Peer-reviewed article
Critical Review Selecting a Proper Law to Resolve Sexual Violence Against Children
Nurini Aprilianda, Mufatikhatul Farikhah, Liza Agnesta Krisna ·
Summary
Written by AI, not yet AICS's view · claude-haiku-4-5-20251001This article examines Indonesia's legal framework for addressing sexual violence against children in Aceh, where two laws apply to the same offenses: the Child Protection Act and the Jinayat Law Qanun. The research found that law enforcement agencies are inconsistent in choosing which law to apply, creating confusion in case handling. The study argues for applying the principle of lex specialist to ensure consistent and appropriate legal responses. Children who experience sexual violence suffer both physical and psychological trauma, including mental disorders.
Key points
- Two separate legal norms in Aceh regulate sexual violence against children, creating ambiguity in law enforcement
- Law enforcers have been inconsistent in applying the laws to the same types of cases over a three-year period
- Sexual violence causes both physical and psychological trauma in child victims, including mental disorders
- Differences in views among law enforcers about the position and nature of the two legal norms explain inconsistent application
- The principle of lex specialist is proposed as a basis for determining the correct law to apply in these cases
Limitations
This document is a legal analysis rather than an empirical evaluation of outcomes. It does not provide data on the effectiveness of either law in protecting children, conviction rates, victim outcomes, or the actual impact of inconsistent application on justice delivery or child recovery.
Abstract
This article was written based on the results of research discussing finding the right choice of norms in solving the problem of sexual violence against children in Aceh because currently there are two legal norms that regulate similar offenses, namely the Child Protection Act or the Jinayat Law Qanun. Whereas children as victims of sexual violence not only have an impact on physical trauma but also experience psychological trauma which can cause mental disorders. The writing of this article uses empirical legal research methods. Data collection techniques used are interviews and literature reviews to find reasons why different laws apply to the same case. Data for the last 3 (three) years shows that until now law enforcers have not been consistent in applying the law to solving these problems. This is due to differences in views between law enforcers regarding the position and nature of the two legal norms. Therefore, the principle of systematic lex specialist is very important as a basis for law enforcement in determining the right choice of law for the settlement of these cases.