Authority to Prosecute Sexual Violence Cases Against Women and Children Between District Courts and Syar'iyah Courts in Indonesia

Abstract

This research is based on the same authority in adjudicating cases of sexual violence against women and children between district courts and syar'iyah courts in Aceh Province, between district courts and syar'iyah courts in Aceh Province both still adjudicating sexual violence against women and children. This study used normative juridical methods. District courts and Shar'iyah courts are both given authority by law to try cases of sexual violence against women and children, but with different sources of authority, namely the source of authority of district courts based on Article 50 of Law Number 2 of 1986 concerning General Courts Jo. Article 25 paragraph (2) of Law Number 48 of 2009 concerning Judicial Power while the source of authority of the Shar'iyah Court is limited regulated in Articles 46 to 50 of Aceh Qanun Number 6 of 2014 concerning Jinayat Law

Keywords: Authority to prosecute, sexual violence, women, children, syar'iyah courts, Indonesia

DOI: 10.7176/JLPG/134-04

Publication date:July 31^st 2023