Perlindungan Anak dalam Perspektif Hukum Islam dan Qanun Aceh Nomor 11 Tahun 2008

Abstract

This paper aims to study child protection in Islamic law perspective, and how the perspective has
derived into the Qanun Aceh on child protection. Islamic law discusses child protection as child
nurture/safeguards (hadhanah) and custodian (walayah). Child protection means fulfilling
children's rights and protection from the harmful situation or things that could be a danger to their
physics, soul, and property. On the national level, the Indonesian government stipulated the
Undang-Undang Number 35 Year 2014 on Child Protection, so at the regional level, the
Government of Aceh followed up by stipulating the Qanun Number 11 Year 2008 on Child
Protection. The Qanun states that child protection aims to ensure the right for life, grow, develop,
and participate optimally as well as humanistic value and dignity, and children get protection from
exploitation, violence, and discrimination. Those all protections toward to realize the good quality of
children in Aceh, good morality, and wealth. Child protection is conducted through religion, custom,
socio-cultural development. It puts forward basic principles, namely anti-discrimination, the child's
needs-response, the right to live, and appreciation. Substantially, the Qanun contains all rights in
protecting the child. But there are needs in socializing and optimizing the law enforcer in protecting
children. This study found many indicators on the less of child protection in Aceh. Recently, Aceh
stands as the third-highest rank province in Sumatera with the number of child violence.
Furthermore, children's sexual harassment becomes the most reported case.