Revitalizing Islamic Legal Values in Judges’ Decisions Against Child Assault Perpetrators: Analysis of Decision Number 17/Pid.Sus-Anak/2024/PN Bks
Keywords:
Best Interests of the Child, Child Perpetrator of Assault, Islamic Law, Judge’s Decision, RevitalizationAbstract
The phenomenon of group assault committed by children, sometimes resulting in death during street fights, remains prevalent in Indonesia. This situation poses a significant challenge for the juvenile justice system, which must balance legal certainty, child protection, and substantive justice. This study aims to analyze the considerations of judges in imposing criminal sanctions on child perpetrators of group assault based on the Decision of the Bekasi District Court Number 17/Pid.Sus-Anak/2024/PN Bks, and to examine how the revitalization of Islamic legal values can serve as moral and philosophical guidance in the juvenile justice process in Indonesia. The research method employed is a normative legal approach with content analysis of court decisions No. 17/Pid.Sus-Anak/2024/PN Bks and relevant legislation like Law No. 11 of 2012, and linked to Islamic legal principles such as justice (al-‘adl), public walfare (al-maslahah), and protection of life (hifz al-nafs). The results indicate that judges have considered the best interest of the child principle through educational and rehabilitative sentencing. However, the revitalization of Islamic legal values still needs to be strengthened to serve as an ethical foundation for judges in achieving a humane, balanced justice system aligned with child protection principles in the global era. This study also emphasizes the importance of integrating Sharia values into positive law as an effort to build a more dignified and socially just judicial system.


