Perlindungan Hukum Terhadap Anak dari Orang Tua Terpidana Narkoba Di Tinjau Dari Maqashid Syariah

Abimijoyo, Fajrul Hafidz and Dedi, Syahrial and Bin Ridwan, Rifanto (2024) Perlindungan Hukum Terhadap Anak dari Orang Tua Terpidana Narkoba Di Tinjau Dari Maqashid Syariah. Masters thesis, Institut Agama Islam Negeri Curup.

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Abstract

Protection of children is a legal action that has legal consequences. As educators, parents are responsible for creating a nurturing environment that can provide a sense of security and comfort to children. Based on this responsibility, parents should be good role models for their own children, but this responsibility will not be fulfilled if the parents become thieves, gamblers, drunkards and commit despicable actions, one of which is being involved with drugs, for example becoming drug addicts who occur in Rejang Lebong district. Researchers found data at the Rejang Lebong correctional institution, there were several cases of narcotics abuse, violence and theft in 2022-2024, the number of inmates was 853 people and 38.4% of that number or 353 people were narcotics convicts. This type of research is qualitative research which uses humans as instruments and is adapted to reasonable situations in relation to data collection which generally uses qualitative research. The data approach was carried out through literature study and interviews. The results of this research show that the implementation of child protection laws in Indonesia is running as it should, although there are still things that are not in line or in accordance with statutory regulations. There are no statutory regulations governing children of drug addict parents. Parents who are drug addicts have an impact on their children, both in terms of the family economy, children's education, and even the children's physical and psychological health. In the maqashid of sharia, the protection of children from parents who are drug addicts is included in al-Daruriyyat al-Khams which includes Religion (Hifz Ad-Din), Soul (Hifz Ad-Nafs), Family and inheritance (An-Nasabu Wa Al-Aradu), Reason ( Hifz 'Aql), Treasure (Hifz Al-Mal). This category of ad-Daruriyyah al-Kham is something that cannot be absent (must exist) for the sake of upholding goodness and prosperity, both regarding ukhrawi and worldly affairs. If this aspect does not exist, then an orderly and prosperous worldly life cannot be realized, in fact what will be created is chaotic worldly life and suffering and wretched home life. Legal protection efforts that can be given to children of drug addict parents are in the form of assistance and determining child custody so that it does not fall to irresponsible parents. So the protection that can be provided is good child care and child support so that children whose parents are drug addicts are not looked after and neglected. Key words: Child protection, drug convicts, maqasid sharia

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Thesis (Masters)

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