APPLICATION OF QANUN NUMBER 6 OF 2014 ON JINAYAT LAW AGAINST ONLINE PROSTITUTION IN BANDA ACEH
Riska Novita Sari , Syahrizal Abbas , Dahlan
Prostitution is one of the complex social problems, considering that prostitution is the oldest civilization in the world and still exists in our society. According to Article 33 (1) of Qanun Aceh Number 6 of 2014 concerning Jinayat Law states that, "Every person who deliberately commits Jarimah Zina, is threatened with 'Uqubat Hudud whip 100 (one hundred) times". This rule applies specifically in Aceh to some of the difficulties given by the central government. The case of online prostitution that occurred in Banda Aceh City, the disclosure of this online prostitution network, officers of the Satreskrim Polresta Women and Children Protection Unit (PPA) secured a suspected pimp alias pimp he secured from the hotel where he delivered two women to customers. However, the article of application of online prostitution is Law No. 11 of 2008 concerning Information and Electronic Transactions and Law No. 19 of 2016 concerning Pornography is regulated in Article 30 jo. Article 4 paragraph (2), Article 4 paragraph (2) of Law No. 44 of 2008 and Articles 2 and 12 of Law No. 21 of 2007 concerning The Eradication of Trafficking in Persons. While in Aceh has rules contained in Qanun Aceh Number. 6 of 2014 concerning Jinayat Law as an act of khlawat and adultery.
This study aims to explain the inhibition of Qanun Jinayat can not be applied to perpetrators of online prostitution crimes in Banda Aceh, explain the factors that cause legal proceedings against online prostitution cases based on Qanun Jinayat, and explain countermeasures to online prostitution cases can be processed based on Qanun Jinayat.
This research is empirical juridical research using the approach of autition of the enactment of legislation. This research took place from June 2020 to June 2021. The data used is primary data and secondary data. Data collection techniques using interview techniques and studying documents and invitations related to this research. Furthermore, the data is processed and analyzed with qualitative descriptive analysis techniques.
The results of this study showed that, Qanun Jinayat can not be applied to the perpetrators of online prostitution crimes in Banda Aceh because Qanun Hukum Acara Jinayat does not provide procedural explanations of this proof, considering that investigators also come from the National Police and PPNS which are also national law enforcement officials. This becomes a strong foundation for law enforcement officials in order to ensnare perpetrators using the rules of the company that is national in nature and also qualified as an act of Cyber Crime or crime through the internet network or more specifically known as Cyber Prostitution with social media means such as, facebook, instagram, telegram, and whatapps has provided a new role in the application of the law in Indonesia. The causal factor is not continued legal proceedings against the case of online prostitution based on Qanun Jinayat namely, influenced by the qanun factor that has not contained the subtansi handling of Islamic Sharia violations digitally, the authority of Islamic Sharia law enforcement diverted into general law because this prostitution case must also require witnesses as many as 4 people which has been affirmed in Qanun Jinayat , facilities and infrastructure in law enforcement such as, mobility as a driver in the enforcement of online prostitution law is minimal. Proof tools that do not exist, because this act is not criminal with the latest mode, and public awareness in eradicating criminal acts khalwat especially protitusi that usually occur in hotels Banda Aceh as the place. Efforts to combat online prostitution can be processed based on Qanun Jinayat, efforts to establish a regulation of digital proof enforcement within the scope of the Government of Aceh and Banda Aceh Government as a form of eradicating khalwat, and zina digitally, Efforts to provide a deep legal understanding related to online media to officers in the fight against online prostitution in depth, so as not to overlap between national law and specificity t erdapat in Qanun Jinayat, and law enforcement efforts that require a firm sanction both in terms of criminal law and customary sanctions against perpetrators. So with a strict sanction, the perpetrator will feel deterred by his actions.
It is expected that the Government of Aceh can take a firm stance in the handling of cases through the internet network such as online prostitution in building the construction of legal thought to Islamic law enforcement officials in Aceh in the handling of cases that can be qualified as violations of Islamic Sharia such as khalwat and zina, so that there is no understanding of dualism of the application of the law.
Keywords: Application of Law, Online Prostitution, and Banda Aceh