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