PENA LAW: International Journal of Law
Vol. 1 No. 1 (2022): MAY

PERSPECTIVES ON ISLAMIC CRIMINAL LAW AND POSITIVE INDONESIAN CRIMINAL LAW AGAINST CHILDREN WHO COMMIT CRIMES

Rahmad Alamsyah (Persada Bunda Law High School, Indonesia)
Aneesh V. Pillai (School of Legal Studies, Cochin University,)



Article Info

Publish Date
21 May 2022

Abstract

The factors that cause children to commit delinquency consist of two kinds, namely intrinsic and extrinsic motivation. Intrinsic motivation is encouragement or desire in someone who does not need to be accompanied by stimulants from the outside. Extrinsic motivation is an impulse that comes from outside a person. The punishment for the crime of minors from the perspective of Islamic criminal law and positive criminal law is as follows: Based on Law Number 11 of 2012 concerning the Child Criminal Justice System, which came into force in 2014, it is known that "Children who are not yet 14 (fourteen) years can only be subject to action ". Based on this, the age limit for children who can be convicted or can be punished if interpreted, is almost in accordance with the concept of balig or adult concept in Islamic law, which is only fifteen years old; semen out; dreams of intercourse; start menstruating for women.

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Journal Info

Abbrev

PENALAW

Publisher

Subject

Law, Crime, Criminology & Criminal Justice Social Sciences

Description

PENA LAW: International Journal of Law publishes original research papers at the forefront of law. Topics that are published and emphasized in this journal include: International law, constitutional and administrative law, criminal law, contract law, tort law, property law, civil law, general and ...