Analisis Kasus Pembuangan Bayi(Studi Kasus Putusan Nomor 48/Pid.Sus/2023/Pn.Pct)

The case of baby abandonment is a form of crime that still frequently occurs in Indonesia and is a serious concern because it concerns the protection of children's human rights as weak creatures in need of protection. This phenomenon not only violates legal norms, but also contradicts the moral, religious, and social values of society. In Decision Number 48/Pid.Sus/2023/PN.Pct, the judge considered the legal aspects in the form of evidence as regulated in Article 184 of the Criminal Procedure Code and the application of Article 80 paragraph (3) in conjunction with Article 76C of the Child Protection Law, as well as non-legal aspects, such as the psychological condition and social background of the defendant. This study uses a normative legal method with a statutory approach and case studies, where the analysis focuses on the judge's considerations, the application of related articles, and their relevance to the principles of child protection in positive law and Islamic law. The results of the discussion indicate that the application of positive law is in accordance with applicable provisions, although the decision is also influenced by non-legal considerations. Meanwhile, Islamic law prohibits abandoning babies, which can be punished with qisas (retribution), diyat (retribution), or ta'zir (retribution), depending on the motive and consequences of the act. This underscores the importance of synergy between positive law and Islamic law in ensuring child protection.