The Concept of Unwillingness in Sexual Abuse Cases in Traditional Medicine (Study of Decision 02/JN/2024/Ms.Str)

Sexual harassment in traditional healing practices is a complex phenomenon, often entangled in relationships of trust, the perpetrator's authority, and the victim's vulnerability. This situation raises legal issues, particularly in assessing the victim's unwillingness. This study aims to analyze the victim's unwillingness as an element of the crime of sexual harassment in traditional healing practices, focusing on the judge's considerations in decision No. 02/JN/2024/Ms.Str of the Simpang Tiga Redelong Sharia Court. This study uses a normative juridical method with a decision study approach. Primary data in the form of court decisions are analyzed qualitatively and supported by secondary data including Aceh Qanun No. 6 of 2014 concerning Jinayat Law, victimology theory, and Islamic criminal law literature. This approach is used to examine how judges interpret the elements of sexual harassment crimes, particularly regarding the objective elements, subjective elements, and the meaning of victim unwillingness. The results of this study indicate that the objective element of sexual harassment crimes is fulfilled through the act of touching the victim's vital parts, while the subjective element is fulfilled through the perpetrator's sexual intent. Even though the victim voluntarily attended a traditional healing center, the judge considered that attendance did not necessarily indicate consent. The victim's non-consent is understood as the absence of explicit consent freely given, without coercion, psychological pressure, or manipulation of the power relationship between the perpetrator and the victim. The power relationship inherent in the perpetrator's position as a traditional healer is a significant factor in negating the element of the victim's consent. This study concludes that the victim's non-consent is an essential element in the crime of sexual harassment, which cannot be reduced to mere presence or apparent consent. These findings are expected to strengthen legal protection for victims and serve as a reference for judges in handling similar cases in the future.