Kurniawan Kurniawan
Institut Islam Al Mujaddid Sabak (IIMS), Tanjung Jabung Timur, Indonesia

Published : 1 Documents Claim Missing Document
Claim Missing Document
Check
Articles

Found 1 Documents
Search

A Restorative Education Model for Children in Conflict with the Law: A Comparative Study of National Criminal Law and Islamic Law Kurniawan Kurniawan
Zabags International Journal of Education Vol. 4 No. 1 (2026): Education
Publisher : CV. Zabags Qu Publish

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61233/zijed.v4i1.42

Abstract

This study examines the restorative education model for children in conflict with the law through a comparative study of the National Criminal Code and Islamic Law. This research employs a normative legal method using a qualitative approach, supported by statutory, conceptual, and comparative approaches. Data were obtained through library research involving primary, secondary, and tertiary legal materials, which were analyzed descriptively and qualitatively using content and comparative analysis. The findings indicate that the treatment of children in conflict with the law should prioritize protection, education, rehabilitation, accountability, and social reintegration rather than merely punishment. The national criminal justice system emphasizes the best interests of the child, diversion, and restorative justice as mechanisms for resolving cases while minimizing the negative impact of formal judicial processes. Meanwhile, Islamic Law emphasizes principles of maslahah (public benefit), tarbiyah (education), islah (reconciliation), moral development, and proportional responsibility according to the child's level of maturity. The comparative analysis reveals substantial similarities between the two legal systems, particularly in their emphasis on behavioral improvement, restoration, and prevention of repeated offenses. Therefore, a restorative education model can be developed through child assessment, restorative dialogue, family and victim involvement, restitution, moral and character education, continuous mentoring, and social reintegration. Such a model is expected to provide a more humane, educational, just, and sustainable approach to addressing children in conflict with the law.