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Criminal Sanction Approach to Liwath (Gay) and Musahaqah (Lesbian) Behavior in Qanun Jinayah Number 6 of 2014

Authors :
Ali Abubakar
Mohd Fadhil Md Din
Deswita Keumala Ulfah
Source :
Syiah Kuala Law Journal. 5:13-25
Publication Year :
2021
Publisher :
LPPM Unsyiah, 2021.

Abstract

Gay and lesbian behavior has entered and developed in Aceh in the aftermath of the 2004 tsunami. As an area that is implementing Islamic law, the issue has become the focus of the community, religious scholarships, and the Aceh Government. Since Qanun Jinayah No. 6 of 2014 applies, there are only 3 (three) liwath cases which were tried with caning by the Syar'iyah Court of Banda Aceh City. The results of law enforcement research on liwath (gay) and Musahaqah (lesbi) perpetrators have not been able to provide a deterrent effect, because the more widespread this behavior develops in society. Additional sanctions should be proposed in the form of actions, such as counseling assistance, religious assistance, and social and health assistance. It is hoped that sanctions will change the behavior of gays and lesbians in terms of their sexual orientation.

Details

ISSN :
25809059 and 25491741
Volume :
5
Database :
OpenAIRE
Journal :
Syiah Kuala Law Journal
Accession number :
edsair.doi...........a1d322c9ecc28728d7077d7a191bfc00
Full Text :
https://doi.org/10.24815/sklj.v5i1.19871