Peer-reviewed article
Discourse on the formulation of the Jarimah of sexual violence against children in the Aceh Qanun Jinayat
Liza Agnesta Krisna, I Nyoman Nurjaya, Prija Djatmika, Nurini Aprilianda ·
Summary
Written by AI, not yet AICS's view · claude-haiku-4-5-20251001This academic paper examines how sexual violence against children is defined and regulated under Aceh's Islamic criminal law (Qanun Jinayat) in Indonesia. The paper argues that the legal formulation creates problems because sexual violence against children is already comprehensively covered by Indonesia's Child Protection Law, leading to confusion and redundancy in law enforcement. The authors identify inconsistencies in how these crimes are legally categorized and argue for better coordination between Islamic law and national law.
Key points
- Qanun Jinayat regulates ten types of criminal acts under Islamic law in Aceh, including sexual harassment and rape
- Sexual violence against children is regulated in both Qanun Jinayat and the Child Protection Law, creating duplication
- Public criticism argues that sexual violence against children should not be separately regulated in Qanun Jinayat since the Child Protection Law already provides more comprehensive coverage
- The legal justification for including sexual violence against children in Qanun Jinayat is framed as a continuation of khalwat (seclusion) crimes
- The study identifies inaccuracy in the legal formulation and neglect of horizontal harmonization between Islamic law and national law
Limitations
This is a legal discourse analysis that does not examine child welfare outcomes, prevalence of sexual violence, or effectiveness of any law enforcement mechanisms. It cannot tell us about actual protection of children or implementation effectiveness of either legal framework.
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.