Perlindungan Hukum Terhadap Anak Sebagai Pelaku Tindak Pidana Dalam Hukum Pidana Dan Hukum Pidana Islam (Perspektif Qanun)
Abstract
A country has various aspects of regulations made by state institutions, are mandatory, and if violated will be subject to sanctions. Aceh Qanun has similarities with Regional Regulations but there are differences in them, namely Qanun is based on Islamic values while Regional Regulations do not have the obligation to Islamic values. Children are included in the state. Aceh Qanun Number 11 of 2008 provides a definition of a child as someone who is not yet 18 years old, including those in the womb. Meanwhile, the Criminal Law for children is if they have not reached the age of 18 years. Along with the development of today's era, crimes involving children are rampant. Children are not only victims of crime but also become perpetrators of criminal acts. The purpose of this study is to determine the views of Islamic Law on criminal acts whose perpetrators are children with preventive and repressive protection efforts based on Qanun and to find out the provisions and policies of legal protection that regulate the protection of children as perpetrators of criminal acts. The method used is normative juridical research with a statutory, case, and historical approach. Data was obtained through literature studies using primary, secondary, and tertiary legal materials. This research shows that Islamic law prohibits criminal liability for children who have not yet reached puberty. Acehnese law (Qanun) provides a punishment of one-third the punishment for adults, prioritizing guidance and restitution to parents. Meanwhile, the criminal law system emphasizes the principles of diversion, restorative justice, and imprisonment as the ultimum remedium.
Fields of Study & Subjects
Legal and Social Justice Studies
Legal and Policy Analysis in Indonesia
Criminal Law and Policy
Publication details
- Journal / source
- UMS Library Center of Academic Activities (Universitas Surakarta)
- Publication date
- 1 January 2026
- Language
- EN
- Document type
- Thesis