PERLINDUNGAN NEGARA TERHADAP ANAK TERLANTAR (KOMPARASI HUKUM DI INDONESIA DENGAN TINJAUAN FIQH SIYASAH)

Abstrak

This article discusses the State's Constitutional Protection of Abandoned Children in Indonesia and a Review of Siyasah Fiqh. This research aims to find out the general overview of abandoned children in Indonesia, to know the Constitutional protection of the Republic of Indonesia for abandoned children, and to find out about the fiqhi siyasah protection for abandoned children. The type of research used is library research using a normative juridical approach. The results of this research show that: 1. Based on data from the Indonesian Child Protection Commission for the last five years, starting from 2016-2020, the dominant type of child neglect cases are children with social welfare problems. In 2016-2018, there was an increase in cases of abandoned children, while in 2019-2020, there was a decrease in cases of abandoned children. 2. The Ministry of Social Affairs is assisted in carrying out its duties by the Social Service in each Regency/City. The forms of legal protection by the government for abandoned children include supervision, prevention, care, counseling, social rehabilitation, and social assistance. 3. Based on the protection of siyasah fiqh for abandoned children which refers to the siyasah dusturiyah (constitution), the government is responsible for protecting abandoned children. The government's role is very much needed in handling abandoned children in line with Islamic law. If the policy has implications for the benefit of the people, then it is considered correct by the Shari'a. On the other hand, if the policy positively impacts the people, it is considered to violate the Sharia.