AN ANALYSIS OF FIQH JINAYAH AND CRIMINAL LAW ON THE LEGAL PROTECTION FOR CHILDREN AS VICTIMS OF OBSCENITY

The issues raised include the concept of juvenile criminal law from perspective fiqh jinayah and positive law, differences in crime correlation to law. To study answer problem, a multidisciplinary approach is used, namely normative theological (syar'i), juridical/legislative (statue approach), historical (historical sociological (sociological psychology (psychological approach). This research classified as library research. results indicate that perpetrators sexual abuse with child victims, jinayah, sanctions are deterrent so perpetrator does not do it again. laws governing this matter, Republic Indonesia Law Number 3 1997, 23 2002 concerning Child Protection no. 4 1979 Welfare. In contrast Islamic (fiqh), children's perceptions forms accountability make acts children subject Uqubah (punishment), but takzir (warning) ta'dibiyyah (coaching) only. correlations between two are: (1) principle respect for children. (2) process applying punishment who act different other than child. If viewed mashlahah rules, giving ta'dibiyah commit crimes hajiyat (secondary) mulgah.