Proceedings of the International Conference on Islamic and Muhammadiyah Studies (ICIMS 2022)

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The Renewal of the Minimum Age of Children for Criminal Responsibility: A Comparative Study of Positive Law and Islamic Criminal Law

Authors
Muna Faiza Amatullah1, *, Moh. Abdul Kholiq Hasan2, Andri Nirwana. AN3
1Universitas Muhammadiyah Surakarta, Surakarta, Indonesia
2Universitas Islam Negeri Mas Said, Surakarta, Indonesia
3Universitas Muhammadiyah Surakarta, Surakarta, Indonesia
Corresponding Author
Muna Faiza Amatullah
Available Online 25 July 2022.
DOI
10.2991/assehr.k.220708.017How to use a DOI?
Keywords
Minimum Age of Criminal Responsibility; Juvenile Delinquency; Comparative Law
Abstract

This study aims to find the renewal idea of the children’s minimum age for criminal responsibility as an effort to address juvenile crime. The idea of renewal was obtained through a comparison of the minimum age for criminal liability in the positive law contained in the Juvenile Criminal Justice System Law Number 11 of 2012 and Islamic criminal law. This research belongs to normative qualitative research with a legal approach, a normative theological approach, a comparative approach, and a psycho-socio-historical approach. The method of data collection and data analysis was carried out by studying documents using books, journals, and others. The contribution from the results of this study is the reduction of the minimum age for criminal responsibility to 15 years and 8 years and the abolition of criminal sanctions for children. This change is based on Islamic law, juridical, historical, and cognitive maturity considerations. This change must be accompanied by improvements to the justice system and criminal sanctions as well as an emphasis on moral education before puberty.

Copyright
© 2022 The Authors. Published by Atlantis Press SARL.
Open Access
This is an open access article distributed under the CC BY-NC 4.0 license.

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Volume Title
Proceedings of the International Conference on Islamic and Muhammadiyah Studies (ICIMS 2022)
Series
Advances in Social Science, Education and Humanities Research
Publication Date
25 July 2022
ISBN
978-94-6239-595-4
ISSN
2352-5398
DOI
10.2991/assehr.k.220708.017How to use a DOI?
Copyright
© 2022 The Authors. Published by Atlantis Press SARL.
Open Access
This is an open access article distributed under the CC BY-NC 4.0 license.

Cite this article

risenwbib
TY  - CONF
AU  - Muna Faiza Amatullah
AU  - Moh. Abdul Kholiq Hasan
AU  - Andri Nirwana. AN
PY  - 2022
DA  - 2022/07/25
TI  - The Renewal of the Minimum Age of Children for Criminal Responsibility: A Comparative Study of Positive Law and Islamic Criminal Law
BT  - Proceedings of the International Conference on Islamic and Muhammadiyah Studies (ICIMS 2022)
PB  - Atlantis Press
SP  - 128
EP  - 138
SN  - 2352-5398
UR  - https://doi.org/10.2991/assehr.k.220708.017
DO  - 10.2991/assehr.k.220708.017
ID  - Amatullah2022
ER  -