Responsibility for the Criminal Act of Rape (Case Study Decision Number 3/JN/2023/Ms.Mrd)
Keywords:
Accountability, Criminal Acts, RapeAbstract
Case of rape in Aceh, particularly in Meureudu, is increasingly widespread, with minors as the primary victims. The highlighted case involves the rape of a mentally challenged woman by a pornography addict named Din Kohler. The incident occurred during the celebration of the Prophet Muhammad’s birthday at Meunasah Meureudu. The perpetrator, Din Kohler, who is divorced, unleashed his deviant sexual desires on the victim. The case was reported by the victim’s mother and forwarded to the police. Despite the perpetrator attempting reconciliation, the victim refused, and the perpetrator fled, becoming a Wanted Person (DPO). The perpetrator was eventually arrested after a month in hiding. Discrepancies in the statements between the victim and the accused created issues in the verdict number 3/JN/2022/MS.Mrd. This study employs a qualitative approach with an empirical juridical research type. The legal research method gathers data from behavior and conduct through interviews and direct observation. The research focuses on the application of sanctions by the Meureudu Sharia Court in accordance with Aceh Qanun Number 6 of 2014 concerning Jinayat Law, especially in verdict Number 3/JN/2022/MS.Mrd. Criminal sanctions are a form of punishment imposed by the state on perpetrators of crimes, with the aim of changing the perpetrator’s behavior and create a deterrent effect. In this case, the judge’s decision is based on Aceh Qanun Number 6 of 2014 on Jinayat Law, where the defendant is sentenced to ‘Uqubat Ta’zir imprisonment for 43 months. The judge referred to the evidence and testimonies presented in court. The judge’s considerations in this decision involve the use of evidence, physical evidence, and elements of the criminal act, as well as aggravating and mitigating factors for the defendant.
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