The Role of Indigenous Peoples, Social Workers, and the Syar’iyah Court in Diversion of Children Perpetrators of Jinayah
The juvenile justice system as a legal efforcement to guarantee the rights of children who conflict with the law. The mechanism for the criminal justice system against children is carried out through diversion involving judicial officials. However, problems arise in enforcing the criminal justice sy...
| Main Authors: | , , , , |
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| Format: | Article |
| Language: | English |
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Faculty of Syariah, State Islamic University of Prof. K.H. Saifuddin Zuhri Purwokerto
2023-06-01
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| Series: | Al-Manahij: Jurnal Kajian Hukum Islam |
| Subjects: | |
| Online Access: | https://ejournal.uinsaizu.ac.id/index.php/almanahij/article/view/7349 |
| _version_ | 1797801868333678592 |
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| author | Zulfia Hanum Alfi Syahr Tumbur Palti D. Hutapea Umma Farida Dian Hafit Syaifullah Buyamin |
| author_facet | Zulfia Hanum Alfi Syahr Tumbur Palti D. Hutapea Umma Farida Dian Hafit Syaifullah Buyamin |
| author_sort | Zulfia Hanum Alfi Syahr |
| collection | DOAJ |
| description | The juvenile justice system as a legal efforcement to guarantee the rights of children who conflict with the law. The mechanism for the criminal justice system against children is carried out through diversion involving judicial officials. However, problems arise in enforcing the criminal justice system for children engaged in Jinayah cases. It is because the Jinayah case must obey the qanun implemented in Aceh. The punishment given to the perpetrators of Jinayah can be in the form of flogging or imprisonment. For a child, that punishment can be traumatic for the child’s mental health. Therefore, this research will examine various efforts to minimize the impact of this punishment on the psychological development of children who become perpetrators of Jinayah. The problem of this study is how a child can maintain his psychological health after becoming a perpetrator of Jinayah. This research is essential to protect children’s psychological development as perpetrators of Jinayah. The purpose of this study is to find various efforts to maintain the mental development of children as perpetrators of Jinayah. Thus, the research method used to answer these problems is qualitative with a normative approach and literature study. The normative research will analyze various legal regulations regarding criminal and Jinayah acts. Then, it will support a literature study to gain a comprehensive and depth understanding of the topic of study. The results are that children as perpetrators of Jinayah have a risk of psychological trauma, and juvenile criminal law needs to be strengthened. Strengthening this law can be in the form of harmonizing the diversion of children with the Jinayah law. The cooperation of various parties, namely, law enforcement officials, social workers, and indigenous peoples, can minimize the risk of child psychological trauma. |
| first_indexed | 2024-03-13T04:57:03Z |
| format | Article |
| id | doaj.art-d0e41adca7d4431b9275605fa4bff989 |
| institution | Directory Open Access Journal |
| issn | 1978-6670 2579-4167 |
| language | English |
| last_indexed | 2024-03-13T04:57:03Z |
| publishDate | 2023-06-01 |
| publisher | Faculty of Syariah, State Islamic University of Prof. K.H. Saifuddin Zuhri Purwokerto |
| record_format | Article |
| series | Al-Manahij: Jurnal Kajian Hukum Islam |
| spelling | doaj.art-d0e41adca7d4431b9275605fa4bff9892023-06-18T01:09:03ZengFaculty of Syariah, State Islamic University of Prof. K.H. Saifuddin Zuhri PurwokertoAl-Manahij: Jurnal Kajian Hukum Islam1978-66702579-41672023-06-0117111312410.24090/mnh.v17i1.73495484The Role of Indigenous Peoples, Social Workers, and the Syar’iyah Court in Diversion of Children Perpetrators of JinayahZulfia Hanum Alfi Syahr0Tumbur Palti D. Hutapea1Umma Farida2Dian Hafit Syaifullah3Buyamin4National Research And Innovation AgencySupreme Court of Republic of IndonesiaIAIN KudusNational Research and Innovation AgencyNational Research and Innovation AgencyThe juvenile justice system as a legal efforcement to guarantee the rights of children who conflict with the law. The mechanism for the criminal justice system against children is carried out through diversion involving judicial officials. However, problems arise in enforcing the criminal justice system for children engaged in Jinayah cases. It is because the Jinayah case must obey the qanun implemented in Aceh. The punishment given to the perpetrators of Jinayah can be in the form of flogging or imprisonment. For a child, that punishment can be traumatic for the child’s mental health. Therefore, this research will examine various efforts to minimize the impact of this punishment on the psychological development of children who become perpetrators of Jinayah. The problem of this study is how a child can maintain his psychological health after becoming a perpetrator of Jinayah. This research is essential to protect children’s psychological development as perpetrators of Jinayah. The purpose of this study is to find various efforts to maintain the mental development of children as perpetrators of Jinayah. Thus, the research method used to answer these problems is qualitative with a normative approach and literature study. The normative research will analyze various legal regulations regarding criminal and Jinayah acts. Then, it will support a literature study to gain a comprehensive and depth understanding of the topic of study. The results are that children as perpetrators of Jinayah have a risk of psychological trauma, and juvenile criminal law needs to be strengthened. Strengthening this law can be in the form of harmonizing the diversion of children with the Jinayah law. The cooperation of various parties, namely, law enforcement officials, social workers, and indigenous peoples, can minimize the risk of child psychological trauma.https://ejournal.uinsaizu.ac.id/index.php/almanahij/article/view/7349childrencourtdiversionjinayahindigenous people |
| spellingShingle | Zulfia Hanum Alfi Syahr Tumbur Palti D. Hutapea Umma Farida Dian Hafit Syaifullah Buyamin The Role of Indigenous Peoples, Social Workers, and the Syar’iyah Court in Diversion of Children Perpetrators of Jinayah Al-Manahij: Jurnal Kajian Hukum Islam children court diversion jinayah indigenous people |
| title | The Role of Indigenous Peoples, Social Workers, and the Syar’iyah Court in Diversion of Children Perpetrators of Jinayah |
| title_full | The Role of Indigenous Peoples, Social Workers, and the Syar’iyah Court in Diversion of Children Perpetrators of Jinayah |
| title_fullStr | The Role of Indigenous Peoples, Social Workers, and the Syar’iyah Court in Diversion of Children Perpetrators of Jinayah |
| title_full_unstemmed | The Role of Indigenous Peoples, Social Workers, and the Syar’iyah Court in Diversion of Children Perpetrators of Jinayah |
| title_short | The Role of Indigenous Peoples, Social Workers, and the Syar’iyah Court in Diversion of Children Perpetrators of Jinayah |
| title_sort | role of indigenous peoples social workers and the syar iyah court in diversion of children perpetrators of jinayah |
| topic | children court diversion jinayah indigenous people |
| url | https://ejournal.uinsaizu.ac.id/index.php/almanahij/article/view/7349 |
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