Between law and society : unveiling the rising sexual violence cases in Aceh under qanun jinayat

Abstract

This study examines the implementation of Qanun Jinayat in handling cases of sexual violence in Aceh, focusing on the patterns and substance of Sharia Court decisions, as well as how social and cultural dynamics influence the judicial process. Although the Qanun Jinayat was designed as a Sharia-based legal instrument regulating criminal offenses, including sexual harassment and rape, its practical application has revealed several issues, uses a socio-legal approach with qualitative methods, involving analysis of a particularly in terms of evidence, victim protection, and substantive justice. This study number of Sharia Court rulings in Aceh as well as interviews with relevant parties, including legal officials, activists, and survivors. The results of the study show that there are disparities in court decisions, particularly in terms of consistency of verdicts, understanding of power relations, and the limited perspective of victims in the judges' considerations. In addition, the dominance of patriarchal culture and masculine interpretations of religion further weaken the position of victims in the legal process. The findings also show that the Qanun Jinayat still tends to emphasize symbolic and moral aspects rather than building a legal system that is responsive to the needs of victims. This situation is exacerbated by limited resources, a lack of gender-sensitive training, and limited access to support services.