FLAGELLATION IMPOSED AS A SANCTION BASED ON THE ASPECT OF CHILD PROTECTION

Abstract

Aceh came up with a sharia-based compilation of penal law, Qanun Number 6 of 2014 concerning Jinayat Law. QanunJinayat governs the provisions regarding a child involved in jarimah, where several principles set forth in the regulatory provisions differ from those in the national judicial system of juvenile crime. This study discusses the differences in the handling of the violation of Qanun Jinayat by children on which flagellation is imposed in terms of the aspect of child protection. This study was conducted based on socio-legal and socio-juridical approaches. The research result shows that flagellation imposed on a child contravenes the child protection principle in the national judicial system of juvenile crime. The flagellation regulated in Qanun Jinayat is based on the consideration suggesting that flagellation is the essence of punishment in Islamic law. Qanun Jinayat should be evaluated by referring to the principle of child protection in the national judicial system to reach the objectives of legal protection in children especially those facing legal disputes.