Efforts to Overcome the Criminal Acts of Monothesis Among Boarding School Community Communities According to Positive Law and Religious Law (Case Study at Matholi'ul Anwar Boarding School, Wonosobo)

Abstract

This study aims to determine the forms and factors causing the occurrence of criminal acts of sexual abuse in the Matholi'ul Anwar Wonosobo Islamic Boarding School environment, analyzing efforts to overcome criminal acts of sexual abuse in Matholi'ul Anwar Wonosobo Islamic Boarding School if analyzed using positive law in Indonesia and the prevention of criminal acts of sexual abuse in Matholi'ul Anwar Wonosobo Islamic Boarding School if analyzed using Islamic law. This study uses a socio-legal approach. Criminal acts of sexual abuse in Matholi'ul Anwar Wonosobo Islamic Boarding School occurred due to the deception of caregivers towards children, as regulated in Article 82 in conjunction with Article 76E of the Child Protection Law, with triggering factors in the form of weak internal supervision, lack of understanding of sexuality education, abuse of position, and a culture of covering up the institution's disgrace. Countermeasures according to positive law are carried out through the synergy of the Police, the Prosecutor's Office, and the Court based on the Criminal Code and the Child Protection Law, including repressive and preventive measures, but still require consistent application of the law for the certainty and protection of students. Meanwhile, according to Islamic law, prevention is carried out through the application of ta'zir or hudud punishments according to the severity of the violation, as well as strengthening morals, faith, and the exemplary behavior of caregivers. Thus, positive law and Islamic law both emphasize justice, victim protection, and moral development as integral efforts to prevent sexual abuse in Islamic boarding schools. The research in writing this thesis is descriptive-analytical. Based on the research, conclusions are drawn.