Tinjauan Yuridis Tentang Dualisme Kewenangan Penyelesaian Tindak Pidana Kekerasan Seksual Yang Dilakukan Oleh Anak (Kajian Hukum Di Provinsi Aceh)

The implementation of Qanun Number 6 of 2014, which relates to Qanun Jinayat, also had an impact on Aceh's juvenile justice system. Previously, cases involving children who were in trouble with the law were investigated and tried by the District Court; however, cases involving children who were in trouble with the law are now handled by the Jarimah. However, the Special Courts for Children resolve a number of cases using the Child Protection Act, and the Syar'iyah Court resolves cases using the Qanun Jinayat. Legal dualism makes it challenging for offenders and victims to achieve legal clarity, and it also affects the court's ability to decide the case. The results showed that the Aceh Provincial Qanun is a Regional Regulation of the Aceh Province which can overrule other laws and regulations by following the principle of lex specialis derogaat lex generalis. With regard to legal dualism regarding the resolution of cases of sexual violence committed by children in Aceh, it is important to keep in mind that the Qanun was studied by the Acehnese and developed from their local laws. To avoid legal dualism regarding the settlement of cases of sexual violence perpetrated by children, qanun jinayah can be used to resolve these cases. In Aceh there is a special law, namely qanun. Article 7 of the qanun Jinayat states that in the case of Jarimah's actions as stipulated in this qanun and also regulated in the Criminal Code or criminal provisions outside the Criminal Code, what applies is Jarimah's rules in the qanun. So according to the norm, the authority to try cases of criminal acts of sexual abuse of children is the Syar'iyah Court by applying the Qanun Jinayat