Children's Criminal Responsibilities: Comparative Study in Islamic and Criminal Law

Budiharto Budiharto,Heni Hendrawati,Nurwati Nurwati

doi:10.31603/variajusticia.v14i2.2417

Abstract

The study of criminal liability against child offenders based on Law No. 11 of 2012 concerning the Criminal Justice System of Children and according to Islamic Criminal Law is a very interesting phenomenon to study, especially during this time many phenomena of a minor underage sitting in the accused and detained like a big villain just because of a trivial matter. This study includes the type of research library research, so in this study, researchers conducted data collection through the study and library research on books relating to the problems the authors studied. In analyzing this study, the authors used a comparative method that is comparing child criminal liability in positive criminal law based on Law No. 11 of 2012 concerning the Child Criminal Justice System, with child criminal liability in Islamic criminal law. In Islamic law, a child will not be subject to a punishment for the crime he committed, because there is no legal responsibility for a child of any age until he reaches the age of baliq, qadhi will only have the right to reprimand him or set some restrictions for him to help improve the child in the future. It is expected that this research can contribute to the renewal of national criminal law, especially regarding criminal liability committed by children, taking into account the concepts in Islamic criminal law.

Highlights

In the development of the application of criminal law in Indonesia, the existence of children who commit crimes commonly known as "children" is still being processed legally
The juridical responsibility of minors in the Criminal Code and criminal liability of minors according to Law No 11 of 2012 concerning the Child Criminal Justice System, it is clear that juveniles who commit murder will be processed according to the applicable provisions namely by looking at the elements the article charged is the article contained in the Criminal Code namely Article 338, but the trial process is in accordance with what is regulated by Law Number 11 of 2012 concerning the Child Criminal Justice System
The responsibility of a child who commits a criminal offense is that the threat of punishment for a child committing an act that is against the law is determined by the Criminal Code, where the imposition of criminal sanctions is half of the maximum criminal threat from an adult, while imposing a life sentence and criminal death does not apply to children

Summary

INTRODUCTION

In the development of the application of criminal law in Indonesia, the existence of children who commit crimes commonly known as "children" is still being processed legally. Imam Abu Hanifa limited his maturity at the age of eighteen; according to a history of nineteen years for men and seventeen for women. In terms of Imam Al Mawardi suggested jarimah as follows: Jarimah are actions that are prohibited by syara 'which are threatened with punishments of had or ta'zir. In Islamic criminal law, crimes or criminal acts are usually defined by various terms such as; al-jarimah, al-jinayah, al-janiyah, or al-mukhalafah. “Jarimah is an act prohibited by syara 'which is threatened by Allah with the punishment of had or ta'zir.” (Muslich, 2004: 9)

RESEARCH METHODS

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