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All Journal Jurnal Al-Ahkam : Jurnal Hukum Pidana Islam
Herna Adelia Br Simamora
Universitas Islam Negeri Sumatera Utara

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AN ANALYSIS OF ISLAMIC CRIMINAL LAW OF THE RESOLUTION OF SEXUAL VIOLENCE CASES IN ISLAMIC BOARDING SCHOOLS Herna Adelia Br Simamora; Seva Maya Sari
Jurnal Al-Ahkam: Jurnal Hukum Pidana Islam Vol 8 No 2 (2026): Al-Ahkam : Jurnal Hukum Pidana Islam
Publisher : Universitas Islam Ahmad Dahlan (UIAD)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47435/al-ahkam.v8i2.4746

Abstract

Cases of sexual violence within Islamic boarding school indicate a gap between applicable legal provisions and the actual practices of case resolution in the field. This study aims to analyze the resolution of sexual violence cases in Islamic boarding school according to Indonesian positive law and to examine them from the perspective of Islamic criminal law. This study employs normative legal research using statutory, case, and conceptual approaches. Legal materials were obtained through a literature review encompassing legislation, court decision legal literature, and sources of Islamic law and were subsequently analyzed qualitatively. The results show that the resolution of sexual violence cases is regulated by the Criminal Code, Law Number 35 of 2014 concerning Child Protection, and Law Number 12 of 2022 concerning Sexual Violence Crimes. However, in practice, cases are still resolved through familial mechanism, accompanied by abuses of power relations, while some court decisions have not fully fulfilled the sense of justice. From the perspective of Islamic criminal law, such acts constitute jarimah ta'zir and should be resolved through a judicial process by imposing proportionate sanctions in order to realize maqāṣid al-syarī'ah, particularly the protection of life, honor, intellect, and lineage, thereby ensuring public welfare and the protection of victims..
Co-Authors Seva Maya Sari