TINJAUAN SUBJEK HUKUM TINDAK PIDANA KHALWAT DALAM QANUN NO. 14 TAHUN 2003

  • Fadli Ibrahim Universitas Islam Negeri Ar-Raniry Banda Aceh

Abstract

Seclusion with the opposite sex is an act that violates Islamic law, but this is
considered commonplace among young people now. They consider it to be
ordinary and trendy behavior today. Exaggeration and conversations with
the opposite sex are considered normal without considering the effects
caused by the behavior, so the rampant practice of khalwat violations is
rampant everywhere, even the unfortunate thing is that the perpetrators are
underage children which gives rise to an assumption of how aspects the law
for handling khalwat cases in Qanun number 14 of 2003 which has been
arranged in such a way and how the provisions of the subject of khalwat law
according to Qanun No. 14 of 2003. After further investigation, it was
obtained, firstly the legal aspects contained in Qanun No. 14 of 2003
included the definition of khalwat article 1, the participation of the
community in prevention and prevention, namely articles 8, 9, 10, 11 and 12,
supervision and guidance, namely articles 13, 14 and 15, investigations and
prosecutions, namely articles 16, 17, 18, 19, 20 and 21, the provisions of
'uqubat are articles 22, 23, 24 and 25, and the implementation of' uqubat
against the perpetrators, namely article 26, 27, 28, 29 and 30. Second, the
subject of khalwat law in Qanun No. 14 of 2003 is not specifically and
specifically regulated, if those who do it are adults, it will be processed in
accordance with applicable regulations, but if those who do it are underage
adolescents, hence there is a legal obscurity here, so that the parties running
the field only provide mentoring and mental rehabilitation, this is due to the
absence of provisions that can be used as a basis for law enforcement. um
against the perpetrators of khalwat by underage adolescents, and this is a
legal imbalance in the implementation on the ground by the Wilayatul
Hisbah. Therefore, it is necessary to review the qanun, so that deficiencies
can be improved.

Published
2019-12-02