International Journal of Sociology and Law
Vol. 3 No. 4 (2026): November: International Journal of Sociology and Law

The Application of ‘Uqubat Ta’zir Imprisonment against Perpetrators of Child Sexual Abuse in the Decisions of the Suka Makmue Shari’a Court, Nagan Raya Regency

Marsarahwati Rezki (Universitas Syiah Kuala)
Mohd. Din (Universitas Syiah Kuala)
Sulaiman Sulaiman (Universitas Syiah Kuala)



Article Info

Publish Date
01 Nov 2026

Abstract

Child sexual abuse is a criminal offense that can cause physical, psychological, and social suffering, and therefore requires a response oriented toward the protection of victims. In the cases examined, Article 47 of Aceh Qanun Number 6 of 2014 on Jinayat Law provides alternative ‘uqubat ta’zir in the form of caning, a fine, or imprisonment. Meanwhile, Supreme Court Circular Letter (SEMA) Number 10 of 2020 affirms the imposition of imprisonment in sexual abuse cases involving child victims in order to ensure child protection. These provisions give rise to questions regarding the reasons for imposing imprisonment, the judges’ considerations in choosing and determining the length of the sentence, and the adequacy of imprisonment in protecting victims. These issues are found in the decisions of the Suka Makmue Shari’a Court, Nagan Raya Regency, which imposed prison sentences of differing durations and contained forms of victim protection that were not uniform. The purpose of this study is to explain the application of imprisonment as ‘uqubat ta’zir against perpetrators of child sexual abuse. The research method used is normative juridical, employing a statutory approach and a case approach. The results show that the application of imprisonment is based on the offender’s accountability, the need for deterrence, restriction of the offender’s access to the victim, and rehabilitative objectives. However, the success of rehabilitation and the prevention of reoffending after the offender’s release cannot be determined from the court decisions alone.

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Journal Info

Abbrev

IJSL

Publisher

Subject

Law, Crime, Criminology & Criminal Justice

Description

studies of civil law, criminal law, constitutional law, international law, procedural law and customary law, politics and social ...