Abstract
This paper seeks to see how the Qanun Jinayah discriminates against women who are victims of rape. In Qanun Jinayah in article 52, paragraph 1, explain that the victim of rape must include evidence at the time of report. The Qanun Jinayah clearly makes a double burden on the victims where women victims of rape must present evidence and witnesses. Whereas in the criminal law (KUHP), evidence and witnesses are the responsibility of the investigator. This study seeks to see how the discriminatory impacts experienced by victims (women) after the Qanun Jinayah is implemented. Furthermore, this paper uses qualitative method with in-depth interview. The hypothesis of this paper is that Qanun Jinayah has discriminated against women especially the victims of rape and this allows the occurrence of injustice and violation of human rights.
Highlights
Islamic Law, known as the Qanun Jinayat, in conjunction with women's issues in Aceh, are objects of study that have been carried out by researchers with significant findings
This paper aims to analyze how the Qanun Jinayat, known as the Islamic Criminal Law in Aceh, Indonesia, discriminates against women who are victims of rape
Nissa Yura, the National Program Coordinator of Women Solidarity, said that the Qanun Jinayat is unable to protect women in Aceh from violence and, strengthens the potential for criminalisation and discrimination against women.[11]. This is especially apparent in Article 52, Paragraph 1 which mentions, "anyone who is raped can file a complaint with the investigator about the person who raped her by including the initial evidence." Whereas, in the Criminal Code (Criminal Procedure), the preliminary evidence is charged to investigators in accordance with Article 1, Point 2 of Law Number 8 of 1981
Summary
Islamic Law, known as the Qanun Jinayat, in conjunction with women's issues in Aceh, are objects of study that have been carried out by researchers with significant findings. Aceh is a territory of Indonesia which has special autonomous status in accordance with Law Number 44 of 1999 concerning the administration of privileges for the region This status allows special privileges when regulating four matters: Sharia Law, customs, education, and the role of the Ulama (or religious scholars) in the government structure.[4] Aceh, better known as the ‘Verandah of Mecca' (Serambi Mekkah), is an area that is thick with Islamic Sharia Law and is the only province in Indonesia that has implemented the Qanun. As a privileged territory, has the special right to self-regulate its territory in accordance to Law No 11 of 2006 This law designates that the government of Aceh has the authority to implement Sharia Law through the Qanun Jinayat. 8 lex specialis is the doctrine explains that if two laws govern the same factual situation, a law governing a specific subject matter (lex specialis) overrides a law governing only general matters (lex generalis)
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