COUNTERPRODUCTIVE OF DIVERSION FOR CHILDREN IN CONFLICT WITH THE LAW: THE CONTEXT OF LEGAL IMPOSITION FROM THE PERSPECTIVE OF ISLAMIC LAW

Abstract

Children are the second generation or first generation. Children who violate the law, especially those related to narcotics or commit criminal acts, are greatly influenced by several other factors outside of themselves. To protect children from the influence of the formal processes of the criminal justice system, human thoughts or legal and humanitarian experts arise to make formal rules for the act of expelling children who break the law or commit criminal acts from the criminal justice process by providing other alternatives that are considered better for children. namely diversion. Meanwhile, Islam provides strict sanctions in the form of ta'zir for drug abusers. This research will use qualitative research that aims to understand a phenomenon that is happening which is observed by researchers. This research was conducted at Polres Parepare because it handles cases of child drug offenders. By means of interviews, observation and documentation. The results of the study show that diversion arrangements to direct narcotics offenders to the future. ). In the analysis of fiqh jinayah, the provisions of Islamic law concerning sanctions for perpetrators of narcotics crimes are minors, in Islamic law, children who are not yet mature, if they commit an act against the law, must be subject to had or ta'zir. I r sanctioned. Because he is not yet (adult) and does not know the rights and obligations in Islam. The fuqaha have agreed that a child who has not reached the age of puberty is not obligatory. Punishment is imposed, if the child commits a sinful act.