scholarly journals Discourse on the formulation of the Jarimah of sexual violence against children in the Aceh Qanun Jinayat

2021 ◽  
Vol 10 (11) ◽  
pp. e531101120059
Author(s):  
Liza Agnesta Krisna ◽  
I Nyoman Nurjaya ◽  
Prija Djatmika ◽  
Nurini Aprilianda
Keyword(s):  
Law Enforcement ◽  
Sexual Harassment ◽  
Sexual Violence ◽  
Criminal Law ◽  
Child Protection ◽  
Islamic Law ◽  
State Regulations ◽  
The Public ◽  
Violence Against Children ◽  
The Law

The implementation of Islamic law in Aceh is based on the special autonomy and privileges of Aceh. The implementation of Islamic law brings the spirit of formalizing Islamic teachings through formal state regulations, namely the Aceh Qanun. Qanun Jinayat is a regulation that regulates disgraceful acts that should be punished in the teachings of Islamic law or can be referred to as a compilation of criminal law in Aceh. There are ten types of jarimah (criminal acts) regulated in the Qanun Jinayat, two of which are jarimah of sexual harassment and jarimah of rape. During the implementation of the Qanun Jinayat related to the law enforcement of the crime of sexual violence against children, both crimes of sexual harassment and rape have attracted a lot of criticism from the public, this crime is seen as no longer regulated in the Qanun Jinayat because it has been regulated previously and is more complete in the Child Protection Law. The ratio legis for regulating sexual violence against children in the Qanun Jinayat is because this act is seen as a continuation of the act of khalwat. This study shows an inaccuracy in the formulation of the type of jarimah in the Qanun Jinayat and the neglect of horizontal harmonization of national law.

Influential Factors in The Law Enforcement Process of Sexual Violence Cases in Children in The City of Semarang

SOEPRA ◽  
2020 ◽  
Vol 6 (2) ◽  
pp. 4
Author(s):  
Liya Suwarni
Keyword(s):  
Law Enforcement ◽  
Sexual Violence ◽  
Medical Record ◽  
Child Protection ◽  
Influential Factors ◽  
Medical Record Data ◽  
Violence Against Children ◽  
Record Data ◽  
The Law ◽  
The City

Background. Cases of sexual violence increase every year, victims ranging from adolescents, children to toddlers. Based on data from the Indonesian Child Protection Commission, abuse and violence against children in Indonesia in 2013 were 23 cases, in 2014 there were 53 cases, in 2015 there were 133 cases, 2017 reached 1,337 cases, and as of July 2018 there were 424 cases. Purpose. Knowing the factors that influence the law enforcement process of sexy violence cases in Semarang City. Method This study uses descriptive analytical methods for cases of violence against children, based on medical record data in hospitals, documents in Mapolrestabes, the District Attorney's Office and the Semarang City Court for the period of January 2015 to December 2018. Results. Based on research results obtained 213 experimental cases section from medical record data in hospitals in the city of Semarang. Most cases of child abuse occurred in 2018 with 72 cases. Most victims are 12-14 years old age group, female. Most types of cases are cases of intercourse. The majority of violations are persons known as victims, perpetrators not working, and most of the places of occurrence are in the defendant's house. At the time of prosecution and trial, the number of cases was significantly reduced to only 8 cases. Factors related to this include lack of evidence, difficulty in obtaining information from victims, convoluted statements of coverage, lack of election, and obtaining diversion rates. Conclusion Cases of sexual violence have increased from year to year. The process of law enforcement on this problem still has many difficulties in each manufacturing process which is still difficult to overcome.

scholarly journals Law Enforcement in Indonesia in Perspective of Transcendental Legal Justice Paradigm

2020 ◽  
Vol 2 (2) ◽  
pp. 100-114
Author(s):  
Siti Kasiyati
Keyword(s):  
Law Enforcement ◽  
Islamic Law ◽  
Secondary Data ◽  
Legal Certainty ◽  
Normative Study ◽  
Human Welfare ◽  
The Public ◽  
Literary Research ◽  
Substantive Justice ◽  
The Law

Law enforcement in Indonesia still leaves various problems, especially regarding the sense of justice. Such as diffable cases dealing with the law, civil cases, especially in the land sector, which relies on property rights certificates, cases of domestic violence (nusyuz).In this case, this study discusses how law enforcement in Indonesia is, and how law enforcement is in the perspective of the transcendental justice paradigm. This research is a literary research using secondary data sources, namely primary and secondary legal materials. This study includes a normative study with a synthetic analytic approach.Based on the results of the analysis, law enforcement in Indonesia, both criminal and civil, is still fixated on legal certainty, thus ignoring substantive justice. This is where a shift is needed from the paradigm of law enforcement based on legal certainty to transcendent justice. This condition can be seen from several decisions that are very formalistic and based on laws, where legal certainty is the front line compared to substantive justice so that justice is not felt by the public. This condition is also strongly influenced by the legal paradigm adopted in Indonesia, namely positivist law or known as the systemic legal paradigm. Transcendental starts from irrational and metaphysical thinking such as emotions, feelings, instincts, moral spirituality and as part of building science. In this context, law enforcement. The perspective of the transcendental legal justice paradigm highlights how the purpose of Islamic law is useful for justice and human welfare. Where the law is based on ethics (morals) so that it can produce substantive justice, not mere formalistic justice, which summarizes the human attitude to be fair to God as the creator, fair to fellow humans and fair to the universe.

scholarly journals KEBIJAKAN PEMBERATAN PEMIDANAAN PADA PELAKU KEKERASAN SEKSUAL TERHADAP ANAK DALAM PERSPEKTIF TUJUAN PEMIDANAAN

2017 ◽  
Vol 4 (1) ◽  
pp. 1
Author(s):  
Ari Wibowo
Keyword(s):  
Sexual Violence ◽  
Child Protection ◽  
Deterrent Effect ◽  
Violence Against Children ◽  
Second Amendment ◽  
Retributive Theory ◽  
The Law ◽  
Relative Theory

The existence of Law No. 23 of 2002 on Child Protection is part of the state's commitment to protect children. The Law has been amended for the second time through Perpu No. 1 of 2016. The emphasis in this second amendment is to aggravate the punishment of offender of sexual violence against children to provide a deterrent effect and prevent comprehensively the occurrence of sexual violence against children. This study used primary and secondary legal materials, with normative-juridical, policy, and philosophical approaches. This study concluded that punishment regulatin policy in Perpu No. 1 of 2016 reflects the purpose of punishment in the form of a combined theory that compromises between relative theory and retributive theory. While the policy of chemical chemistry regulation as a treatment reflects the purpose of punishment as rehabilitation.

scholarly journals Analysis of State Court Of Batang Decision Number: 4 / Pid.Sus / 2018 / Pn Btg on Felony Obscenity Crime Based On Islamic Criminal Law

2020 ◽  
Vol 2 (4) ◽  
pp. 493
Author(s):  
Bagus Langgeng Prasetiyo ◽  
Gunarto Gunarto ◽  
Munsharif Abdul Chalim
Keyword(s):  
Law Enforcement ◽  
Criminal Law ◽  
Islamic Law ◽  
Law Enforcement Officers ◽  
Public Law ◽  
State Court ◽  
Literature Study ◽  
Child Victim ◽  
Sexual Crimes ◽  
The Public

In the case of sexual crimes where the child victim, the victim could be the driving factors behind crime. For example, we say today is increasingly widespread promiscuity, children have been left free in terms of promiscuity and lack of supervision of their parents, the They were released along with others, go anywhere. So, with their innocence, they could be trapped in one association and exploited by the parties or adults who are not responsible. In such circumstances, the public, law enforcement officers and even a State shall be estimated on the protection and supervision of children, especially where children as crime victims of sexual crimes indeed very concerned and could undermine future portion of the prospective successor to the nation.Therefore, the authors are interested in writing this thesis titled "Analysis of State Court of Batang Decision No. 4 / Pid.Sus / 2018 / PN Btg About felony obscenity According to Islamic Criminal Law".In this study the authors use this type of research descriptive with normative juridical approach. Data were collected by literature study, observation and interviews. Methods of qualitative analysis.At the end of the study authors conclude that the author found consideration of the judge in the imposition of a criminal judgment against the defendant in Decision No. 4 / Pid.Sus / 2018 / PN.Btg compliance, that have noticed the elements of the criminal case, after seeing the Islamic law according to the author was still lacking and not worth the Hadd punishment. So the result rather than the judge's decision according to the author can not be unfair to the accused and the victim.Keywords: Juridical Studies; Felony Obscenity Crime; Islamic Criminal Law

scholarly journals LEGAL PROTECTION FOR CHILDREN AS A VICTIM OF SEXUAL VIOLENCE: ANALYSIS OF THE DECISION OF THE COURT OF SEXUAL VIOLENCE ON CHILDREN UNDER THE AGE OF 2006-2015

2020 ◽  
pp. 1-32
Author(s):  
Siswantari Pratiwi
Keyword(s):  
Law Enforcement ◽  
Sexual Violence ◽  
Legal Protection ◽  
Parental Supervision ◽  
Research Approach ◽  
Child Victims ◽  
The Public ◽  
Violence Against Children ◽  
Criminal Sanctions ◽  
Law Enforcement Officials

Children are often considered to be weak, innocent, and easily deceived, when children are free from parental supervision, they are vulnerable to being victims of sexual violence by immoral people who want to satisfy their sexual desires without thinking about the suffering they have to go through. Various rules have been arranged to protect children, but in reality, sexual violence against children continues to occur, this has led to public unrest, especially parents. For this reason, this study was conducted to find out how much the child victims of sexual violence have the highest priority to get protection in law enforcement practices so far. Data analysis techniques used a normative juridical research approach, and the results of interviews with informants as well as an analysis of court decisions on cases of sexual violence against children, in DKI Jakarta and Bekasi. The research proves that protecting children as victims of sexual violence is not limited to applying criminal sanctions or fines on the perpetrators, but must be accompanied by other protections such as assistance, granting their rights to obtain compensation, restitution, and assistance as mandated by law. Ideally, protection for the victim is given at every examination process until the criminal conviction. This is done to realize fair and beneficial law enforcement for children. The protection of children as victims of sexual violence has not been in favor of the interests of victims, the rights of children as victims such as the provision of compensation, restitution, and assistance to victims have not been implemented properly. This is because there is still a lack of understanding of law enforcement officials and the public about the importance of protecting victims. Therefore, as a protection effort that can be done, it is necessary to build a criminal justice system that is more in favor of the interests of children as victims, as well as improvements to the rules so that it is more in the interests of the victims. As soon as possible the regulation of the law is issued as a guideline for executing sentences so as not to cause controversy in the community. Through the application of sanctions that are just and impartial to the interests of the perpetrators, then justice for the victims will be realized.

scholarly journals CASTRATION AS AN ENTERPRISE OF CRIMINAL POLICY IN THE CHILD PROTECTION LAW

2020 ◽  
Vol 8 (1) ◽  
pp. 27
Author(s):  
Abdul Kadir ◽  
Dwi Nur Fauziah Ahmad
Keyword(s):  
Sexual Violence ◽  
Criminal Law ◽  
Child Protection ◽  
Criminal Policy ◽  
Criminal Code ◽  
Deterrent Effect ◽  
Positive Direction ◽  
Legal Policy ◽  
Violence Against Children ◽  
The Government

The rise of sexual violence against children in Indonesia requires strict legal rules and a deterrent effect on perpetrators. So the government in the latest child protection law includes punishment for castration. The issues raised are how the application of criminal law against perpetrators of sexual violence against children (pedophilia) in Indonesia and how the additional criminal regulation of castration as a criminal law policy in the child protection law. The type of research used is normative research, which is research that focuses on a positive direction in the form of statutory regulations. Criminal application for perpetrators of sexual violence against children is regulated in the Criminal Code and the Child Protection Act. Castration is a new legal policy by the government in dealing with the perpetrators of sexual violence against children.Keywords: Castration, Legal Policy, Child Protection

scholarly journals Efektivitas Penegakan Hukum Tindak Pidana Kekerasan Terhadap Anak Di Kota Makassar

2020 ◽  
Vol 1 (2) ◽  
pp. 270-281
Author(s):  
Azwad Rachmat Hambali
Keyword(s):  
Law Enforcement ◽  
Child Protection ◽  
Law Enforcement Officers ◽  
Legal Research ◽  
Effective Factors ◽  
Violence Against Children ◽  
South Sulawesi ◽  
Empirical Law ◽  
The Law ◽  
City Police

Tujuan penelitian menganalisis efektivitas penegakan hukum tindak pidana kekerasan terhadap anak di Kota Makassar dan faktor-faktor yang mempengaruhinya. Penelitian ini adalah penelitian hukum normatif dan hukum empiris. Sifat penelitian ini adalah deskriptif analitis. Populasi dalam penelitian ini Penyidik Kepolisian di Polres Makassar, Advokat, Aktivis Lembaga Perlindungan Anak Sulawesi Selatan, dan Korban/Keluarganya. Sampel peneltian adalah Penyidik Kepolisian 10 orang, Advokat 10 orang, Masyarakat 15 orang, dan Korban/Keluarganya 5 orang. Hasil penelitian ini menunjukkan bahwa kasus kekerasan terhadap anak yang dilaporkan ke Polresta Makassar setiap tahun mengalami penurunan akan tetapi penyelesaiannya juga mengalami kecenderungan penurunan. Oleh karena itu, penegakan hukum tindak pidana kekerasan terhadap anak di Kepolisian Resor Kota Makassar kurang efektif. Faktor-faktor yang mempengaruhi efektivitas penegakan hukum tindak pidana kekerasan terhadap anak di Kepolisian Resor Kota Makassar adalah faktor substansi hukum, faktor aparat penegak hukum, faktor sarana dan prasarana, serta faktor kesadaran hukum masyarakat. The research objective is to analyze the effectiveness of law enforcement on violence against children in Makassar City and the factors that influence it. This research is a normative legal research and empirical law. The nature of this research is descriptive analytical. The population in this study were Police Investigators at the Makassar Police, Advocates, South Sulawesi Child Protection Institution activists, and victims / their families. The sample of the study was 10 Police Investigators, 10 Advocates, 15 People, and 5 Victims / Their Families. The results of this study indicate that cases of violence against children reported to the Makassar Police have decreased every year, but the resolution has also decreased. Therefore, the law enforcement of violence against children in the Makassar City Police is less effective. Factors that affect the effectiveness of law enforcement on crimes against children at the Makassar City Police are legal substance factors, law enforcement officers, facilities and infrastructure factors, and community legal awareness factors.

scholarly journals The Implementation of Chemical Castration Penalties towards Paedophilia Crime Perpetrators

FIAT JUSTISIA ◽  
2019 ◽  
Vol 13 (4) ◽  
pp. 321
Author(s):  
Kartono Kartono ◽  
Aji Mulyana
Keyword(s):  
Law Enforcement ◽  
Sexual Violence ◽  
Sexual Offenders ◽  
Child Protection ◽  
Law Enforcement Officers ◽  
Modus Operandi ◽  
Chemical Castration ◽  
Sexual Crime ◽  
Violence Against Children ◽  
Severe Punishment

Sexual crime (rape) is one of the crimes that are very disturbing to the community, and its development is increasingly diverse either in the motives, nature, the form, the intensity and the modus operandi. The concerning situation is that a castration or castration law is expected to encouraging perpetrators of child sexual violence to lose their desire to repeat their crime. This research will explain how the implementation of chemical castration against sexual offenders on children (paedophilia) and how the application of castration penalties after the purpose of Indonesian crimes. The implementation of the imposition of the chemical castration sentence seems to be considered as an answer to the high public demand for severe punishment for the perpetrators. The existing rules of criminal law and child protection have never been implemented optimally. The Act of sexual assault on a child brings harmful impacts against physical and psychology to the victim, which became an obstacle for law enforcement officers to know or detect victims of sexual violence against children.

The Legal Framework of Islamic Criminal Law in Aceh with refer-ence to Application, Challenges and Way Forward (Kerangka undang-undang jenayah Islam di Aceh merujuk kepada aplikasi, cabaran dan jalan kehadapan)

2018 ◽  
Vol 15 (3) ◽  
pp. 300-314
Author(s):  
Ramizah Wan Muhammad ◽  
Khairunnasriah Abdul Salam ◽  
Afridah Abbas ◽  
Nasimah Hussin
Keyword(s):  
Criminal Law ◽  
Islamic Law ◽  
Central Government ◽  
Legal Framework ◽  
The Public ◽  
Banking And Finance ◽  
Procedural Law ◽  
Legal Administration ◽  
Criminal Matters ◽  
And Training

Aceh is a special province in Indonesia and different from other Indonesian provinces especially in the context of Shari'ah related laws. Aceh was granted special autonomy and legal right by the Indonesian central government in 2001 to fully apply Islamic law in the province. Generally, Islamic law which is applicable to Muslims in Indonesia is limited to personal laws just as in Malaysia. However, with the passage of time, Islamic law has expanded to include Islamic banking and finance. Besides that, Islamic law in Aceh is also extended to govern criminal matters which are in line with the motto of Aceh Islamic government to apply Islamic law in total or kaffah. Since 1999, the legal administration of Aceh has begun to gradually put in place the institutional framework to ensure that Islamic law is properly administered and implemented. Equally important, such framework is also aimed to ensure that punishments are fairly executed. This paper attempts to analyse the extent of the applicability of Islamic criminal law in Aceh. It is divided into three major parts. The first part discusses the phases in making Aceh an Islamic province and the roles played by Dinas Syariat Islam Aceh as the policy maker in implementing Islamic law as well as educating and training the public about the religion of Islam. The second part gives an overview on the Islamic criminal law and punishment provided in Qanun Aceh No.6/2014 on Hukum Jinayat (hereinafter Qanun Hukum Jinayat or “QHJ”) as well as the criminal procedural law concerning the methods of proof codified in Qanun Aceh No.7/2013 on Hukum Acara Jinayat (hereinafter “QAJ”). The third part of this paper highlights the challenges in the application and implementation of Islamic criminal law in Aceh, and accordingly provides recommendations for the improvement of the provisions in the QHJ and QAJ. Inputs from the interviews with the drafters of QHJ, namely Prof. Dr. Hamid Sarong and Prof. Dr Al Yasa are utilized in preparing this paper. In addition, inputs gathered from nongovernmental organizations (NGOs), namely Indonesian Syarie Lawyers Association (APSI) and Jaringan Masyarakat Sipil Peduli Syariah (JMSPS) are employed. The findings of this research are important in providing an in-depth understanding on the framework of Islamic criminal law in Aceh as well as in recognizing the flaws in its application or practical aspects of the law in Aceh. Keywords: Islamic law, Aceh, Administration, Punishment. Abstrak Aceh merupakan sebuah Wilayah Istimewa di Indonesia dibandingkan dengan wilayah-wilayah lain dari segi pelaksanaan undang-undang Islam. Aceh diberi status Wilayah Istimewa yang berautonomi oleh Pemerintah Pusat Indonesia pada tahun 2001 untuk melaksanakan undang-undang Islam secara menyeluruh. Pemakaian dan pelaksanaan undang-undang Islam di Aceh tidak terhad pada Undang-undang jenayah tetapi telah meliputi bidang perbankan dan kewangan Islam. Sejak tahun 1999, Pentadbiran Undang-undang Aceh telah merangka undang-undang bagi memastikan undang-undang Islam dapat ditadbir dan dilaksanakan dengan baik. Selain itu juga, undang-undang yang dirangka juga turut bertujuan untuk memastikan hukuman yang berasaskan undang-undang Islam dapat dilaksanakan secara adil. Oleh itu, kajian dalam kertas kerja ini dibuat uuntuk menganalisa sejauh mana undang-undang jenayah Islam dilaksanakan di Aceh. Kertas ini terbahagi kepada tiga bahagan utama, yang mana bahagian pertama membincangkan latas belakang awal kewujudan wilayah Islam Aceh dan peranan yang dimainkan oleh Dinas Syariat Islam Aceh sebagai mpembuat dasar dalam pelaksanaan undang-undang Islam, mendidik serta menyediakan latihan kepada masyarakat umum di Aceh mengenai Islam. Bahagian kedua menyediakan gambaran umum tentang undang-undang jenayah dan hukuman dalam Islam sebagaimana termaktub dalam Qanun Aceh No.6/2014 berkenaan Hukum Jinayat (“Qanun Hukum Jinayat” atau “QHJ”) serta undang-undang prosedur jenayah berkenaan cara pembuktiaan jenayah sebagaimana yag termaktub dalam Qanun Aceh No.7/2013 berkenaan Hukum Acara Jinayat (“QAJ”). Bahagian ketiga kertas ini menekankan masalah atau cabaran yang dihadapi daam pelaksanaan undang-undang jenayah Islam di Aceh, serta menyediakan cadangan-cadangan bagi penambahbaikan peruntukan-peruntukan yang ada dalam QHJ dan QAJ. Maklumat hasil dari temuramah dengan Prof. Dr. Hamid Sarong dan Prof. Dr Al Yasa telah digunakan bagi menyiapkan makalah ini. Selain itu, maklumat yang diperolehi daripada organisasi bukan kerajaan iaitu Indonesian Syarie Lawyers Association (APSI) dan Jaringan Masyarakat Sipil Peduli Syariah (JMSPS) turut dimanfaatkan. Dapatan dari kajian ini penting bagi menyediakan kefahaman terhadap kerangka undang-undang jenayah Islam di Aceh serta mengenal pasti masalah dalam aspek peruntukan undang-undang tersebut atau pelaksanaannya di Aceh. Kata Kunci: Undang-undang Islam, Aceh, Pentadbiran, Hukuman.

scholarly journals ‘Ruined’ lives: Mediated white male victimhood

2021 ◽  
Vol 24 (1) ◽  
pp. 60-80
Author(s):  
Sarah Banet-Weiser
Keyword(s):  
Social Media ◽  
Sexual Harassment ◽  
Sexual Violence ◽  
Public Perception ◽  
White Male ◽  
The Public ◽  
Multi Media ◽  
Patriarchal Power ◽  
Almost All ◽  
False Accusations

When the hashtag #metoo began to circulate in digital and social media, it challenged a familiar interpretation of those who are raped or sexually harassed as victims, positioning women as embodied agents. Yet, almost exactly a year after the #metoo movement shot to visible prominence, a different, though eerily similar, story began to circulate on the same multi-media platforms as #metoo: a story about white male victimhood. Powerful men in positions of privilege (almost always white) began to take up the mantle of victimhood as their own, often claiming to be victims of false accusations of sexual harassment and assault by women. Through the analysis of five public statements by highly visible, powerful men who have been accused of sexual violence, I argue that the discourse of victimhood is appropriated not by those who have historically suffered but by those in positions of patriarchal power. Almost all of the statements contain some sentiment about how the accusation (occasionally acknowledging the actual violence) ‘ruined their life’, and all of the statements analyzed here center the author, the accused white man, as the key subject in peril and the authors position themselves as truth-tellers about the incidents. These statements underscore certain shifts in the public perception of sexual violence; the very success of the #metoo movement in shifting the narrative has meant that men have had to defend themselves more explicitly in public. In order to wrestle back a hegemonic gender stability, these men take on the mantle of victimhood themselves.

Sign in / Sign up

Export Citation Format

Share Document