Jurnal Kajian Hukum dan Sosial
Vol 23 No 1 (2026)

Customary Justice and Child Sexual Abuse in Aceh: Legal Pluralism, Restorative Limits, and Child Protection Principles

Yuni Roslaili (Faculty of Sharia nad Law, UIN Ar-Raniry Banda Aceh)
Suparwany Suparwany (Faculty of Usuluddin Adab and Da'wah, IAIN Langsa)
Abdul Manan (Research Fellow Faculty of Islamic Contemporary Studies of Sultan Zainal Abidin University Terengganu and UIN Ar-Raniry Banda Aceh)
Marina Ulfah (Faculty of Psicology, UIN Ar-Raniry Banda Aceh)
Faizah Putroe Phonna (Faculty of Medicine, Universitas Syiah Kuala, Aceh)



Article Info

Publish Date
02 Feb 2026

Abstract

This study explores the position and limitations of customary law in addressing cases of child sexual violence in Aceh, as well as its interaction with legal pluralism and the principles of maqaṣid al-sharia. As a region endowed with special autonomy in the spheres of customary practices and the implementation of Islamic law, Aceh represents a complex manifestation of legal pluralism. This complexity becomes particularly evident when customary dispute-resolution mechanisms intersect with cases of child sexual violence, which are normatively recognised as serious criminal offences. By using a qualitative socio-legal approach, this research integrates an analysis of statutory regulations and qanun (Islamic law) with in-depth interviews involving government officials, local leaders, academic communities, and child protection institutions. The findings reveal variations in the application of customary law to cases of sexual violence against children, which can be classified into minor, moderate, and severe categories. In minor cases, customary law may function as a limited mechanism for recovery and social reconciliation. However, in cases of severe sexual violence, formal judicial processes are deemed more appropriate. This is because, from the perspective of maqasid al-sharia and the concept of ta’zir, child protection is a daruriyyah goal that cannot be compromised. This study emphasises the importance of an integrative-complementary model for resolving child sexual abuse cases within the framework of controlled legal pluralism.

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Journal Info

Abbrev

justicia

Publisher

Subject

Religion Humanities Economics, Econometrics & Finance Law, Crime, Criminology & Criminal Justice Social Sciences

Description

The journal aims to advance knowledge in Islamic legal studies within Muslim societies from various perspectives, enriching both theoretical and empirical research. It covers a range of subjects, including in-depth studies of living law in Muslim communities, legal negotiations on human rights, and ...