Analisis Uqubah terhadap Anak di bawah Umur dalam Perspektif Hukum Pidana Islam dan UU Nomor 11 Tahun 2012
Year: 2026
Type: article
Abstract: The criminal liability of minors presents a fundamental challenge in determining the appropriate balance between accountability, child protection, and rehabilitation. This study analyzes the concept of uqubah against minors from the perspective of Islamic criminal law and Law Number 11 of 2012 concerning the Juvenile Criminal Justice System in Indonesia, with particular emphasis on the differences and points of convergence between the two legal frameworks. This research employs normative legal research using statutory, conceptual, and comparative approaches. Primary legal materials consist of the Qur’an, hadith, Islamic criminal law doctrines, and Indonesian legislation, particularly Law Number 11 of 2012. The findings demonstrate that Islamic criminal law does not establish children’s criminal liability solely on the basis of the prohibited act, but also considers legal capacity (taklif), baligh, tamyiz, understanding, intention, and choice. The principle of raf’ al-qalam establishes that children who have not reached puberty are not subject to criminal liability in the same manner as adults, although educational and corrective measures may be imposed within the framework of ta’zir and public benefit (maslahah). Indonesian law similarly adopts a differentiated system through restorative justice, diversion, individualized consideration, and the principle that imprisonment constitutes a last resort, as reflected in Articles 2, 5–7, 69–71, and 81 of Law Number 11 of 2012. The study concludes that the two systems share principles of proportionality, rehabilitation, education, and protection, although they differ in determining legal capacity. An integrative model based on capacity, proportionality, rehabilitation, restorative justice, and maqashid al-shariah can strengthen Indonesia’s juvenile criminal justice framework without compromising legality and legal certainty.
Source: Verdict.
Authors: Ananda Harahap, Akmaluddin Syahputra
Language: English
Subfield: Law
Field: Social Sciences
Domain: Social Sciences
Open Access status: diamond
OpenAlex ID: W7215903506
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