Legalite: Jurnal Perundang Undangan dan Hukum Pidana Islam
Vol 8 No 1 (2023): Legalite: Jurnal Perundang Undangan dan Hukum Pidana Islam

Penjatuhan Hukuman Cambuk Terhadap Pelaku Pelecehan Seksual Terhadap Anak

Muslim Zainuddin (Universitas Islam Negeri Ar-Raniry Banda Aceh)



Article Info

Publish Date
13 Jun 2023

Abstract

Decision Number 6/JN/2023/MS.Lsk sentenced perpetrators of sexual abuse of children to be whipped 35 times. This sentence is different from the Supreme Court Circular and the Attorney General Circular which require prison sentences for perpetrators if the victim is a child in cases of sexual abuse and rape. The research aims to analyze why the panel of judges sentenced them to caning and how to protect children. The research method used is normative juridical research method. The primary legal material is in the form of decision Number 6/JN/2023/MS.Lsk, Jinayat Law Qanun and Jinayat Procedural Law Qanun. Data analysis was carried out qualitatively by providing an interpretation of primary legal materials and secondary legal materials. The results of the study show that the imposition of caning punishment on perpetrators of sexual harassment whose victims are children has not been in favor of child protection. The imposition of caning was in accordance with the QHJ and QHAJ, because the judge was given the authority to impose a sentence according to the prosecutor's demands or differently. However, this does not pay attention to SEMA Number 10 of 2020 which wants prison sentences for perpetrators of sexual abuse of children.

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Journal Info

Abbrev

legalite

Publisher

Subject

Religion Law, Crime, Criminology & Criminal Justice

Description

Legalite is published by the Islamic Sharia Law Study Program Faculty of IAIN Langsa. This journal contains a study related to the law, thoughts, and renewal of Islamic Criminal Law both in Indonesia and abroad. This journal is published twice a year: June and ...