REFORMULATION OF SEXUAL HARASSMENT REGULATION IN JINAYAT LAW: A VICTIM-CENTERED APPROACH IN THE WORKPLACE

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Andi Kirana, Mohd. Din, Husni, Iman Jauhari

2026 Petita: Jurnal Kajian Ilmu Hukum dan Syariah Vol. 11 Issue 1 Article Cited by 0 SDG 5 Quartile

Abstract

The alternative punishments for perpetrators of sexual harassment in the Qanun Jinayat—whipping, fines, or imprisonment—can have adverse effects on victims, especially when the harassment occurs in the workplace. The option of whipping may allow perpetrators to return to the same work environment as their victims shortly after serving their sentence, potentially causing psychological distress and undermining workplace safety. This study aims to analyze the regulation of sexual harassment from a victim protection perspective and propose an ideal reformulation that ensures a safer work environment. Employing qualitative research methods, data were collected through interviews and literature reviews, and analyzed qualitatively. The findings indicate that the current alternative punishments in the Qanun Jinayat do not fully consider victim protection, particularly in workplace settings. This oversight negatively impacts workplace dynamics and the psychological well-being of employees who may have to interact with the perpetrator post-punishment. A policy reform that prioritizes victim protection and fosters a secure work environment is essential in revising the Qanun Jinayat. © 2026, Lembaga Kajian Konstitusi Indonesia (LKKI), Fakultas Syariah dan Hukum, Universitas Islam Negeri Ar-Raniry. All rights reserved.

Affiliations

Universitas Syiah Kuala, Banda Aceh, Indonesia

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