Sexual Harassment Against Children the Perspective of Islamic Law and Legislation

Abstract

This article discusses the causes and impacts of child sexual abuse and its legal consequences. The background for taking this title saw the condition of the Samarinda people who are known as religious people, but there are still many cases of sexual abuse against children. This can be seen in the judge's decision at the Samarinda High Court. The purpose of this writing is to find out the causes of sexual harassment that occurred in Samarinda City and the legal consequences received by the perpetrators from the perspective of Islamic law and Law Number 35 of 2014 concerning Amendments to Law Number 23 of 2002 concerning Child Protection. field research (field research) using a qualitative descriptive approach. Data was collected by conducting interviews and literature studies of fiqh and positive law books related to the problem under study. After the data is collected, it is processed using the comparative method. From the discussion it can be concluded that the cause of sexual abuse against children is due to internal and external factors in the family. The punishment received by the perpetrator in Islamic law is 100 lashes and stoning to death while in Indonesian positive law the perpetrator is punished and violates Article 55 paragraph (1) of the Criminal Code and Article 65 paragraph (1) in conjunction with Article 81 paragraph (2) of the Law Child protection.