Open AccessPERLINDUNGAN HUKUM TERHADAP KORBAN KEKERASAN SEKSUAL DALAM KAJIAN HUKUM ISLAM
Author(s) -
Helen Intania Surayda
Publication year - 2017
Publication title -
jurnal ius constituendum
Language(s) - English
Resource type - Journals
eISSN - 2580-8842
pISSN - 2541-2345
DOI - 10.26623/jic.v2i1.543
Subject(s) - sexual violence , legislation , islam , political science , normative , law , economic justice , state (computer science) , criminology , psychology , sociology , theology , philosophy , algorithm , computer science
Legal protection for the interests of sexual violence victims either through the judicial process or by means of social care, is part of the legal policy. The legislation that becomes the reference for handling the sexual violence cases makes it difficult for women to access justice. The elasticity of Islamic law is highly adaptable to the dynamics of social change and the advance of the world. Multidimensional nature within the scope of Islamic law covers all aspects of human life. The purpose of the establishment of Islamic law is to realize the benefit for mankind. Just as the recovery of sexual violence victims is related to the victim's invidual benefit. The problems in this thesis are: a) how legal protection for sexual violence victims seen from positive law, b) how the legal protection for sexual violence victims in the concept of Islamic law study. To answer the problems, research with juridical normative approach method with specification of analytical descriptive research is conducted. The type of data used in this research is secondary data. Based on the conducted research, it is found that protection for sexual violence victims have not been optimally facilitated by the state. The recovery of the violence victims must be broadly understood, not only in medical, legal or psycho-social interventions but also in the creation of situations in which the victims of violence can be fully empowered, so they are able to take decisions in their lives and are able to resume their roles in society as women and citizens. The law is always positive law, and the legal positivism lies on the fact that the law is created and abolished by human actions, so apart from the morality and the norm systems themselves. The aspects of maslahah mursalah if applied to the legal protection for the victims of violence do not use normative approach as the case in general but the one which is used is the rights of the victims to take precedence in its handling.