Open AccessSANKSI PIDANA BAGI ANAK YANG BERHADAPAN DENGAN HUKUM PERSPEKTIF FIQIH JINAYAH
Author(s) -
Noercholis Rafid,
Saidah Saidah
Publication year - 2018
Publication title -
al-ma'iyyah/al-maiyyah : media transformasi gender dalam paradigma sosial keagamaan
Language(s) - English
Resource type - Journals
eISSN - 2548-9887
pISSN - 1979-245X
DOI - 10.35905/almaiyyah.v11i2.661
Subject(s) - sanctions , normative , jurisprudence , law , criminal code , criminal law , criminology , political science , state (computer science) , juvenile delinquency , sociology , psychology , algorithm , computer science
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.