The defendant in the case of child rape, SU (45) was acquitted by the Aceh Syar’iyah Court on appeal. The decision was taken based on the rules of jarimah (rape and sexual harassment) in qanun jinayah that took place in Aceh. The act of jarimah is regulated in the Aceh Qanun concerning Jinayah Law. However, the Director of the Banda Aceh Legal Aid Institute (LBH), Syahrul, assessed that the implementation qanun jinayah not on the side of the victim. Especially in the case of child rape.
“The jinayah qanun does not have a child protection perspective. It means that the jinayah qanun only talks about how to punish the perpetrator. It doesn’t talk about how to recover the victim after the incident. How to prevent the act from happening in the first place,” he told Mouab, Monday (11/10).
According to Syahrul, rape cases, especially when children are victims, should be handled by the Child Protection Law, not qanun jinayah.
“If we compare it with the Child Protection Act, even since the perpetrators have been persuaded, they can be punished. It’s different from that.” qanun jinayah, there must be action first. That is, since prevention qanun jinayah lost,” he said.
continued Syahrul, the use of qanun jinayah In the case of child rape, it is also often detrimental to the victim. Especially when the victim needs recovery after experiencing an act of sexual violence.
“Looking at the Child Protection Law, rehabilitation is imposed on the country. If qanun jinayah Then the recovery must come directly from the family because it is not mandated there,” he said.
Not only that, qanun jinayah also unable to protect children after being victims of sexual violence. Syahrul said, qanun jinayah cannot guarantee protection for victims of sexual violence including rape. For example, protection against bullying that will be experienced by victims in their homes.
“Unlike the Child Protection Law, after the incident, the government through a unit that has been formed by the state must monitor it. If negative things happen to the child (victim), and the family, it must be evacuated and its continuity guaranteed. So that children can grow and get rights -its rights. Qanun jinayah does not order that,” he said.
Based on the records of LBH Banda Aceh, the acquittal that was given by the Aceh Syar’iyah Court to the accused in the rape case was not the first.
“This is not the first case where the decision is acquitted against perpetrators of sexual violence against children at the Aceh Syar’iyah Court. If I’m not mistaken, this is the third,” he concluded.
Meanwhile, the commissioner of the Aceh KPPA (Child Supervision and Protection Commission), Firdaus Nyak Idin, said the acquittal of the defendant SU had strengthened the assumption that there were systemic problems with the implementation of the acquittal. qanun jinayah in handling cases of sexual violence against children in Aceh.
“In the context of human resources, especially judges, the Syar’iyah Court is still filled by some judges who were originally judges at the Religious Courts. Where the Religious Courts from the start were not built with adequate knowledge and skills on criminal issues such as sexual violence against children. But only on civil matters,” he told Mouab.
Firdaus continued, qanun jinayah it is designed only to regulate certain crimes. So that it does not at all mention the issue of fulfilling the rights to rehabilitation and welfare for children who are victims of sexual violence. That’s why, according to him, the qanun jinayah is poor and dry from the perspective of child protection needs to be revised immediately.
“This has encouraged the Aceh KPPA and other civil elements to consistently support efforts to revise the qanun jinayah. We propose only minor revisions, namely to revoke articles related to children,” he said.
Firdaus explained that Article 47 related to sexual abuse of children and Article 50 on child rape contained in the criminal law must be repealed. Thus, the cases listed in the two articles are no longer handled by using the criminal law but by using the Child Protection Law and the Child Criminal Justice System Law.
“So that the judiciary has a more child perspective. The decision (also) prioritizes the fulfillment of the rehabilitation and welfare rights of child victims,” he explained.
KPPA Aceh together with LBH Banda Aceh also criticized several other high-risk articles, such as Article 1 Paragraph 40 related to the definition of a child, Article 34 related to child adultery, and Article 63 Paragraph 3 and Article 64 Paragraph 3 related to same-sex relations.
“The articles in question have the potential to lead children to become perpetrators and be punished by whipping under the pretext of consensual consent. Because they deny the possibility of violence at the beginning of the case,” he said.
In the case of rape with the defendant SU. In fact, the Jantho Syar’iyah Court has sentenced SU to 180 months in prison. The verdict was strengthened by evidence obtained by the judge based on the child’s statement, the results of the post-mortem, and evidence of witness testimony from the victim’s parents.
However, SU, who is a civil servant of the state, did not accept the verdict and appealed to the Aceh Syar’iyah Court. The appeal submitted by SU was accepted by the Aceh Syar’iyah Court.
The Aceh Syar’iyah Court overturned the Jantho Syar’iyah Court’s decision and stated that the defendant SU was not legally and convincingly proven guilty of raping his daughter with the initials K. The judge at the Aceh Syar’iyah Court considered that the victim’s statement could not be used as evidence because still a minor and no other witnesses saw the finger.
Meanwhile, the public prosecutor from the Aceh Besar District Attorney, Shidqi Noer Salsa, who is handling this case has filed an appeal to the Supreme Court regarding the appeal decision.
“We just filed an appeal. Maybe in the next two or three days we will send a memorandum of cassation to the Supreme Court,” he told Mouab. [aa/ab]