Berajah Journal
Vol. 6 No. 4 (2026): Berajah Journal

LEGAL PROTECTION FOR CHILDREN WHO COMMIT SEXUAL VIOLENCE FROM THE PERSPECTIVE OF ISLAMIC LAW

Briliant Ananda Putra Hartanto (Universitas Muhammadiyyah Surakarta)
M. Junaidi (Muhammadiyah University of Surakarta)



Article Info

Publish Date
07 Aug 2026

Abstract

Children as perpetrators of sexual violence present a complex legal issue because it involves balancing two interests simultaneously: the enforcement of criminal law and the protection of children’s rights as minors. This study aims to examine the legal status of children as perpetrators of sexual violence under Islamic law, as well as the forms of legal protection provided to child perpetrators of sexual violence within the national legal system. The methodology employed is a normative legal study using a qualitative descriptive approach, utilizing secondary data—including primary, secondary, and tertiary legal sources—collected through a literature review and analyzed qualitatively. The results of the study indicate that in Islamic law, the legal status of children as perpetrators of sexual violence is determined by the concepts of ahliyah (legal capacity) and taklif (imposition of legal responsibility); thus, children who have not yet reached puberty (baligh) or the age of discernment (tamyiz) cannot be held fully criminally liable as adults, and the sanctions applied take the form of ta’zir, which are educational and rehabilitative in nature. Meanwhile, under national law, protection for child perpetrators of sexual violence is governed by the 1945 Constitution, the Child Protection Act, the Juvenile Criminal Justice System Act, and the Sexual Violence Crimes Act, which consistently prioritize the best interests of the child, restorative justice, and diversion as the primary foundations for handling children in conflict with the law. This study concludes that Islamic law and national law share a common ground in prioritizing a rehabilitative approach over a purely punitive one toward child perpetrators of sexual violence.

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Journal Info

Abbrev

go

Publisher

Subject

Education Languange, Linguistic, Communication & Media Library & Information Science Social Sciences

Description

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