THE CONCEPT OF PROTECTION FOR CRIMINAL ACT OF SEXUAL HARASSMENT AGAINST CHILDREN BASED UPON QANUN ACEH NUMBER 6 OF 2014 AT THE SHARIA COURT TAKENGON FROM FIQH PERSPECTIVE

Abstract

The various violation cases of violations frequently occurs, one of which is sexual violence/harassment against children, which frequently appears on television, newspapers and social media as a form of representation that there have been many various types of criminal violations occurred. The misuse of technology, chances and light punishment that is not suitable based on the acts of the perpetrators of criminal acts, especially in the sexual abuse against children are the factors of this phenomenon. This research used a juridical research method with a normative approach in analyzing the judge's decision and linking it to existing facts, law, and Islamic fiqh. The data sources consisted of primary data, which focused on the analysis of judges' decisions regarding sexual abuse against children and secondary data from the introduction of Qanun Jinayah Aceh, Fiqh Jinayah and fiqh books such as Abd al-Qadir `Awdah, al-Tasyri` al-Jina `I al-Islami, Wabhah al-Zuhayli, and al-Fikih al-Islami wa Adillatuh. The results of the research showed that Sharia Court of Takengon is a judicial institution under the Supreme Court implementing justice in Takengon area. The Sharia Court has succeeded in deciding the case in accordance with Qanun No. 6 of 2014, but the decision was found not optimal or not commensurate with what the Defendant has done from a Fiqh perspective. The decision was also found still inappropriate and not commensurate with what the Defendant has done to the child.