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All Journal AL-MAIYYAH Al-MAIYYAH : Media Transformasi Gender dalam Paradigma Sosial Keagamaan
Rafid, Noercholis
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SANKSI PIDANA BAGI ANAK YANG BERHADAPAN DENGAN HUKUM PERSPEKTIF FIQIH JINAYAH Rafid, Noercholis; Saidah, Saidah
AL-MAIYYAH : Media Transformasi Gender dalam Paradigma Sosial Keagamaan Vol 11 No 2 (2018): AL-MAIYYAH
Publisher : LPPM IAIN Parepare

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (682.661 KB)

Abstract

This paper aims to determine the criminal acts of children along with criminal sanctions given as preventive measures. By using qualitative data and through juridical and theological normative approaches it was found the conclusion is criminal acts of children are acts carried out contrary to the Law contained in the Criminal Code. The cause of child delinquency is caused by internal factors, namely family and external, namely environmental conditions. In jurisprudence jurisprudence there is no criminal sanction against the child for the crime he committed, because he is considered not yet competent legally, but a judge is allowed to sanction educational actions so that the child can be better. Criminal violations committed by a child who is faced with the law should be charged to his parents or handed over to the state to be sanctioned in the form of guidance. This is because minors have not yet been forgiven.
SANKSI PIDANA BAGI ANAK YANG BERHADAPAN DENGAN HUKUM PERSPEKTIF FIQIH JINAYAH Rafid, Noercholis; Saidah, Saidah
Al-Maiyyah : Media Transformasi Gender dalam Paradigma Sosial Keagamaan Vol 11 No 2 (2018): AL-MAIYYAH
Publisher : LP2M IAIN Parepare

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (682.661 KB) | DOI: 10.35905/almaiyyah.v11i2.661

Abstract

This paper aims to determine the criminal acts of children along with criminal sanctions given as preventive measures. By using qualitative data and through juridical and theological normative approaches it was found the conclusion is criminal acts of children are acts carried out contrary to the Law contained in the Criminal Code. The cause of child delinquency is caused by internal factors, namely family and external, namely environmental conditions. In jurisprudence jurisprudence there is no criminal sanction against the child for the crime he committed, because he is considered not yet competent legally, but a judge is allowed to sanction educational actions so that the child can be better. Criminal violations committed by a child who is faced with the law should be charged to his parents or handed over to the state to be sanctioned in the form of guidance. This is because minors have not yet been forgiven.
Co-Authors Saidah Saidah