The effectiveness of Qanun Jinayat in addressing sexual violence against children: A psychological perspective

Authors

  • Zuriah Zuriah Universitas Islam Kebangsaan Indonesia Bireuen, Aceh, Indonesia
  • Teuku Amnar Saputra Sekolah Tinggi Ilmu Tarbiyah (STIT) Al-Hilal Sigli, Aceh, Indonesia
  • Muhammad Novriansyah Sekolah Tinggi Ilmu Tarbiyah (STIT) Al-Hilal Sigli, Aceh, Indonesia
Qanun Jinayat, Sexual Violence Against Children, Psychological Protection, Child Victims

Sexual violence against children is still a serious concern in Aceh despite the implementation of the Qanun Jinayat, while the effectiveness of law enforcement in ensuring victims’ protection, psychological recovery, and developmental needs requires critical evaluation. This study considers the protective capacity of the Qanun Jinayat in dealing with sexual violence against children through integrating the psychological consequences experienced by victims with the legal construction of victim protection. It uses a qualitative descriptive-analytical approach, adopting library research and normative legal analysis. Data from the Qanun Jinayat and relevant legal and psychological literature were collected through document review, analyzed thematically and deductively, and reviewed through source triangulation and multidisciplinary perspectives. The findings show that sexual violence against children produces interrelated psychological, physical, sexual, and social consequences that may continue into adulthood, including trauma, loss of safety and trust, powerlessness, stigma, sexual difficulties, and secondary victimization. The Qanun Jinayat classifies sexual violence as jarimah and prescribes uqubat in the form of caning, fines, or imprisonment, with enhanced penalties for cases involving children and mahram relationships. However, these penal provisions do not adequately guarantee restitution, psychological rehabilitation, social support, educational stability, or long-term protection for victims. The study shows that penal effectiveness should be distinguished from the effectiveness of victim protection, which encompasses accountability, safety, recovery, and the prevention of repeated victimization. It recommends strengthening restitution mechanisms, psychological assistance, identity protection, continuing education, social support, and recurrent risk assessment to guarantee sustainable victim protection.

2023-12-07

How to Cite

Zuriah, Z., Saputra, T. A., & Novriansyah, M. (2023). The effectiveness of Qanun Jinayat in addressing sexual violence against children: A psychological perspective. An-Nisa’ Journal of Gender Studies, 16(2), 169-186. https://doi.org/10.35719/annisa.v16i2.176

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