ANALYSIS OF ABSOLUTE COMPETENCE OF DISTRICT COURTS AND SYARI’AH COURTS IN ADJUDICATING JARIMAH OF CHILD SEXUAL ABUSE IN ACEH

Rosmawardani Muhammad

doi:10.22373/petita.v5i2.103

ANALYSIS OF ABSOLUTE COMPETENCE OF DISTRICT COURTS AND SYARI’AH COURTS IN ADJUDICATING JARIMAH OF CHILD SEXUAL ABUSE IN ACEH

Petita Jurnal Kajian Ilmu Hukum dan Syariah ◽

10.22373/petita.v5i2.103 ◽

2020 ◽

Vol 5 (2) ◽

Author(s):

Rosmawardani Muhammad

Keyword(s):

Sexual Abuse ◽

Child Sexual Abuse ◽

Government Regulation ◽

Empirical Method ◽

District Court ◽

Young Offenders ◽

District Courts ◽

Rules And Principles ◽

Law Enforcement Officials ◽

New Policies

The District Court and Syari’ah Court (Mahkamah Syar’iyah) jurisdictions to deal with child sexual abuse cases have still overlapped. This issue generates legal uncertainty in the enforcement of Jinayat Law in Aceh. This study aims to analyze the resolution patterns over child sexual abuse cases in Aceh, the resolution patterns over child sexual abuse cases at District Courts, and the efforts to solve dualism issues of the courts in trying child sexual abuse cases in Aceh. This study employed a juridical-empirical method that attempts to analyze behaviors of law enforcement officials in handling sexual abuse cases in Aceh using case and statute approaches based on the rules and principles of law studies. The legal materials utilized in this study were Law, Qanun, Government Regulation, and Syari’ah Court and District Court Decisions. Data were analyzed qualitatively. The findings reveal that both District Courts and Syari’ah Courts still settle sexual abuse cases. The results also point out that the resolution patterns in adjudicating sexual abuse cases at District Courts are categorized into adult offenders and young offenders. The provisions stipulated in the Criminal Procedure Code (KUHAP) are applied for adult offenders, while the Juvenile Criminal Justice System Law is regulated for young offenders. The efforts to overcome dualism are generating new policies by the Supreme Court to delegate the authority to solve sexual abuse cases and other jinayat cases from District Courts to Syari’ah Courts, and the issuance of Memorandum of Understanding (MoU) between Aceh Syari’ah Courts, Aceh Regional Police, Aceh High Prosecutor’s Office, and Aceh High Court governing the authorization limits over the settlement of jinayat cases.

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Penerapan Penjatuhan Hukuman Kebiri Kimia Serta Tata Cara Eksekusinya pada Pelaku Kejahatan Pelecehan Seksual terhadap Anak

Wajah Hukum ◽

10.33087/wjh.v5i1.405 ◽

2021 ◽

Vol 5 (1) ◽

pp. 354

Author(s):

Nashru Nazar Rosyidi ◽

Oci Senjaya

Keyword(s):

Human Rights ◽

Sexual Abuse ◽

Child Sexual Abuse ◽

Rule Of Law ◽

District Court ◽

Chemical Castration ◽

The Rule Of Law ◽

Pros And Cons ◽

The Republic ◽

The Government

Nowadays, there are more and more crimes of child sexual abuse in Indonesia. Children should be protected by the government in order to become the nation's next generation. In 2019, the Mojokerto District Court sentenced the defendant Aris (20) who was convicted of a crime of sexual abuse against a child and this verdict was the first verdict in Indonesia to impose chemical castration on perpetrators of crimes of sexual abuse against children. This writing uses the juridical-normative method which looks at empirical data as a reference for writing this journal. For some parties, chemical castration punishment is considered effective in punishing perpetrators of crimes of child sexual abuse so that it becomes a frightening thing for other perpetrators of sexual abuse crimes. This is included in the category of the theory of the purpose of punishment in order to create order and order in society. Perppu Number 1 of 2016 is the legal basis for the application of chemical castration punishment. However, there are many pros and cons to castration. One of the things that has created contra is contrary to the ratification of human rights. Considering that Indonesia is a state based on the rule of law, which is obliged to protect human rights guarantees as stated in Article 28 I of the 1945 Constitution of the Republic of Indonesia.

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Increasing identity and community awareness in Medan City about victim rights of sexual violence

ABDIMAS TALENTA: Jurnal Pengabdian Kepada Masyarakat ◽

10.32734/abdimastalenta.v4i2.4239 ◽

2019 ◽

Vol 4 (2) ◽

pp. 837-841

Author(s):

Ningrum Natasya Sirait ◽

Rosmalinda ◽

Edy Ikhsan ◽

Mahmul Siregar ◽

Agusmidah

Keyword(s):

Sexual Violence ◽

Government Regulation ◽

District Court ◽

Child Victims ◽

Regional Government ◽

Government Regulations ◽

Rights Of The Child ◽

New Information ◽

Law Enforcement Officials ◽

The Republic

Indonesia currently has Law Number 11 of 2012 concerning the Criminal Justice System for Children (UU-SPPA) to provide protection for children who need special protection such as child offenders, victims and witnesses. In fact, the implementation of the UU-SPPA actually only focuses on children as perpetrators. This not only shows that justice for children is still not upright especially for children who are victims of sexual violence. This is evident from the findings of a study conducted in 2019 entitled "The Effectiveness of the Convention on the Rights of the Child Victims of Sexual Violence". This study found that although Indonesia already has 2 government regulations governing the fulfillment of victims of sexual violence in the form of compensation and or restitution, none of the decisions of the Medan District Court and Lubuk Pakam contain the rights of victims. The decisions of the Medan District Court and Lubuk Pakam throughout 2018 were oriented towards providing penalties for the perpetrators. The two Government Regulations which are guidelines for implementing the Law are (a) Government Regulation of the Republic of Indonesia Number 7 of 2018 concerning Provision of Compensation, Restitution and Assistance to Witnesses and Victims; and (b) Government Regulation of the Republic of Indonesia Number 43 Year 2017 Concerning Implementation of Restitution for Children Who Are Victims of Criminal Acts. These two Government Regulations are the basic ingredients for the implementation of the 2019 Mandatory Servant Lecturer service dedication. This situation is the basis of community service in two districts namely Medan Baru and Medan Sunggal. Law Enforcement Officials (APH) in this case the police and the community not only obtain new information about victims' rights but also increase their awareness to guarantee the rights of children victims of sexual violence are requested in legal proceedings for perpetrators. Furthermore, the Police and the community hope that the information on these two Government Regulations can be continued both by the Regional Government Organization (OPD) and other institutions such as the Civil Society Organization (CSO) in Medan.

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Child Sexual Abuse: Expert Testimony in Swedish District Courts

Child Maltreatment ◽

10.1177/1077559599004004007 ◽

1999 ◽

Vol 4 (4) ◽

pp. 343-352 ◽

Cited By ~ 6

Author(s):

Clara H. Gumpert ◽

Frank Lindblad ◽

Anna Johansson

Keyword(s):

Sexual Abuse ◽

Child Sexual Abuse ◽

Expert Testimony ◽

District Courts

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Malpractice & Negligence: State Supreme Courts Limit Therapists’ Duties to Third Parties

The Journal of Law Medicine & Ethics ◽

10.1017/s1073110500012985 ◽

1999 ◽

Vol 27 (2) ◽

pp. 204-205

Author(s):

Megan Cleary

Keyword(s):

Sexual Abuse ◽

Child Sexual Abuse ◽

Supreme Court ◽

New Hampshire ◽

Third Parties ◽

State Supreme Courts ◽

Recovered Memories ◽

Supreme Courts ◽

Repressed Memory ◽

University Of Colorado

In recent years, the law in the area of recovered memories in child sexual abuse cases has developed rapidly. See J.K. Murray, “Repression, Memory & Suggestibility: A Call for Limitations on the Admissibility of Repressed Memory Testimony in Abuse Trials,” University of Colorado Law Review, 66 (1995): 477-522, at 479. Three cases have defined the scope of liability to third parties. The cases, decided within six months of each other, all involved lawsuits by third parties against therapists, based on treatment in which the patients recovered memories of sexual abuse. The New Hampshire Supreme Court, in Hungerford v. Jones, 722 A.2d 478 (N.H. 1998), allowed such a claim to survive, while the supreme courts in Iowa, in J.A.H. v. Wadle & Associates, 589 N.W.2d 256 (Iowa 1999), and California, in Eear v. Sills, 82 Cal. Rptr. 281 (1991), rejected lawsuits brought by nonpatients for professional liability.

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