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Perpustakaan Fakultas Syariah dan Hukum
UIN Syarif Hidayatullah Jakarta

This study aims to analyse the regulation and application of rape in Qanun Jinayat in Aceh and in the Sexual Violence Crime Law (TPKS Law). The background of this research is based on the differences in the legal system that applies in Indonesia, especially between national criminal law and Islamic sharia-based criminal law applied in Aceh, which causes differences in definitions, elements, and sanctions for the crime of rape.
The research method used is normative legal research with a statutory approach and a conceptual approach. The data used are in the form of primary and secondary legal materials that are analysed qualitatively.
The results of the study show that there is a fundamental difference between the Qanun Jinayat and the TPKS Law in regulating the crime of rape. Qanun Jinayat categorises rape as jarimah with an emphasis on the aspects of proof and sanctions in the form of uqubat, whipping, fines, or imprisonment. Meanwhile, the TPKS Law provides a more comprehensive regulation by expanding the definition of sexual violence, paying attention to victim protection, and regulating victim recovery mechanisms more systematically. This difference shows the existence of legal dualism that has implications for legal certainty and protection for victims. Thus, there is a need for harmonisation between the two regulations in order to create legal certainty and optimal protection for victims of rape crimes in Indonesia, especially in Aceh.

50/PMH/2026

50/PMH/2026

Perpustakaan FSH Lantai 4

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