Discourse on the formulation of the Jarimah of sexual violence against children in the Aceh Qanun Jinayat

Abstract

The implementation of Islamic law in Aceh is based on the special autonomy and privileges of Aceh. The implementation of Islamic law brings the spirit of formalizing Islamic teachings through formal state regulations, namely the Aceh Qanun. Qanun Jinayat is a regulation that regulates disgraceful acts that should be punished in the teachings of Islamic law or can be referred to as a compilation of criminal law in Aceh. There are ten types of jarimah (criminal acts) regulated in the Qanun Jinayat, two of which are jarimah of sexual harassment and jarimah of rape. During the implementation of the Qanun Jinayat related to the law enforcement of the crime of sexual violence against children, both crimes of sexual harassment and rape have attracted a lot of criticism from the public, this crime is seen as no longer regulated in the Qanun Jinayat because it has been regulated previously and is more complete in the Child Protection Law. The ratio legis for regulating sexual violence against children in the Qanun Jinayat is because this act is seen as a continuation of the act of khalwat. This study shows an inaccuracy in the formulation of the type of jarimah in the Qanun Jinayat and the neglect of horizontal harmonization of national law.