Penegakan Hukum Terhadap Kasus Pedophilia Ditinjau Dari KUHP dan Qanun Jinayat

Abstract

This study dealt with a law enforcement on a pedophilia case viewed from KUHP Codes and Qanun Jinayat. A sexual harshness occurred to a child on internal factor originally from another having abnormal sex lustful, still external factor due to advances of informatics technology and informatics on public for available porno films, social media exploiting pornography pictures. The advancement of technology may influence the attitudes of those kids and adults. This point cause those children be on sensitive got sexual hardness it is pedophilia done by fellow male, parent, siblings and others available around environmental. Bases to this study, take then three points of questionable such as; 1) what factors cause taking place pedophilia, 2) how to apply law enforcement to a pedophilia case on Aceh, 3) what actions to be taken by Syariah Court to minimize pedophilia criminal case. This study is an analysis descriptive research method with data research approach, to analyze the data of regulations rules regarding pedophilia cases. In collecting the data, adopted library research and field research. Still, in analyzing the data from variously resources, to classify them according to the purpose and aim of conducting the research. All the data that has been gained and classified should be interpreted later. The result indicated that 1) causes of occurrence any pedophilia cases mostly on the effect of environmental such as seeing video with porno, still external and internal factors, means by internal factor originally from the actor since he got abnormal sexual desires, while in external factor there is connecting with social and cultural aspects and due to advancement of technology and informatics. Still, locally, 2) law enforcement in Aceh region on pedophilia cases refers to KUHP codes as found on Article 287 – 294 KUHP codes where pedophilia cases covering intercourse acts, illicit for which guilty should be jailed for 9 years. Law enforcement with Qanun Jinayat is ruled in a Qanun Jinayat in Article 46 and 47 to this case one as actor should be sentenced with whips in 90 times and set fine with 900 gram or jailed for 90 months. 3) in order to minimize pedophilia acts as provided by Syariah court with syariat trial which by the execution done before public, which aimed at those public may feel wary and ashamed with whips before public, and also his family may see it however.