Sexual Violence Against Children and its Sentencing System from the Perspective of Indonesian Criminal Law and Islamic Criminal Law

Abstract

With the widespread of media coverage on child sexual abuse cases has got serious public attention and resulted the government declaring as Year of Emergency Child Sexual Abuse. This study aimed to analyze about the comparison in the philosophical aspects and sentencing system of the perpetrators of sexual violence against children based on Indonesian criminal law and Islamic criminal law. This research used the type of doctrinal legal research, using the comparative approach and regulatory approach. The research showed that to protect children as the future generation of the nation, the state has enacted several laws, including Law Number 35 of 2014, which amends Law Number 23 of 2002 on child protection, and Law Number 11 of 2012 on the Juvenile Criminal Justice System Act, while on the Islamic side, child protection entails ensuring the fulfillment of children's rights and safeguarding them from potential damage, as explicitly outlined in the verses of the Al-Qur'an and hadith of The Prophet Muhammad (peace be upon him). Considering the significant consequences of sexual abuse against children, the government has adopted a range of legislation and fines that the government punish people who sexually abuse children according to Articles 81, 81A, 82, and 82A of Law Number 23 of 2002 on Child Protection, while on the Islamic sides, the intersection of chemical castration with the Shar'i, al-Madi, and al-Adabi elements is explored. It is OK for Ulil Amri, the king, to inflict chemical castration as the primary criminal punishment, as it aligns with the objectives of ta'zir, which are to educate and prevent.