| dc.description.abstract | The title of the thesis: Related Crime sacrilegious Based Criminal Law
(Penal Code) in Indonesia and Islamic Law in Aceh (A Case Study in Banda
Aceh)." Aceh is given special autonomy in Indonesia in implementing the Islamic
Sharia. The application of legal sanctions for the perpetrators of the crime of
wanton in Aceh currently using Qanun No. 14 of2003 on Khalwat/immoral act in
which it explains every action which leads to adultery. The perpetrators in
prostitution consist of prostitutes, procuresses, place providers, and philanderers.
The problems of the research were as follows What factors influence still
sacrilegious offenses related to prostitution in the city of Banda Aceh, How
Islamic Law in Aceh action against the perpetrators of the crime of prostitution related
asuslila. and How Comparison in the application of legal sanctions
between criminal law (Criminal Code), and Islamic Law in Aceh in an effort to
minimize the prostitution-related criminal acts immoral.
The research used judicial sociological and normative method with
descriptive analytic approach which was expected to get detailed and systematic
description of research problems. The data were analyzed carefully, based on the
description and the facts, in order to answer the problems.
Crime related immoral or prostitution Prostitution is a social problem that
was and remains in Aceh, prostitution has existed in Aceh which is caused by the
economic, sociological, and psychological factors. Although no single regulation
which regulates prostitution, from its activity it violates Article 2 of Qanun No.
14/2003 on Khalwat which states that it leads to adultery. Qanun Khalwat states
that every action which leads to adultery, such as staying close with someone who
is not his muhrim will be punished. On the other hand, the Criminal Code only
imposes the sanction on place providers (Article 296) and procuresses (Article
505) while the prostitutes are only given warning and rehabilitated. Qanun No.
14/2003 on Khalwat is only an alternative in punishing the perpetrators in
prostitution while conventional law like the Criminal Code only punishes some
parts of the perpetrators in prostitution. In Qanun Khalwat, any individual can be
punished when he does some action which is categorized as adultery. It is
recommended that some elements in Qanun should be included in the Criminal
Code in order that any perpetrator in prostitution can be punished. | en_US |
