Juridical Review of Juvenile Offender Handling by the Kepahiang Police: A Fiqh Siyasah Analysis

Abstract

This study examines the juridical implementation of juvenile offender handling by the Women and Children Protection Unit (Unit Perlindungan Perempuan dan Anak—PPA) of the Criminal Investigation Division at the Kepahiang Resort Police and analyzes its implementation from the perspective of Fiqh Siyasah. The research employed an empirical juridical method with a qualitative approach. Primary data were obtained through interviews, observations, and documentation at the Kepahiang Resort Police, while secondary data were collected from legislation, legal literature, and relevant scholarly publications. The findings reveal that the handling of juvenile offenders has generally been carried out in accordance with Law Number 11 of 2012 concerning the Juvenile Criminal Justice System and Law Number 35 of 2014 concerning Child Protection through the application of diversion, restorative justice, parental involvement, and child-centered legal protection. However, several challenges remain, including the limited number of certified juvenile investigators, inadequate institutional coordination, and the absence of supporting facilities, particularly juvenile correctional services, which reduce the effectiveness of child protection and rehabilitation. From the perspective of Fiqh Siyasah, the existing practices are consistent with the principles of siyāsah shar'iyyah, maslahah, justice ('adl), and the protection of future generations, emphasizing that state authorities have both legal and moral responsibilities to ensure rehabilitation and social welfare rather than relying solely on punitive measures. The study concludes that strengthening institutional capacity, improving inter-agency collaboration, and enhancing child-centered legal services are essential to achieving an effective juvenile justice system that is consistent with both Indonesian positive law and the objectives of Islamic governance.