Perlindungan Hukum Non-Penal dalam Upaya Pencegahan Tindak Kriminal oleh Anak melalui Keluarga Madani sesuai Konsep Maslaha Mursalah

Abstract

The increasing involvement of children in criminal acts reflects the weakening of social structures and moral supervision within modern society. As the next generation, children are entitled to adequate legal protection to ensure their optimal. In the Indonesian legal system, child protection is regulated under Law Number 35 of 2014 on Child Protection and Law, Number 11 of 2012 on the Juvenile Criminal Justice System (SPPA), to importance of a non-penal approach, namely the prevention of juvenile delinquency through education, character development, and the strengthening of family and community functions. The non-penal approach is closely related to the concept of a madani family. This preventive effort aligns with the Islamic legal principle of maslahah mursalah, which promotes public welfare in the absence of explicit textual evidence. This research seeks to examine forms of non-penal legal protection in preventing criminal acts committed by children through the framework of the madani family, and to analyze its relevance to the concept of maslahah mursalah. The study employs a normative legal research approach, utilizing conceptual, statutory, and philosophical analyses. It is expected that the findings will contribute theoretically to the development of modern Islamic law and serve as a practical reference for policymakers in strengthening the child protection system in Indonesia.