LEGISLATION CONCEPT OF SEXUAL VIOLENCE TOWARDS A CHILD IN THE ACTS AND THE QANUN JINAYAT

Abstract

Background: The investigation of cases of sexual violence against children under Article 133 of Act Number 11 of 2006 is entrusted to the investigation of Wilyatul Hisbah. As a result, there is dualism in the investigation and inquiry process for sexual harassment cases, as both the Police Investigations and the Wilyatul Hisbah Investigation have the authority to conduct investigations. This is due to the provisions stated in Article 133 of Act Number 11 of 2006 and Article 1 (1) of the Indonesian Criminal Code, which allow for the involvement of two institutions in investigating criminal cases in Aceh, including sexual violence such as rape. The provision indicates a situation where the authority of the two institutions overlaps. Objective: To examine and analyze the legal framework surrounding sexual assault, with a specific focus on addressing the issue of dual investigative power in cases involving child sexual abuse in Aceh. Theoretical framework: The regulation of sexual violence against children is governed at the national level by Act Number 35 of 2014; however, in Aceh, it is regulated specifically under Article 47 of the Qanun Jinayat. The Child Protection Act provides a more comprehensive framework for addressing sexual violence, encompassing measures such as imposing penalties and eliminating sentences for educators and residents. The investigation process for cases of sexual violence in Aceh involves two authorized agencies: the police detective and the Hisbah Wilyatul investigator. This dualistic approach allows for a comprehensive inquiry and ensures that all aspects of the case are thoroughly examined. The existence of dualism arises from the provisions outlined in Article 133 of the Government of Aceh Act, which grants each entity the power to independently investigate allegations of sexual violence. To eliminate the duality of authority, it is necessary to achieve harmonization of the legal regulations, specifically the Acts of the Government of Aceh, the Police, and the Jinayat. Method: This study employs a normative jurisprudential research methodology, specifically utilizing the legislative-regulatory approach.