Analisis Yuridis Terhadap Anak Sebagai Pelaku Jarimah Pemerkosaan Berdasarkan Qanun Aceh Nomor 6 Tahun 2014 Dengan Undang-Undang Perlindungan Anak (Studi Putusan Nomor 1/Jn.Anak/2023/MS.Ksg)

Abstract

The phenomenon of sexual violence involving children has significantly increased. Aceh has been recorded as the province with the highest number of child rape cases in Indonesia. According to data from the Women’s Empowerment and Child Protection Office (PPA) of Aceh, there were 752 reported cases of rape between 2022 and 2024. This study aims to analyze the application of legal provisions to children who commit the jarimah (Islamic criminal offense) of rape in Aceh, particularly within the framework of Qanun Aceh Number 6 of 2014 on Jinayat Law and the national Child Protection Law. The involvement of children as perpetrators of sexual crimes raises significant issues within both the national and regional legal systems. The research method used is normative juridical with a case approach, analyzed qualitatively in narrative-descriptive form through a deductive reasoning process—from general principles to specific conclusions. In the case of Decision Number 1/Jn.Anak/2023/MS.Ksg, the judge imposed imprisonment on the child perpetrator of jarimah rape, while still taking into account the child's psychological condition and future. The study recommends harmonization of legal provisions to ensure that the principle of the best interests of the child remains the primary consideration.- The findings of this study reveal significant differences in the legal approaches between the Sharia-based Qanun of Aceh and the national Child Protection Law. The judge’s decision reflects an effort to balance justice, victim protection, and the development of Islamic criminal law within Indonesia’s pluralistic legal system.