Perlindungan Anak Korban Kekerasan Orang Tua Perspektif Hukum Islam dan Hukum Positif: Studi Kasus Polda Sulawesi Selatan
The high incidence of violence against children highlights the importance of effective legal protection. This study aims to analyze the legal protection of children who are victims of domestic violence committed by their parents from the perspectives of Islamic law and Indonesian positive law, as well as its implementation at the South Sulawesi Regional Police. This research employed a qualitative method using normative, comparative, and field research approaches. The findings indicate that both Islamic law and Indonesian positive law share the same objective of protecting children's rights and safety. Islamic law prohibits violence as it contradicts the principles of raḥmah (compassion), al-rifq (gentleness), and maqāṣid al-sharī‘ah, with sanctions including ta‘zīr, qiṣāṣ, or diyāt. Meanwhile, Indonesian positive law provides protection through the Child Protection Law and the Law on the Elimination of Domestic Violence. The implementation of legal protection at the South Sulawesi Regional Police includes reporting, investigation, legal and psychological assistance, the provision of safe houses, and coordination with relevant institutions. The study also identified a case involving the confinement and abuse of a child by his biological father, emphasizing the importance of strengthening child protection through the integrated implementation of Islamic law and Indonesian positive law.
Authors
- Muhammad Jusuf Nur Ikhsan (ORCID: https://orcid.org/0000-0002-9049-7684)
- Farah Zahirah
- Nita Zikriani
Institutions
- Institut Agama Islam STIBA Makassar (ID)
Publication Details
- Journal
- AL-FIKRAH Jurnal Kajian Islam
- Published
- 2026-11-05
- DOI
- https://doi.org/10.36701/fikrah.v3i6.3302
- Primary Topic
- Legal and Social Justice Studies
- Type
- article
- Field-Weighted Citation Impact
- 0.00