THE IMPLEMENTATION OF LAW ON CRIMINAL ACTS COMMITTED BY MINORS FROM THE PERSPECTIVE OF POSITIVE LAW (JUVENILE CRIMINAL JUSTICE SYSTEM LAW NO. 11 OF 2012) AND ISLAMIC CRIMINAL LAW.

Abstrak

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 (SPPA Law), the handling of juvenile offenders emphasizes restorative justice and diversion efforts. Conversely, Islamic criminal law emphasizes 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.