Relevance of Aceh's Qanun Jinayat in Minimizing Cases of Sexual Harassment against Children in Aceh

This study aims to describe the relevance of Qanun Number 6 of 2014 concerning Jinayat Law as a legal regulation used to address cases of child sexual Harassment in Aceh. This is considered important because until now cases of child sexual Harassment in Aceh have continued to increase every year. In...

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Main Authors: Wiwin Widiarti, Erika Magdalena Chandra, Rully Herdita Ramadhani
Format: Article
Language:English
Published: LPPM Universitas Muhammadiyah Sorong 2024-11-01
Series:Justisi
Subjects:
Online Access:https://ejournal.um-sorong.ac.id/index.php/js/article/view/3670
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author Wiwin Widiarti
Erika Magdalena Chandra
Rully Herdita Ramadhani
author_facet Wiwin Widiarti
Erika Magdalena Chandra
Rully Herdita Ramadhani
author_sort Wiwin Widiarti
collection DOAJ
description This study aims to describe the relevance of Qanun Number 6 of 2014 concerning Jinayat Law as a legal regulation used to address cases of child sexual Harassment in Aceh. This is considered important because until now cases of child sexual Harassment in Aceh have continued to increase every year. In addition, Aceh is a region that has special regulations that are formed based on Islamic law and customary law. Therefore, the provisions relating to sexual Harassment in Aceh are different from other provincial areas that use the Child Protection Law, the Sexual Violence Crime Law or Law Number 1 of 2023 concerning the Criminal Code. The study was conducted using a sociological legal research method with descriptive analytical writing specifications. The focus of this study is on how the relevance of Aceh Qanun Number 6 of 2014 concerning Jinayat Law is in minimizing the number of cases of child sexual Harassment in Aceh, thus causing this study to be different from previous studies. The results of this study indicate that Qanun Number 6 of 2014 concerning Jinayat Law has not been able to optimally address cases of child sexual Harassment in Aceh. It is because the five factors that influence the effectiveness of the implementation of Qanun Jinayat in Aceh have not been effective until now. The five factors are legal factors, law enforcement factors, facilities and infrastructure factors, community factors and cultural factors. In addition, the provisions of the threat of sanctions contained in Qanun Jinayat when associated with the theory of just desert and the theory of the purpose of punishment in Islamic criminal law are still relatively light so that they have an impact on the unprotection of children's rights as victims and do not provide a deterrent effect for perpetrators.
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institution Kabale University
issn 1979-7532
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language English
publishDate 2024-11-01
publisher LPPM Universitas Muhammadiyah Sorong
record_format Article
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spelling doaj-art-159833f59aaf4cb2b878da8e1ba6ad832025-02-03T11:02:17ZengLPPM Universitas Muhammadiyah SorongJustisi1979-75322686-08212024-11-01111486110.33506/js.v11i1.36703959Relevance of Aceh's Qanun Jinayat in Minimizing Cases of Sexual Harassment against Children in AcehWiwin Widiarti0https://orcid.org/0009-0001-7643-0336Erika Magdalena Chandra1Rully Herdita Ramadhani2Universitas PadjajaranUniversitas PadjajaranUniversitas PadjajaranThis study aims to describe the relevance of Qanun Number 6 of 2014 concerning Jinayat Law as a legal regulation used to address cases of child sexual Harassment in Aceh. This is considered important because until now cases of child sexual Harassment in Aceh have continued to increase every year. In addition, Aceh is a region that has special regulations that are formed based on Islamic law and customary law. Therefore, the provisions relating to sexual Harassment in Aceh are different from other provincial areas that use the Child Protection Law, the Sexual Violence Crime Law or Law Number 1 of 2023 concerning the Criminal Code. The study was conducted using a sociological legal research method with descriptive analytical writing specifications. The focus of this study is on how the relevance of Aceh Qanun Number 6 of 2014 concerning Jinayat Law is in minimizing the number of cases of child sexual Harassment in Aceh, thus causing this study to be different from previous studies. The results of this study indicate that Qanun Number 6 of 2014 concerning Jinayat Law has not been able to optimally address cases of child sexual Harassment in Aceh. It is because the five factors that influence the effectiveness of the implementation of Qanun Jinayat in Aceh have not been effective until now. The five factors are legal factors, law enforcement factors, facilities and infrastructure factors, community factors and cultural factors. In addition, the provisions of the threat of sanctions contained in Qanun Jinayat when associated with the theory of just desert and the theory of the purpose of punishment in Islamic criminal law are still relatively light so that they have an impact on the unprotection of children's rights as victims and do not provide a deterrent effect for perpetrators.https://ejournal.um-sorong.ac.id/index.php/js/article/view/3670relevansi, qanun jinayat, pelecehan seksual
spellingShingle Wiwin Widiarti
Erika Magdalena Chandra
Rully Herdita Ramadhani
Relevance of Aceh's Qanun Jinayat in Minimizing Cases of Sexual Harassment against Children in Aceh
Justisi
relevansi, qanun jinayat, pelecehan seksual
title Relevance of Aceh's Qanun Jinayat in Minimizing Cases of Sexual Harassment against Children in Aceh
title_full Relevance of Aceh's Qanun Jinayat in Minimizing Cases of Sexual Harassment against Children in Aceh
title_fullStr Relevance of Aceh's Qanun Jinayat in Minimizing Cases of Sexual Harassment against Children in Aceh
title_full_unstemmed Relevance of Aceh's Qanun Jinayat in Minimizing Cases of Sexual Harassment against Children in Aceh
title_short Relevance of Aceh's Qanun Jinayat in Minimizing Cases of Sexual Harassment against Children in Aceh
title_sort relevance of aceh s qanun jinayat in minimizing cases of sexual harassment against children in aceh
topic relevansi, qanun jinayat, pelecehan seksual
url https://ejournal.um-sorong.ac.id/index.php/js/article/view/3670
work_keys_str_mv AT wiwinwidiarti relevanceofacehsqanunjinayatinminimizingcasesofsexualharassmentagainstchildreninaceh
AT erikamagdalenachandra relevanceofacehsqanunjinayatinminimizingcasesofsexualharassmentagainstchildreninaceh
AT rullyherditaramadhani relevanceofacehsqanunjinayatinminimizingcasesofsexualharassmentagainstchildreninaceh