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Penerapan Hukum Terhadap Tindak Pidana Pada Anak Dibawah Dalam Perspektif Sistem Peradilan Pidana Anak NO 11 Tahun 2012 Dan Hukum Pidana Islam

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This study aims to analyze the implementation of legal measures in response to criminal acts committed by minors, viewed from the perspectives of both positive law and Islamic criminal law. Children who commit criminal offenses require a distinct legal approach, considering their status as individuals who are not yet mature, both psychologically and legally. Under Indonesia’s positive legal system, particularly based on Law No. 11 of 2012 on the Juvenile Criminal Justice System (UU SPPA), the handling of juvenile offenders emphasizes restorative justice and diversion efforts. Conversely, Islamic criminal law stresses moral responsibility and education, using the concepts of tamyiz (discernment) and baligh (puberty) as benchmarks for legal accountability. This research employs a qualitative approach using normative and empirical juridical methods. Data were collected through literature review and interviews with legal experts and practitioners in the juvenile justice system. The findings indicate that under positive law, the implementation of diversion at the stages of investigation, prosecution, and trial serves as a preventive measure to protect the rights of the child and prevent social stigma. In Islamic law, the principles of maslahah (public interest) and tarbiyah (education) form the core foundations for rehabilitating juvenile offenders. The study concludes that although there are differences in approach between positive law and Islamic criminal law, both share a common goal: to safeguard the best interests of the child while promoting rehabilitation and social reintegration. This study recommends strengthening the synergy between positive law and Islamic legal values in addressing juvenile delinquency in order to establish a just and humanistic legal system. Keywords: Juvenile Crime, Positive Law, Islamic Law, Diversion, Restorative

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Detail Information

Series Title

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Call Number

REF 345.08 NAU p

Publisher

Bogor : Universitas Islam Tazkia., 2025

Collation

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Language

Indonesia

ISBN/ISSN

NIM.18104007

Classification

345.08

Content Type

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Media Type

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Carrier Type

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Edition

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Subject(s)

Islamic Law
Positive Law
Juvenile Crime
Diversion
Restorative Justice

Specific Detail Info

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Statement of Responsibility

Muhammad Rayhan Naufal

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