The Role of Indigenous Peoples, Social Workers, and the Syar’iyah Court in Diversion of Children Perpetrators of Jinayah
Bibliographic Data
| ID | 22332787 |
|---|---|
| Authors | Zulfia Hanum Alfi Syahr (0000-0003-0290-4559, National Research, Development and Innovation Office), Tumbur Palti D Hutapea (0000-0002-3059-2196), Umma Farida (0000-0001-6044-076X, IAIN Kudus), Dian Hafit Syaifullah (0000-0002-8089-8847, National Research, Development and Innovation Office), Buyamin Buyamin (0000-0002-1435-6978, National Research, Development and Innovation Office) |
| Year | 2023 |
| Volume | 17 |
| Issue | 1 |
| Pages | 113-124 |
| Publication date | 2023-06-15 |
| Peer Reviewed | Yes |
| Open Access | Yes |
| Type | ARTICLE |
| Venue | Al-Manahij: Jurnal Kajian Hukum Islam (JOURNAL) |
| Journal identifiers | ISSN: 1978-6670 • E-ISSN: 2579-4167 |
| Publisher | UIN Prof. K.H. Saifuddin Zuhri (PUBLISHER) |
| DOI | 10.24090/mnh.v17i1.7349 |
| OpenAlex | W4381122175 |
| Language | EN |
| Citations received | 4 |
| References cited | 4 |
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
Criminal justice · Criminology · Economic Justice · Imprisonment · Indigenous · Mental health · Normative · Political science · Psychiatry · Gender and Women's Rights · Law · Legal and Social Justice Studies · Legal Studies and Policies · Psychology · Social Psychology
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The Restorative Justice as a System for Resolving Child Violence in the Village Court Phase in Bali
Issues and problems faced by children in conflict with law during and after their detention
Socio-Legal Study of Community Participation in Restorative Justice of Children in Conflict with the Law in Indonesia
Recognising children's citizenship in the youth justice system
The challenges for children’s rights in international child protection
| Unique citing works | 4 |
|---|---|
| Citations per year | 2 |
| Citation span | 2024 - 2026 (3) |
| Citation velocity | current |
| Highly cited | No |
| Citation types | Neutral: 2 |