Open AccessKRITERIA DEWASA (MUKALLAF) DALAM BIDANG JINAYAH
Author(s) -
Irwansyah Irwansyah
Publication year - 2021
Publication title -
legitimasi: jurnal hukum pidana dan politik hukum/legitimasi
Language(s) - English
Resource type - Journals
eISSN - 2579-5104
pISSN - 2088-8813
DOI - 10.22373/legitimasi.v9i2.8511
Subject(s) - sanctions , meaning (existential) , worship , character (mathematics) , epistemology , moral character , psychology , social psychology , sociology , criminology , law , philosophy , political science , mathematics , geometry
Mukallaf concept in the part of jinayah is understood by multiple meaning in society, some judge mukallaf in the part of jinayah is the same as the part of worship, and some other argue differently. Nash itsself do not give a definite firmness to the criteria of mukallaf, but rather give signs that in the relationship of fellow human beings mukallaf concept has its own character. This paper aims to try to explain about the concept of mukallaf and its criteria in the part of jinayah. The data sources studied refer to nash evidence and various theories that are developing today from various disciplines. The results found can be mentioned that mukallaf in the part of jinayah is considered in the nature of puberty, perfect of both al-'aql and rusyd . These three traits will only be found perfectly in a person when they are at least 18 years old. Based on this understanding, the perpetrator of the crime can be held accountable for his actions and sanctioned to him after aged 18 years. A child who is not yet 18 years old commits a criminal offence then must be given educational teaching to him. So that he can know the adverse impact on himself and the community as a result of his actions. Keywords: criteria mukallaf, acts of jinayah, criminal sanctions / 'uqubah