UNDERSTANDING THE CORE PROBLEMS OF SEXUAL VIOLENCE. A Comparative Study of the National Criminal Law System and the Maqasid Syariah Dian Andriasari , Amrullah Hayatudin Iman Sunendar
Dosen Hukum Pidana dan Kriminologi Fakultas Hukum Universitas Islam Bandung
Dosen Hukum Keluarga Islam Fakultas Syariah Universitas Islam Bandung
Dosen Hukum Internasional Fakultas Hukum Universitas Islam Bandung
Abstract
What makes this system paradoxical is that it remains based on two paradigms that have been perceived to be at opposition. The discourse on sexual violence that has been developing so far has prompted these phenomena to shift into public conversation. The theoretical framework of religious morality and the paradigm of feminism are both of these concepts. Through the enactment of Law No. 12 of 2022 Concerning Crimes of Sexual Violence (TPKS), this article focuses on criticizing the problematic bases of sexual violence in two key areas. The primary one is how sexual violence has become a legal and social issue. The additional issue is how the maqasid sharia method for understanding sexual violence roles. This study^s methodology will apply the sociolegal approach, while qualitative analysis will be a component. The significance of the research comes from the reality of increasing cases of sexual violence throughout Indonesia regardless of the implementation of legal restrictions. The author argues that a more in-depth and relevant analysis of the phenomenon of sexual harassment is necessary. With the objective to encourage policies that provide a compromise and are acceptable to all spheres of society, the analysis in this paper tries to create a critical discourse in absorbing sexual assault. So that the values of justice and legal advantage can be seen in the state^s policies.
Keywords: Maqasid Syariah, national criminal justice system, and sexual violence.
Topic: Law and Ethics in Terms of Islamic Perspective
