He is the first child

of three siblings. He worked as a farmer. AF

told that he was at first time gambling when

caught by the police. At the moment, AF just

graduated from senior high school and hoped

to continue his study to university. Previously,

AF had not thought that he would be caught by

the police on what he had done.

The incident occured at 10.00, at the

moment AF and his friends played cards by

betting some money. AF and his friends

violated qanun jinayah on maisir (gambling).

AF explained that the police turned out as

civilian in disguise which made AF and his

friends unaware. After being arrested, AF and

his friends were immediately brought to Police

Resort to undergo punishment process.

After being arrested, AF and his friends

were brought to the prison. Furthermore, they

had been prisoned for 2 month before

undergoing caning punishment. AF violated

qanun jinayah on maisir (gambling). AF was

caned for 6 times after reducing his prison

time.

AF became so ashamed and inferior due to

his behavior especially to his family and

friends, so that AF did not want to go outside

for several weeks, he even decided to go away

from home for several months. AF thought that

he had made his parents disappointed,

previously he had been known as a good

person and had not been exposed to negative

influence. AF had ever hidden his punishment

from his family in order to make his parents

not know, however there were other people

told about his punishment to his family. AF felt

so guilty, sad and cried at that time because he

had made his family embarrassed.

 Respondent 4 (ZL)

At that time, ZL was 47-year-old. ZL was a

farmer in his village. He was head of his family

with a wife and two children. ZA told that he

used to played cards by betting some money

(gambling). ZL thought that the habit of

gambling was his hobby because he did it

almost every day. ZL said that he had done it

since he was young, even he did that after

getting married and having children. ZL felt

happy by doing gambling.

His gambling habit made ZL arrested by the

police and punished with caning. ZL told that

at that moment he and his friends was

gambling in football field. He and his friend

was being observed by the police, and right

after that, he got caught while gambling. Later

on, ZL was brought to the police office and had

been prisoned for about 2 and a half months

before being sentenced to caning punishment.

ZL was proven violating qanun jinayah on

maisir (gambling) and sentenced to caning

ICPsy 2019 - International Conference on Psychology

192

punishment for 6 times after reducing his

prison time.

After undergoing caning punishment, ZL

felt ashamed to his neighborhood and family.

ZL realized that what he had done was a

mistake. So that he did not want to do it

anymore. According to ZL, caning punishment

affected him in a good way because he stopped

gambling after the caning punishment. It also

made him work harder to provide his wife and

children. ZL thought that caning punishment

make him better.

There were four respondents involved in

this study, they were the convicts of qanun

jinayah who were punished by caning. The

general descriptions of the respondents as

follows:

Table 2: General Descriptions of the Respondents.

Description Res

ondents

MR DS AF ZL

Sex Male Female Male Male

Age 23-

Year-

Old

21-

Year-

Old

24-

Year-

Old

47-

Year-

Old

Occupation Stude

Student Farme

Coffee

Farmer

Education Senior

High

Schoo

Senior

High

School

Senior

High

Schoo

Junior

High

School

Marriage

Status

Single Single Single Married

Type of

Violation

Maisir

(gamb

ling)

Ikhtilath Maisir

(Gam

bling)

Maisir

(Gambli

ng)

Total

Caning

(times)

Times

Several studies explain about the immediate

reactions of the convicts after undergoing caning

punishment, one of which is the study by Anshari

(2017) stating that the convicts’ observable behavior

is embarrassment, inferiority and hesitation to make

a decision in neighborhood. It should be changed by

the convicts in order to re-develop healthily and be

optimistic in facing the future. According to

Seligman (2006), the optimistic individual produces

a better thing than what one did previously, accepts

the reality or the situation that pressure one, tries to

see positive thing and learns from what has been

experienced.

The interview result showed that the four

respondents - MR, DS, AF and ZL – considered the

caning punishment as the concequence of what they

did and as the lesson to fix themselves better. Shofia

(2009) says that optimism will make an individual

learn to be more realistic in seeing an event and the

future and optimism helps an individual face the

difficulty of life. It will direct an individual to be

optimistic to face the future. MR thought that the

caning punishment that he experienced was the

lesson to fix himself and gave him a deterrent effect

to not redo what he had done. DS saw the caning

punishment as a consequence which emerged the

extraordinary embarrassment. DS rose up and

considered the caning punishment as the lesson to

fix herself in the future. AF considered the caning

punishment as the lesson to fix himself and became

optimistic to live with hope to make his parents

proud. ZL considered the caning punishment as a

consequence of what he did and he focused on

working to provide his wife and his children.

There are three aspects of future-facing

optimism, permanency, pervasiveness and

personalization. Permanency is related to time,

permanent or temporary (Seligman, 2006). MR

stated that after being punished with caning, he

became ashamed and inferior, DS stated that after

being punished with caning she was afraid, AF said

that he became ashamed and inferior after being

punished, and ZL also said that he was ashamed

after being punished. According to Maulana and

Handayani (2015), the convict wants a change to be

better in one’s life, has an optimism to achieve a

goal and gets encouraged to live. MR thought that

psychological effect of the caning punishment was

temporary because at the present he lived as usual

like before being punished, DS rose up and did not

give up, AF felt optimistic in living, and ZL rose and

more priotized his future life. According to the

interview of those four respondents, it showed that

the caning punishment only caused the temporary

effect and did not cause permanent effect either

physically or psychologically like shame, inferiority,

and fear. The effect of caning punishment occurs for

several months after the punishment is conducted,

and then the convict becomes normal as usual, and

considers the punishment as the lesson to not repeat

what one has done.

The second aspect is pervasiveness, the

optimistic individual has a specific explanation

Optimism to Face the Future among the Convicts of Qanun Jinayah Executed with Caning Punishment

193

about a problem, so that one only becomes helpless

in the matter of the problem (Seligman, 2006). MR

explained that caning punishment was better than

prison, DS thought that caning punishment was a

lesson for her and other people to not do what she

had done, AF thought that caning punishment as a

bad experience to change himself, moreover ZL

thought what he had done was a mistake and saw

caning punishment as the consequence of his deed.

Pratama and Permadi (2016) state that a convict has

a hope and optimism to welcome a new life after

undergoing a punishment. MR said that after

undergoing the caning punishment he tried to fix

himself, forgot what had occurred, determined to not

redo his deed and not make his family ashamed for

the second time. DS revealed that after being

punished, she regretted her deed and considered her

parents as the main reason to rise after undergoing

the punishment. AF said that after undergoing

caning punishment, he tried to fix himself and being

encouraged to run his life. ZL decided to not redo

his deed and thought that his children and wife were

the reason for him to rise after being punished.

The third aspect of optimism is personalization, a

cause of an event happening to an individual is

internal “self” or external “other people” (Seligman,

2006). An optimistic individual tends to blame

external “other people” for the bad event happening

to one. According to LeMaistre (dalam, Cahyasari &

Sakti, 2014) in this phase, an individual is

emotionally strong so that one more easily rise

without an excessive fear. During this phase, a

convict perceives that oneself could function and

become useful. Based on the interviews with the

four respondents, MR showed that he blamed

himself as the consequence of his mistake and

blamed other people who reported what he had done

thus he was punished. In addition, DS blamed other

people on the caning punishment she suffered from

because she thought she did not do it (adultery) like

the people accussed her, she rather did ikhtilath. AF

blamed himself on violating qanun jinayah and also

blamed others who reported his deed thus he was

punished. ZL said that the caning punishment was

caused by his mistake violating Sharia law.

Optimism in an individual is also influenced by

several factors like social support, self-confidence,

self-esteem and experience accumulation. According

to Taylor, Peplau and Sears (dalam Anshari, 2017)

state that social support is believed to be able to

strengthen an individual in facing stress and trauma,

to develop positive spirit to face the problem. The

respondents of this research obtained the social

support from their parents, brothers and relatives.

MR stated that he was socially supported by his

family to have spirit in running his life and rise

again after undergoing the caning punishment. DS

also obtains social supports from her family, friends,

and lecturers to have spirit to run her life and

continue her study which was stopped because of the

caning punishment. AF obtained social supports

from his family and friends to keep optimistic in

running his life. ZL obtained social supports from

his family – his wife and his children – to keep

strong in running his life because he was responsible

to provide his wife and children.

According to a research by Ekasari and Susanti

(2009), the convicts’ optimism levels were high

even though their status were the convicts, they kept

thinking positively, having future target and

attempting to fix themselves. MR conveyed that he

tried to fix himself to be better after being punished.

DS told that she regretted what she did because it

made her family ashamed, she also made a promise

to fix herself and not do it (ikhtilath) anymore. AF

felt deterrent and regretful because he made his

parents disappointed, he also considered the caning

punishment as the lesson. ZL thought that the caning

punishment made him fix himself and not do what

he used to do before the punishment (gambling).

According to Adilia (in Prayitno & Ayu, 2017)

optimism on the future is a strong hope that

everything related to life can be done in a good way.

Based on the aspects and the factors that

influence optimism facing the future above, the four

responsents stated that they felt embarrassed,

inferior, and fear. Moreover, the respondents also

mention about the rise of deterrence to redo their

actions on violating qanun jinayah. The presence of

social supports from family and neighborhood

affected the respondents’ spirit to rise again after

being punished with caning and they promised to fix

themselves as well as considered the caning

punishment as the lesson for them to not do it

anymore. The four respondets showed their desire to

transform by accepting the caning punishment as the

consequence and fix themselves.

According to Myers (1996), optimism as a

direction and a positive life goal in running the life

both in facing problems and having life difficulties.

According to the analysis result and the discussion

explained above, it can be seen that optimism in

facing the future existed on three respondents - MR,

DS and AF, while ZL was said not optimistic

because he did not meet one ascpect of optimism –

personalization – by thinking that the bad event

happening to him is caused by himself. According to

Snyder and Lopez (2002), an individual with

ICPsy 2019 - International Conference on Psychology

194

optimism is one who wishes good things happen to

him, while an individual with no optimism wishes

bad things happen to him. MR said that

psychological effect of the caning punishment was

temporary (permanence), changed the mindset to not

redo the action (pervasiveness), and blamed oneself

and other people on the caning punishment he

underwent (personalization). The caning punishment

did not make DS give up to run her life

(permanence), the caning punishment was a lesson

for DS and other people to not do the same action

(ikhtilath) (pervasiveness) and DS thought that other

people were responsible for the caning punishment

suffered by hter (personalization). It could be seen

that the effect of the caning punishment on AF was

temporary (permanence), AF was optimistic in

running his life (pervasiveness) and AF blamed

himself and other people (personalization). ZL rose

up and was encouraged after being punished

(permanence), he prioritized his future life and

focused on providing his family (pervasiveness). ZL

blamed himself on the caning punishment he

suffered (personalization).

Study about optimism to face the future among

the convicts of qanun jinayah who were sentenced

to the caning punishment was sensitive to be

revealed, therefore for about three month the

researcher conducted the study, the researcher

experienced the difficulties in facing the

respondents. The limitations of this study was the

difficulty to find respondent, made the schedule and

decided the place to meet respondent, besides the

respondents were distant hence the need of more

cost to see them out of area. In addition, the

researcher was limited to collect the deeper data

from the respondents, therefore the result needs to be

completed in the future study.

4 CONCLUSION

The result showed that MR, DS and AF were

optimistic in facing the future, while ZL was not

optimistic because he did not meet an aspect of

optimism namely personalization, ZL thought the

bad event happening to him was caused by himself.

This study also found that optimism of the future

among the convicts of the caning punishment was

affected by social supports from parents, brothers

and sisters, and relatives.

Based on the result, there are several matters that

the researcher need to say, as follows:

 To the convicts of qanun jinayah

The researcher suggests that the convicts of

qanun jinayah executed with the caning

punishment must not repeat the action that

violates qanun jinayah. This study showed

there was psychological effect after being

punished with caning like being embarrassed,

fear and inferior in the neighborhood thus

affecting the social interaction of the convicts

either in front their friends or their family.

 To family and society

The researcher suggests that after the caning

punishment, the qanun jinayah convicts’ family

and society pay attention on the convicts’

social condition by guiding, educating and

giving positive support in order to direct them

keep away from the behavior of violating

qanun jinayah. This study showed the social

support by the family and the society to help

the convicts rise up and have a spirit to run

their life after the caning punishment.

 To the future research

It is expected to the future researchers who

want to conduct the study on the qanun jinayah

convicts executed with caning punishment to

further explore the psychological condition of

the convicts. If the data are expected to collect

by interview, the location and the time should

be well considered. If conducting the research

with different variable, it is recommended to

future researchers to describe psychological

condition of the qanun jinayah convict

executed with caning punishment.

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