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All Journal JISIP: Jurnal Ilmu Sosial dan Pendidikan Al-Qadha: Jurnal Hukum Islam dan Perundang-Undangan
BJ, Abdul Muis
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Religion Arts Humanities Education Law, Crime, Criminology & Criminal Justice Social Sciences

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The Death Penalty for Terrorism Offenders in Indonesia: A Comparative Study of Criminal and Islamic Law BJ, Abdul Muis; Baharudin, Baharudin
Al-Qadha : Jurnal Hukum Islam dan Perundang-Undangan Vol 12 No 2 (2025): Al-Qadha: Jurnal Hukum Islam dan Perundang-Undangan
Publisher : Hukum Keluarga Islam IAIN LANGSA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32505/qadha.v12i2.12553

Abstract

This study presents a limited comparative analysis of Indonesian criminal law and Islamic law regarding the death penalty for acts of terrorism. The objective is to critically examine how the death penalty is regulated for individuals convicted of terrorism under both Indonesian criminal law and Islamic law, aiming to identify their similarities, differences, and implications for law enforcement. This normative legal research employs a comparative approach by analyzing legal texts, sources of fiqh and judicial interpretations, scholarly journals, and statutory laws related to the application of the death penalty. The findings reveal that, under Indonesian criminal law, the imposition of the death penalty for terrorism is governed by Law No. 5 of 2018 on the Eradication of Criminal Acts of Terrorism. In Islamic jurisprudence, terrorism is not explicitly discussed in traditional fiqh texts; however, it is often analogized to the concept of jarimah hirabah due to their similar characteristics. This analogy provides the legal and moral basis for imposing the death penalty on individuals convicted of terrorism. Both Islamic criminal law and Indonesia’s secular legal system categorize terrorism as an extraordinary crime that poses a serious threat to human safety, thereby justifying the potential use of the death penalty. Nevertheless, the two systems differ in their definitions of the crime’s legal elements. Islamic criminal law does not require that the consequences of the act be widespread, nor does it emphasize the perpetrator’s motive. In contrast, Indonesian criminal law stipulates that terrorism must involve widespread consequences to qualify under the statute. In addressing terrorism, the Indonesian government must carefully balance preventive measures with law enforcement actions. The death penalty should be regarded as a measure of last resort, applied with the utmost caution to ensure full compliance with human rights principles.
The Intelligence Function of the Bandung City National Narcotics Agency in Preventing Drug Circulation Bj, Abdul Muis
JISIP: Jurnal Ilmu Sosial dan Pendidikan Vol 7, No 4 (2023): JISIP (Jurnal Ilmu Sosial dan Pendidikan) (November)
Publisher : Lembaga Penelitian dan Pendidikan (LPP) Mandala

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58258/jisip.v7i4.5804

Abstract

The abuse and illicit trafficking of narcotics has been increasing in Indonesia both in quality and quantity. Not only the general public, but also many law enforcement officials have been proven to be perpetrators of narcotics crimes. Especially when TNI soldiers who maintain the integrity and sovereignty of the territory of the Unitary State of the Republic of Indonesia are involved in narcotics offences. The government established the National Narcotics Agency to eradicate narcotics crimes, which is authorised to investigate and prosecute narcotics crimes in Indonesia. In the procedural law, it has been stated that investigators and investigators of a narcotics crime within the TNI are ANKUM, Military Police, Oditur and auxiliary investigators. The authority of BNN in conducting investigations and investigations of narcotics offences against TNI soldiers in cases of connexity is also very limited. The investigation and investigation must be authorised by ANKUM and only for case development to obtain information and data to find other suspects who are civilians. Once the information required by BNN is deemed sufficient, BNN must still refer the case to ANKUM and the Military Police as operational investigators and core investigators in koneksitas cases for TNI soldiers.
Co-Authors Baharudin Baharudin