Islamic Studies and Law
Vol. 1 No. 3 (2026)

Public Prosecutor's Sentencing Demand in a Father-Daughter Sexual Violence Case: A Juridical and Maqashid Al-Sharia Analysis

Fitri Yani (Universitas Islam Negeri Syekh Ali Hasan Ahmad Addary Padangsidimpuan)
Fatahuddin Aziz Siregar (Universitas Islam Negeri Syekh Ali Hasan Ahmad Addary Padangsidimpuan)
Ihsan Helmi Lubis (Universitas Islam Negeri Syekh Ali Hasan Ahmad Addary Padangsidimpuan)



Article Info

Publish Date
27 Sep 2026

Abstract

Sexual violence committed by a father against his adult daughter raises a difficult question of statutory choice when the parties remain biologically related but no longer share an active household. This study examines Case Reg. No. PDM-28/SIPIROK/Eku.2/11/2024 and the Public Prosecutor's decision to rely on Article 6(c) in conjunction with Article 15(1)(a) of Law No. 12 of 2022 on Sexual Violence Crimes (UU TPKS), rather than Law No. 23 of 2004 on the Elimination of Domestic Violence (UU PKDRT). Using a qualitative single-case design, the study draws on a semi-structured interview with the handling prosecutor, the indictment as a supporting case document, and relevant legal literature. The statutory comparison indicates that, within the prosecutor's legal construction, UU TPKS more directly addresses abuse of position, trust, and influence without requiring proof of direct physical force. Through Imam Asy-Syathibi's maqashid al-sharia framework, the sentencing demand is assessed against hifz al-din, hifz al-nafs, hifz al-'aql, hifz al-nasl, and hifz al-mal. The analysis further shows that the absence of physical violence cannot be equated with consent because non-physical coercion may arise from psychological domination, economic dependency, and unequal family power relations.

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Journal Info

Abbrev

jidk

Publisher

Subject

Description

Islamic Studies and Law is dedicated to the advancement of scholarly research across Islamic studies and legal disciplines through theoretical, historical, and empirical perspectives. Utilizing multidisciplinary and comparative approaches, the journal aims to enrich Islamic intellectual scholarship ...