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VOL. 11, ISSUE 1 (2025)
Determination of children's status as suspects in Commissioning Jarimah Cases
Authors
Muhammad Arifin, Mohd Din, Ali Abubakar
Abstract
Article 66 of Aceh Qanun Number 6 of 2014 on
Jinayat Law, hereinafter referred to as the Jinayat Law, stipulates that if a
child under the age of 18 (eighteen) commits or is suspected of committing a
Jarimah (offense), the child must undergo an examination in accordance with the
regulations on juvenile criminal justice. Therefore, all examination processes
for children, both physically and administratively, must comply with Law Number
11 of 2012 on the Juvenile Criminal Justice System, hereinafter referred to as
UUSPPA. In the jurisdiction of the Takengon District Court, there was a Jarimah
case in 2023 involving a suspect aged 16, who was already married. During the
resolution of this case, the examination process did not follow the provisions
of Article 66 of the Aceh Qanun Number 6 of 2014, as the child was treated as
an adult, and the process did not comply with the laws on juvenile criminal
justice, namely Law Number 11 of 2012 on the Juvenile Criminal Justice System
(UUSPPA). This study aims to inventory regulations related to the age limit of
a child committing a Jarimah, the application of law to children who are
married in Jarimah cases, and to explain the legal consequences of court
rulings in Jarimah cases involving married children. This is a normative
juridical study based on primary legal materials, examining legal theories,
concepts, principles, and regulations related to this research. The research
findings indicate that the regulation of children who are married as subjects
facing the law refers to the principle of lex specialis derogat legi generali,
meaning that regulations specifically governing children should be applied. In
this case, the applicable laws are Law Number 23 of 2002 on Child Protection
and Law Number 11 of 2012 on the Juvenile Criminal Justice System, which state
that a child is someone under the age of 18, including a child still in the
womb, regardless of marital status. There is inconsistency in the application
of the law to married children involved in Jarimah cases between the Aceh Qanun
of 2014 on Jinayat Law and the Juvenile Criminal Justice System Law, creating
legal uncertainty in cases involving children who are married. The Jinayat
Qanun, particularly Article 66, does not explicitly discuss how marital status
affects the legal treatment of children under 18, leading law enforcement
officers to treat married children as adults, although the child’s age should
remain the primary reference. This practice contradicts the principle of child
protection regulated in the Juvenile Criminal Justice System Law, including the
right to rehabilitation and the use of restorative justice approaches.The court
rulings that treat married children as adults have significant legal and social
consequences. Furthermore, this inconsistency in the application of the law
creates a bad precedent for similar cases in the future and creates a gap in
the judicial system in Aceh. Therefore, legal harmonization between the Jinayat
Qanun and the Juvenile Criminal Justice System Law is essential to ensure that
child protection is maintained without violating Sharia principles. It is
recommended that the Aceh Government harmonize Aceh Qanun Number 6 of 2014 on
Jinayat Law and Law Number 11 of 2012 on the Juvenile Criminal Justice System.
This harmonization should include clear provisions on the application of the
law to children, both married and unmarried, with age remaining the primary
reference. Both central and regional governments must ensure consistency in the
age limit for children across various laws, including the Jinayat Qanun, the
Juvenile Criminal Justice System Law, and other regulations. A child’s age
should remain capped at 18, regardless of marital status, so that child
protection principles can be consistently applied. Marital status should not be
the determining factor of legal maturity, as age is the most objective
reference in determining a person’s capacity for criminal responsibility. The
Aceh Government should provide training and enhance understanding among law
enforcement officers regarding the implementation of the Jinayat Qanun and the
Juvenile Criminal Justice System Law, particularly in cases involving children.
Law enforcement officers must understand the importance of using age as the
main reference in juvenile criminal justice proceedings and ensure that
restorative justice mechanisms are applied.
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Pages:43-48
How to cite this article:
Muhammad Arifin, Mohd Din, Ali Abubakar "Determination of children's status as suspects in Commissioning Jarimah Cases". International Journal of Law, Vol 11, Issue 1, 2025, Pages 43-48
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