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All Journal Ius Civile: Refleksi Penegakan Hukum dan Keadilan Ta'zir: Jurnal Hukum Pidana
Achmad Fikri Oslami
Pengadilan Agama Pangkalan Balai
Religion Humanities Law, Crime, Criminology & Criminal Justice

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Pertimbangan Hakim dalam Penjatuhan Uqubat Jarimah Pelecehan Seksual terhadap Anak di Aceh (Analisis Putusan No 8/Jn/2020/MS.Ttn) Achmad Fikri Oslami
Ius Civile: Refleksi Penegakan Hukum dan Keadilan Vol 6, No 1 (2022): April
Publisher : Prodi Ilmu Hukum, Universitas Teuku Umar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35308/jic.v6i1.4589

Abstract

Aceh is one of the provinces that has a high number of cases of sexual violence against women and children. The Syar'iyah Court is a court within the Religious Courts which hears cases related to sexual crimes including sexual harassment, adultery, and rape as regulated in Qanun number 6 of 2014 concerning Jinayat Law. Ideally, the punishment or 'uqubat for child sexual abuse in the jinayat law is at least the same as the child protection law or heavier with the increasing number of cases of sexual abuse of both women and children. This paper was written to find out what things are considered by the Panel of Judges of the Syar'iyah Court on cases of sexual violence against children in Aceh by analyzing decision number 8/JN/2020/MS.Ttn so that it can provide an ideal picture. Jinayat law enforcement image. especially in cases of child sexual abuse. This research is a type of normative research using a case approach, carried out using case studies related to the issues at hand which have become court decisions with permanent legal force, related to the themes discussed which were obtained from primary materials in the form of decisions at the level of The first was tried by the Panel of Judges of the Tapaktuan Syar'iyah Court number 8/JN/2020/MS.Ttn, then the appeal decision of the Aceh Syar'iyah Court Judges number 17/JN/2020/MS.Aceh and the last was the Supreme Court's cassation decision number 11 K/AG/JN/2020. The results of this study need a minimum penalty for sexual abuse against children due to its special handling and has become a serious problem in Indonesia, so that there is no uqubat disparity imposed between the Syar'iyah Courts in Aceh.
ASAS-ASAS QANUN PROVINSI ACEH NOMOR 6 TAHUN 2014 TENTANG HUKUM JINAYAT achmad fikri oslami
Tazir Vol 6 No 1 (2022): Ta'zir: Jurnal Hukum Pidana
Publisher : Universitas Islam Negeri Raden Fatah Palembang

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (160.139 KB) | DOI: 10.19109/tazir.v6i1.11127

Abstract

ABSTRACT The principle of the formation of good laws and regulations is very necessary, so that regulations made in accordance with the direction and goals of the state are guided by legal development policies and do not become objects for material trials. The Aceh Qanun number 6 of 2014 concerning Jinayat Law also contains principles related to the formation of the Qanun. This research is a type of normative research, carried out using data obtained through legislation, Qanun, journals, books or online articles that still have the same connection and theme related to this research with primary data sources from Qanun number 6 of 2014 about Jinayat Law. The results of this study indicate that the Jinayat Law Qanun is based on Islam, Legality, Justice and Balance, Benefit, Protection of Human Rights and Learning to the Community (tadabbur). Where all the contents of the Qanun become an inseparable part of each other on the basis of the principles they have.. Keywords: Principles, Qanun, Jinayat Law
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