PELECEHAN SEKSUAL TERHADAP ANAK DI BAWAH UMUR DALAM PERSPEKTIF HUKUM ISLAM DAN HUKUM PIDANA
Abstract : Children are a gift from Allah SWT, shoots, potential, and the younger generation who are the successors of the ideals of the nation's struggle, have a strategic role, special characteristics and qualities, so they must be protected from all forms of inhumane treatment. Among the forms of inhumane treatment are sexual crimes, which result in violations of children's human rights. Sexual violence is an issue that has long been discussed among Indonesian society. Criminal acts involving honor are acts of khalwat. The process of resolving khalwat cases found obstacles by law enforcement officials so that the cases were not referred to the Syar'iyah Court. The obstacles to differences in the categorization of khalwat are due to the strong customary law that applies in society, the law is still not perfect, there is still a lack of wilayatul hisbah officers, there is still a lack of awareness and knowledge of community law, and environmental factors. However, Indonesian law does not fully provide strict legal consequences for perpetrators and protection for victims. The research approach used is a statutory approach and a conceptual approach. The results of this research indicate that drafting criminal law for cases of sexual violence is a matter of urgency, considering the rise in cases of sexual violence in Indonesia. The creation of laws that protect victims of sexual violence, efforts to protect against sexual violence against minors and sanctions against victims of sexual violence cases can be implemented well. Keywords : sexsual hardness,child, criminal low, islamic law
Authors
- Siti Alfiah
- Abdullah Syarofi
Publication Details
- Journal
- The Republic Journal of Constitutional Law
- Published
- 2024-10-31
- DOI
- https://doi.org/10.55352/htn.v2i2.1289
- Citations
- 2
- Primary Topic
- Gender and Women's Rights
- Type
- article
- Field-Weighted Citation Impact
- 0.00