The Application of Sanctions for Minors Involved in Robbery: A Comparative Study of Positive Law and Islamic Criminal Law

Abstract

Robbery with violence, commonly referred to as begal, is a criminal act involving the forcible seizure of another person’s property, often accompanied by violence and, in some cases, resulting in the loss of life. Alarmingly, such crimes are increasingly being committed by minors. According to Article 1 point 3 of the Juvenile Criminal Justice System Law (UU SPPA), a child in conflict with the law is defined as an individual who is at least 12 years old but not yet 18 years old and is suspected of having committed a criminal offense. This study aims to examine and compare the application of criminal sanctions to minors who commit robbery with violence, from the perspectives of Indonesian positive law and Islamic criminal law. The research is conducted through a library-based approach using normative juridical and comparative legal methods. Data are collected from statutory regulations, legal literature, the Qur’an, and relevant scholarly journals and articles. The findings show that, under Indonesian positive law, robbery committed by a minor is classified as violent theft as stipulated in Article 365 paragraph (2) of the Indonesian Penal Code. In such cases, minors are sentenced to a period of development at the Special Guidance Institution for Children (LPKA), with a criminal sentence of one year and one month. In contrast, Islamic criminal law classifies robbery with violence as jarīmah ḥirābah (armed robbery), which falls under the category of jarīmah ḥudūd as described in Surah Al-Māidah verse 33. The corresponding sanctions may include the death penalty, crucifixion, amputation of opposite limbs, or exile, depending on the severity of the crime. This comparative analysis reveals significant differences in legal approaches and the types of sanctions imposed. Islamic law emphasizes deterrence and strict punishment to prevent further harm, while Indonesian positive law adopts a rehabilitative approach focused on the education and guidance of minors