Marsarahwati Rezki
Universitas Syiah Kuala

Published : 1 Documents Claim Missing Document
Claim Missing Document
Check
Articles

Found 1 Documents
Search

The Application of ‘Uqubat Ta’zir Imprisonment against Perpetrators of Child Sexual Abuse in the Decisions of the Suka Makmue Shari’a Court, Nagan Raya Regency Marsarahwati Rezki; Mohd. Din; Sulaiman Sulaiman
International Journal of Sociology and Law Vol. 3 No. 4 (2026): November: International Journal of Sociology and Law
Publisher : Asosiasi Penelitian dan Pengajar Ilmu Hukum Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62951/ijsl.v3i4.1067

Abstract

Child sexual abuse is a criminal offense that can cause physical, psychological, and social suffering, and therefore requires a response oriented toward the protection of victims. In the cases examined, Article 47 of Aceh Qanun Number 6 of 2014 on Jinayat Law provides alternative ‘uqubat ta’zir in the form of caning, a fine, or imprisonment. Meanwhile, Supreme Court Circular Letter (SEMA) Number 10 of 2020 affirms the imposition of imprisonment in sexual abuse cases involving child victims in order to ensure child protection. These provisions give rise to questions regarding the reasons for imposing imprisonment, the judges’ considerations in choosing and determining the length of the sentence, and the adequacy of imprisonment in protecting victims. These issues are found in the decisions of the Suka Makmue Shari’a Court, Nagan Raya Regency, which imposed prison sentences of differing durations and contained forms of victim protection that were not uniform. The purpose of this study is to explain the application of imprisonment as ‘uqubat ta’zir against perpetrators of child sexual abuse. The research method used is normative juridical, employing a statutory approach and a case approach. The results show that the application of imprisonment is based on the offender’s accountability, the need for deterrence, restriction of the offender’s access to the victim, and rehabilitative objectives. However, the success of rehabilitation and the prevention of reoffending after the offender’s release cannot be determined from the court decisions alone.