HUKUMAN BAGI PELAKU TINDAK PIDANA PEMERKOSAAN TERHADAP ANAK MENURUT UNDANG-UNDANG NO. 35 TAHUN 2014 ANALISIS MAQASHID SYARI’AH

Abstract

This study examines the legal sanctions imposed on perpetrators of child rape under Article of Law Number 35 of 2014 concerning Child Protection, analyzed through the lens of Maqashid al-Shariah as conceptualized by Jasser Auda. The research is motivated by the increasing number of sexual violence cases against children, which have yet to be adequately addressed by the legal system—particularly regarding the immaterial losses suffered by victims. This is a library-based study using a normative juridical approach. The findings reveal that the legal provisions in Article reflect the principles of protecting life and lineage (hifz al-nafs and hifz al-nasl), yet they fall short in addressing the protection of intellect, wealth, and religion, as emphasized by Jasser Auda’s comprehensive framework. Therefore, a more holistic legal reform is needed to ensure justice that centers on the victim's welfare.