THE JUSTICIABILITY OF ‘UQUBAT IN QANUN JINAYAT AGAINST VICTIMS OF SEXUAL VIOLENCE IN ACEH IN THE CONTEXT OF ASY’ARIYAH (S002418)

One of the provisions set out in the Qanun Jinayat is related to sexual violence. Article 3 of UDHR 1948 stated that, “Everyone has the right to life, liberty and security of person”. Therefore, each country must provide appropriate punishment for perpetrators of sexual violence in order to protect their citizens.

The research problem highlighted in this study are as follows : (a) How is the legal protection against victims of sexual violence in Aceh in relation to the cases in Mahkamah Syar’iyah in Aceh? (b) How is the view of the Asy'ariyah Theistic Subjectivism Concept towards Justice of 'Uqubat in Qanun Jinayat for victims of sexual violence in Aceh? (c) What is the opinion of Acehnese Scholars (‘Ulama) who adhere to the theology of Ahli Sunnah Waljama'ah on the Justice of ‘Uqubat in Qanun Jinayat towards victims of sexual violence in Aceh?

The objective of this research is to find out about the justiciability of ‘Uqubat in Qanun Jinayat against victims of sexual violence in Aceh in the context of Asy’ariyah. The type of research is doctrinal legal research, the approach used is a qualitative approach in a normative juridical approach.
The application of law to the cases of sexual violence in Mahkamah Syar’iyah is in accordance with the current Qanun Jinayat in term of legal protection but it is not quite enough by what is desired by Asy’ariyah. The punishment in the concept of Asy'ariyah is more severe than that set out in Qanun Jinayat, which lies in the existence of stoning to death (rajam) for muhshan perpetrators. Based on the opinion of ‘Ulama Aceh, 'Uqubat in Qanun Jinayat regarding sexual violence is not very fair, but better than no Qanun at all.

The researcher suggests to (1) renew the Articles in the Qanun Jinayat related to sexual violence with the concept of Asy’ariyah, (2) conduct development research on the effectiveness of ‘Uqubat between Qanun Jinayat and Asy'ariyah regarding Sexual Violence (3) ask further to the Acehnese 'Ulama regarding sexual violence in Qanun Jinayat to get what they really expect as experts to achieve justice.