SANCTIONS FOR CRIMINAL ACTS WITHOUT THE RIGHT TO CARRY SHARP WEAPONS BY MINORS IN DECISION NUMBER 60/PID. SUS-ANAK/2023/PN MDN PERSPECTIVE OF ISLAMIC CRIMINAL LAW

Abstrak

This research is motivated by the increasing involvement of children in violent crimes with the use of sharp weapons, which poses serious problems for child protection and public safety. The focus of the study is directed to Decision Number 60/Pid.Sus-Anak/2023/PN Mdn which sentenced two children of criminal offenders without the right to carry sharp weapons to 1 year and 6 months in prison, to be analyzed from the perspective of Islamic criminal law. The method used is normative juridical research with a legislative approach, a case approach, and a conceptual approach, using primary legal materials (judgments and laws and regulations) as well as secondary legal materials, which are analyzed qualitatively descriptive-analytically. The results of the study show, first, that the judge has correctly proven the fulfillment of the elements of Article 2 paragraph (1) of the Emergency Law 12/1951 jo the SPPA Law, but the imposition of the prison sentence shows a repressive orientation that is not in line with the principle of the best interests of the child. Second, in Islamic criminal law, the act of carrying a sharp weapon for a brawl fulfills the elements  of jarimah ta'zir in the aspects of acts, tools, and intentions, but the status of the child demands a form of accountability that is more oriented towards ta'dib and benefit. Third, prison sentences imposed in a sex manner can be qualified as ta'zir, but in terms of the level and design of punishment, it is not ideal if measured with the purpose  of zawajir – zawajir  and the principle of benefit. This study emphasizes the need to reorient juvenile punishment towards  a  more proportional, educational, and restorative model of ta'zir sanctions