E ISSN: 2583-049X
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International Journal of Advanced Multidisciplinary Research and Studies

Volume 4, Issue 4, 2024

Below Minimum Punishment Sentences for the Child Rape Perpetrators



Author(s): Cut Anggiya Fitri, Rizanizarli, Ria Fitri

Abstract:

According to Article 50 of the Jinayat, anyone who intentionally rapes a child will face a punishment of at least 150 times and up to 200 times of 'uqubat ta'zir, or a fine of at least 1,500 grams of pure gold and up to 2,000 grams of pure gold, or imprisonment for a minimum of 150 months and a maximum of 200 months. The accused in the rape case against the child has been found guilty and convicted based on the Judgment of the Court of Sharia’ Banda Aceh No. 47/JN/2021/MS.Bna jo. Judgment of the Supreme Court No. 14/K/Jn/202. The accused has been sentenced to a prison term of 72 (seventy-two) months. Committing an act that is below the minimum threshold stated in Article 50 of the Jinayat is considered a criminal offense. The research approach employed in this study is the Juridic Normative research method. The objective of the study is to elucidate the factors contributing to the deviation from the minimal punishment for those convicted of child rape, from the standpoint of safeguarding children. According to the research findings, the Supreme Court Decision No. 14/K/JN/2022 fails to adequately protect children from perpetrators of child rape. The judge's decision does not examine the traumatic impact experienced by the child, which is a crucial aspect of child protection.


Keywords: Criminal, Below Minimum, Perpetrators, Child Rape

Pages: 855-858

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