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All Journal Al-Ahkam Ta'zir: Jurnal Hukum Pidana
Siah Khosyiah
Universitas Islam Negeri Sunan Gunung Djati Bandung
Religion Humanities Law, Crime, Criminology & Criminal Justice

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PERLINDUNGAN HUKUM TERHADAP ANAK KORBAN KEKERASAN SEKSUAL: Indonesia Mohamad Faisal Aulia; Siah Khosyiah
Tazir Vol 5 No 2 (2021): Ta'zir: Jurnal Hukum Pidana
Publisher : Universitas Islam Negeri Raden Fatah Palembang

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (227.113 KB) | DOI: 10.19109/tazir.v5i2.10884

Abstract

The purpose of this study was to find out the legal form of protection for child victims of sexual violence in the South Central Timor district of NTT. This research is a normative research using the method of statutory approach. The location of this research is in the Social Service of South Central Timor Regency. data collection techniques using library research and interviews. The results of the research in this discussion have been explained in Law No. 35 of 2014 concerning amendments to Law No. 23 of 2002 concerning Child Protection in Article 59A regarding medical, psychosocial, social, and judicial assistance. Article 67B concerning guidance, assistance, and social recovery of mental and physical health and Article 69A concerning education, social rehabilitation, psychosocial assistance, and assisting the judicial process.As for Law no. 31 of 2014 concerning Amendments to Law No. 13 of 2006 concerning Protection of Witnesses and Victims Article 5 concerning the rights of witnesses and victims, Article 6 concerning medical assistance, and psychosocial and psychological rehabilitation, and Article 10 concerning witnesses and/or victims cannot be prosecuted legally. Then Law Number 11 of 2012 concerning the Juvenile Criminal Justice System. Legal protection for child victims of sexual violence provided by the Social Service is a form of assistance that begins when the child becomes a victim and the victim can return to the community. Sexual violence receives free assistance from the social service and social rehabilitation center for children who need special protection (BRSAMPK). include; medical, psychological, social and judicial. Keywords: Sexual Violence, Special Protection For Children
Judicial Invalidation of Ithbāt Nikāḥ Underage in the View of Religious Court Judges in Madura M. Faiz Nashrullah; Abdul Rohim Al Wafi; Siah Khosyiah; Frilla Gunariah; Affan Najih Alghifary
Al-Ahkam Vol. 35 No. 2 (2025): October
Publisher : Faculty of Sharia and Law, Universitas Islam Negeri (UIN) Walisongo Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21580/ahkam.2025.35.2.27358

Abstract

Underage ithbāt nikāḥ creates a legal loophole in Indonesia's Islamic marriage system. Child marriages that should require a dispensation are often legalized through ithbāt nikāḥ without such approval. This practice is prevalent in the Religious Courts of Madura, where most judges tend to grant petitions despite recognizing its contradiction with efforts to prevent child marriage. This study adopts a juridical-sociological approach through case analysis and in-depth interviews with judges. The findings show that rejection of underage ithbāt nikāḥ is rare, as judges prioritize protecting children's civil rights, such as birth certificates and legal family status. However, this generates a dilemma: granting applications risks legitimizing child marriage, while rejecting them may be seen as denying legal certainty for the community. As a middle path, some judges suggest alternatives, including recognition of children born out of wedlock, determination of child origin, and civil registration without marriage certificates. The study highlights the urgent need for clear legal guidelines to prevent misuse of ithbāt nikāḥ while ensuring child protection.
Co-Authors Abdul Rohim Al Wafi Affan Najih Alghifary Frilla Gunariah M. Faiz Nashrullah Mohamad Faisal Aulia