Journal of SouthEast Asian Human Rights
Vol 2 No 2 (2018): December 2018

The Qanun Jinayat Discriminates Against Women (Victims of Rape) in Aceh, Indonesia

Faradilla Fadlia (university of Syiah Kuala)
Ismar Ramadani (Faculty of Social and Political Sciences, Al Muslim University)



Article Info

Publish Date
01 Dec 2018

Abstract

This paper seeks to see how the Qanun Jinayah discriminates against women who are victims of rape. In Qanun Jinayah in article 52, paragraph 1, explain that the victim of rape must include evidence at the time of report. The Qanun Jinayah clearly makes a double burden on the victims where women victims of rape must present evidence and witnesses. Whereas in the criminal law (KUHP), evidence and witnesses are the responsibility of the investigator. This study seeks to see how the discriminatory impacts experienced by victims (women) after the Qanun Jinayah is implemented. Furthermore, this paper uses qualitative method with in-depth interview. The hypothesis of this paper is that Qanun Jinayah has discriminated against women especially the victims of rape and this allows the occurrence of injustice and violation of human rights.

Copyrights © 2018






Journal Info

Abbrev

JSEAHR

Publisher

Subject

Arts Humanities Social Sciences

Description

The Journal of Southeast Asian Human Rights (JSEAHR) explores human rights realities in South East Asian region from various perspectives. The JSEAHR is a peer-reviewed journal co-organized by the Indonesian Consortium for Human Rights Lecturers (SEPAHAM Indonesia) and the Centre for Human Rights, ...