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All Journal Jurnal Kajian Ilmu Hukum Santara: Journal of Islamic Law and Humanity
Khowarizmi, Muhammad
Unknown Affiliation
Religion Law, Crime, Criminology & Criminal Justice

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Mens Rea and Juvenile Criminal Liability in Infanticide Cases: A Comparative Analysis of Indonesian Criminal Law and Fiqh Jinayat Wibowo, Bagus; Khowarizmi, Muhammad; Maulana, Hizri; Badi, Ahmad
Jurnal Kajian Ilmu Hukum Vol. 5 No. 1 (2026): Jurnal Kajian Ilmu Hukum
Publisher : Yayasan Pendidikan Islam Almatani

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55583/jkih.v5i1.1687

Abstract

This study examines the role of mens rea as the core determinant of criminal responsibility in Indonesian criminal law through an analysis of Decision No. 3/Pid.Sus-Anak/2019/PN Gpr concerning juvenile infanticide. Although mens rea is not explicitly formulated in the Indonesian Penal Code (KUHP), Indonesian courts continue to rely on fault-based liability grounded in the principle of geen straf zonder schuld. Employing a qualitative doctrinal and socio-legal approach, this research analyzes judicial reasoning, doctrinal interpretations, and medical evidence to assess how intent, negligence, and causality are constructed in cases involving vulnerable offenders.The findings demonstrate that the court rejected a consequence-based model of liability by prioritizing the defendant’s subjective mental condition, age, and situational context. The judgment reflects a dualistic doctrinal framework that separates the existence of a criminal act from the attribution of criminal responsibility and applies the doctrine of adequate causation to exclude liability where death is predominantly caused by medical factors. Comparative analysis with English, German, and Islamic criminal law further confirms the convergence toward fault-based liability and the rejection of strict liability in juvenile justice. This study contributes to global debates on juvenile criminal responsibility by offering a doctrinally grounded and child-centered model of criminal attribution that emphasizes proportionality, moral blameworthiness, and substantive justice.
Reconstruction of the Values and Meanings of the “Jujur” Marriage Tradition among Millennials Muna, Nailal; Fatmah; Wibowo, Bagus; Khowarizmi, Muhammad
Santara: Journal of Islamic Law and Humanity Vol. 1 No. 2 (2025): Islamic Law and Humanity
Publisher : Perkumpulan Dosen Tarbiyah Islam, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59373/santara.v1i2.249

Abstract

This article aims to explore the phenomenology of the traditional jujur tradition that is still alive in the Musi River community amidst the dynamics of changing times. Jujur is a tradition in pre-wedding engagements when the groom's family gives a sum of money to the bride at the bride's request. This article aims to explore the social construction of jujur among the millennial generation born between 1980 and 2000. The research method uses empirical legal research methods with a structural approach. The research theory uses Peter. L. Berger's social construction. The research informants are community leaders and millennial generation husband and wife couples. The results of the article show the externalization of jujur in the form of giving money, noodles and gold and adapting to the economy and education of women, the objectification of jujur in the form of socialization that is so strong between generations that it creates an understanding that jujur is part of the marriage process and there are fines for violators of the engagement. The internalization of jujur is jujur as a symbol of male responsibility towards the family. The contribution of this research shows the existence of customary law as one of the sources of Indonesian national law, the treasure of interdisciplinary studies in the study of Islamic family law in Indonesia.
Co-Authors Badi, Ahmad Bagus Wibowo Fatmah Maulana, Hizri Muna, Nailal