Zulkarnaeni
Universitas Islam Indonesia Yogyakarta, Indonesia
Correspondence Email: This email address is being protected from spambots. You need JavaScript enabled to view it.

Abstract

This study aims to analyze the selection of the type of ‘uqūbat ta‘zīr in the verdict of sexual harassment and rape at the Mahkamah Syar’iyah Singkil in 2021–2023, as well as review the judge's considerations with the Maqaṣid al-syarīah approach. The focus of the study includes the implementation of SEMA and its conformity with the values of Maqaṣid al-syarīah in the selection of the type of ‘uqūbat ta‘zīr. This study employs a library research method, utilizing primary data in the form of decisions by the Mahkamah Syar’iyah Singkil and interview results, as well as secondary data from regulations, qanun, and relevant literature. The approach used is normative juridical.

The results of the study can be concluded that the panel of judges has implemented SEMA Number 10 of 2020 in imposing ‘uqūbat ta‘zīr in the form of prison. The implementation of SEMA reflects preventive efforts against recidivism, as well as a form of protection and recovery for victims, and a means of legal education (tadabbur) for the community. Normatively, the judge's consideration follows the principles of maqāṣid Sharia, especially in the aspect of ḥifẓ nafs. However, the application of the values of ḥifẓ nasl and ḥifẓ mal has not been optimal, considering that there is no verdict accompanied by the obligation to pay restitution to the victim during this period. Therefore, the integration of the restitution component in the verdict is urgent to strengthen the aspects of substantive benefit and justice in the judicial system.

 

---

 Read more