ANALYSIS ON FLAGELLATION IMPOSED AS A SANCTION FROM THE PERSPECTIVE OF CHILD PROTECTION

Abstract

Aceh came up with a sharia-based compilation of penal law, Qanun Number 6 of 2014 concerning Islamic Criminal law. Qanun Jinayat (Islamic Criminal Law) governs the provisions regarding a child involved in jarimah (crime). Several principles set forth in the regulatory provisions of Qanun Jinayat differ from those in the national judicial system of juvenile crime. This study discusses the imposition of flagellation on children by Qanun Jinayat from the perspective of child protection. The study was conducted based on the socio-legal approach. The research result shows that flagellation imposed on a child contravenes the child protection principles in the national judicial system of juvenile crime. Flagellation is stipulated in Qanun Jinayat based on the consideration that it is the essence of punishment in Islamic law. However, Qanun Number 6 of 2014 concerning Islamic Criminal law should be reviewed according to the principles of child protection in the national judicial system to reach the objectives of legal protection for children, especially those facing legal disputes.