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All Journal Law Research Review Quarterly The Digest: Journal of Jurisprudence and Legisprudence Contemporary Issues on Interfaith Law and Society
Saputro, Muhammad Eko
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Law, Crime, Criminology & Criminal Justice Social Sciences

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A Discourse of Capital Punishment in the Islamic Law and Human Rights Law Saputro, Muhammad Eko; Febriansyah, Andhika; Putri, Faradisya Diandra
Contemporary Issues on Interfaith Law and Society Vol 2 No 1 (2023): January-June, 2023
Publisher : Faculty of Law, Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/ciils.v2i1.66291

Abstract

Capital punishment remains a contentious issue at the intersection of Islamic law and human rights law. This paper undertakes a comprehensive examination of the discourse surrounding capital punishment within these two legal frameworks. Islamic law, rooted in the Quran and Sunnah, provides guidance on criminal justice, including provisions for the death penalty in certain cases. Human rights law, on the other hand, emphasizes the protection of individuals' inherent dignity and right to life, often challenging the legitimacy of capital punishment. Through a comparative analysis, this paper explores the philosophical, theological, and legal underpinnings of capital punishment in Islamic law and human rights law. It delves into the historical evolution of capital punishment in Islamic jurisprudence and examines contemporary interpretations and applications of hudud punishments. Additionally, it scrutinizes international human rights instruments and jurisprudence, evaluating the compatibility of capital punishment with principles of human dignity and the right to life. Furthermore, this paper examines the practical implications of capital punishment within Islamic legal systems and its interaction with human rights norms. It considers case studies and legal precedents from various jurisdictions to illustrate the complexities and challenges inherent in reconciling Islamic legal principles with international human rights standards regarding capital punishment. By engaging in this discourse, the paper aims to foster a nuanced understanding of the tensions and harmonies between Islamic law and human rights law concerning capital punishment. It contributes to scholarly dialogue on the intersection of religion, law, and human rights.
Provisions of Legal Aid as a Form of Protection for Child Victims of Rape Zainurohmah, Zainurohmah; Febriansyah, Andhika; Andini, Marcelia Puspa; Saputro, Muhammad Eko; Mukhoyyaroh, Vina Durrotul; Rohman, Bintang Nur
The Digest: Journal of Jurisprudence and Legisprudence Vol 4 No 1 (2023): The Digest, June 2023
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/digest.v4i1.67669

Abstract

Indonesia as a state of law guarantees the human rights of its citizens, one of which is the right to equal treatment before the law. Legal aid is one of the state's efforts to fulfill this right for the poor. This research aims to examine the provision of legal aid in Indonesia, which departs from the case study of child rape that occurred in Banyumas. This research uses normative juridical method with statutory approach and conceptual approach. The results of this study show that the state has accommodated the need for legal aid as regulated in Law Number 16 of 2011 concerning Legal Aid. However, those who need legal aid are not only poor people but also children who are victims of rape. The provision of legal aid to child victims of rape is a form of state responsibility in providing legal protection to children so that the rights that children should get as stated in the Child Protection Law can actually be realized, not limited to being stated in the law.
Identification of International Human Rights Principles in Indonesia’s New Criminal Code Saputro, Muhammad Eko; Mukhoyyaroh, Vina Durrotul; Febrianti, Ayu; Tahir, Mohammad Saleh; Arifin, Ridwan; Latifiani, Dian
Law Research Review Quarterly Vol 9 No 4 (2023): Various Issues on Law and Development
Publisher : Faculty of Law, Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/lrrq.v9i4.74125

Abstract

This paper explores the incorporation and alignment of international human rights principles within Indonesia's latest Criminal Code. As nations strive to uphold fundamental rights and liberties, examining the compatibility of domestic legislation with international standards is imperative. This study employs a comprehensive analysis of Indonesia's new Criminal Code, focusing on the identification and assessment of provisions that either conform or diverge from established international human rights norms. By scrutinizing key legal aspects, such as due process, freedom of expression, and protection against discrimination, this paper aims to shed light on the extent to which Indonesia's legal framework reflects its commitment to global human rights standards. The findings contribute valuable insights into the ongoing discourse surrounding the harmonization of domestic laws with international human rights instruments, offering implications for policy development, legal reform, and fostering a culture of respect for human rights in Indonesia.
Co-Authors Andini, Marcelia Puspa Dian Latifiani Febriansyah, Andhika Febrianti, Ayu Mukhoyyaroh, Vina Durrotul Putri, Faradisya Diandra Ridwan Arifin Rohman, Bintang Nur Tahir, Mohammad Saleh Zainurohmah, Zainurohmah