The Qanun Jinayat Discriminates Against Women (Victims of Rape) in Aceh, Indonesia

Abstract

This paper seeks to see how the Qanun Jinayah discriminates against women who are victims of rape. In Qanun Jinayah in article 52, paragraph 1, explain that the victim of rape must include evidence at the time of report. The Qanun Jinayah clearly makes a double burden on the victims where women victims of rape must present evidence and witnesses. Whereas in the criminal law (KUHP), evidence and witnesses are the responsibility of the investigator. This study seeks to see how the discriminatory impacts experienced by victims (women) after the Qanun Jinayah is implemented. Furthermore, this paper uses qualitative method with in-depth interview. The hypothesis of this paper is that Qanun Jinayah has discriminated against women especially the victims of rape and this allows the occurrence of injustice and violation of human rights.

Non-Muslims in the Qanun Jinayat and the Choice of Law in Sharia Courts in Aceh

“…The reason is that the Qanun is against the 1945 Constitution, which guarantees every citizen to embrace and practice his/her religious teachings (Danial 2012). In line with that, Fadlia (2018) demonstrates that the QJA, which came into effect on 23rd October 2015 in the Veranda of Mecca (another name for Aceh), shows a tendency of women discrimination and unable to protect Acehnese women from violence. Consequently, such ineffectiveness strengthens Qanun's provision as the driven way of women discrimination and criminalization.…”

Seeking Justice Through Qanun Jinayat: The Narratives of Female Victims of Sexual Violence in Aceh, Indonesia

“…In addition, Aceh's Qanun No. 9/2008 regarding the development of the custom and tradition in certain conditions becomes an alternative in solving legal problems that prevail in the communities (Fadlia & Ramadani, 2018).…”

“…In the meantime, patriarchism influences the process of resolving cases of sexual violence through Islamic justice mechanisms in Aceh (Afrianty, 2011(Afrianty, , 2015(Afrianty, , 2016(Afrianty, , 2018aAnsor, 2014;Fadlia & Ramadani, 2018). It is recognized that the enactment of Qanun Jinayat does not necessarily negate the existence of other laws, but the option of legal settlement based on the Qanun Jinayat mechanism is considered more dominant than other options (Grossmann, 2014(Grossmann, , 2016Madanih et al, 2018;Salim, 2015).…”

“…For its supporters, it is a major breakthrough because the Qanun (a) adopts the definition of rape more broadly than stipulated in the Criminal Code, and (b) regulates victims' rights to restitution, which is not regulated in the Criminal Code (Madanih et al, 2018). Meanwhile, the critics assess that the regulation of rape and sexual harassment through Qanun Jinayat tends to harm the victims (Afrianty, 2011(Afrianty, , 2018aFadlia & Ramadani, 2018;Grossmann, 2016). The penalties for perpetrators of sexual violence are considered lighter than those in the Criminal Code, which indicates the weakness of gender sensibility in the regulation.…”

“…Violence against women due to religious law is a latent problem faced by Muslim-majority countries (Afrianty, 2018b;Fadlia & Ramadani, 2018;Minocha, 2020). Holden and Chaudhari (2013) argue that religious legislation in the state legal system often presents situations where women are being discriminated against in both the domestic arena (Aisyah & Parker, 2014;Kapur & Zajicek, 2018;Sheikhbardsiri et al, 2017), as well as in daily life in public spaces (Takyi & Lamptey, 2020).…”