The formulation of a criminal should rely on appropriate criminal law principles and policies. For example, about the type of punishment and criteria of the offender. In Qanun Aceh Number 6 of 2014, some formulations of criminal provisions are distinguished between hudud and ta'zir punishments. This distinction of punishment is based on direct-performers (drinkers of khamar) and non-direct performers such as; providers, producers, sellers, promoters, and deeds participate in other khamar fingers. A legislation made by the government with the legislature is always expected to give a sense of justice in society. This sense of justice is one of the goals of a legislation and punishment, in addition to other objectives of legal certainty and expediency. justice must be positioned as an absolute state that must be realized by the law. But behind the hope of justice is often also a complicated issue, sometimes the result of a legislative product actually creates imbalances in society. For that reason, the formulation of qanun and / or legislation should pay attention to criminal law policy