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All Journal Prosiding Seminar Hukum Aktual Fakultas Hukum Universitas Islam Indonesia
Sarah Nur Izzati
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Law, Crime, Criminology & Criminal Justice

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Perbandingan Hukum Negara Indonesia dan Arab Saudi Mengenai Tindak Pidana Kekerasan Seksual Sarah Nur Izzati; M. Yusuf; Hermanto Harun; Kurnia Saputri; Ahmad Husairi
Prosiding Seminar Hukum Aktual Fakultas Hukum Universitas Islam Indonesia Vol. 2 No. 4 JULI 2024
Publisher : Fakultas Hukum Universitas Islam Indonesia

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Abstract

Sexual violence is one of the conventional criminal offenses that has become a topic of discussion in the community. In this issue, the Criminal Code regulations are the main reference point for legal practitioners to catch perpetrators of sexual violence crimes. The crime of sexual violence is regulated primarily in Law no. 12 of 2022 concerning Crimes of Sexual Violence and Article 6 of the Law on the Eradication of Violent Crimes in the Kingdom of Saudi Arabia. Based on this, the researcher seeks to compare and analyze more deeply the regulation of the crime of sexual violence in the laws of Indonesia and Saudi Arabia. So that the topic of the problem is known through comparative efforts made against the two countries to enforce the law against the problematics of the crime of sexual violence. This research uses normative juridical research methods, by examining various problems based on theories, concepts and legal norms that apply in the crime of sexual violence, using library research, and data collection techniques carried out through document studies, so that conclusions can be drawn. So that it can be concluded that the similarities of the two articles are about sexual crimes and there is an element of coercion where Indonesia and Saudi Arabia, have laws that regulate sexual violence as a criminal offense. The analysis of the difference issues is in the realm of (1) Cultural and Religious Context, (2) Sanctions and Punishment, (3) Eradication and Prevention, and (4) Legal System.
Problematika Hukuman Mati di Indonesia dalam Perspektif Hukum Pidana dan Hak Asasi Manusia Ahmad Husairi; Devrian Ali Putra; Nerisma Eka Putri; Sarah Nur Izzati; Kurnia Saputri
Prosiding Seminar Hukum Aktual Fakultas Hukum Universitas Islam Indonesia Vol. 2 No. 4 JULI 2024
Publisher : Fakultas Hukum Universitas Islam Indonesia

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Abstract

In this era of reform, the death penalty remains a highly controversial issue and a matter of serious concern, prompting various approaches from legal experts and practitioners. Decisions to execute the death penalty for certain criminals are influenced by social initiatives and law enforcement efforts aimed at enhancing social welfare. Regarding the death penalty, there is a stigma that generates both pro and con opinions, related to the concept and realization of human rights. Therefore, researchers are interested in delving deeper into the issue of the death penalty in Indonesia from the perspectives of criminal law and human rights.In this study, researchers employ a normative juridical method, focusing on specific subjects for analysis, namely conducting regulations-based analysis using library research. The theory of punishment is used as a theoretical framework, leading to findings that the death penalty fundamentally entails depriving someone of their right to life and causing physical suffering, which contradicts Article 6(1) of the International Covenant on Civil and Political Rights and Article 3 of the Universal Declaration of Human Rights, as well as the shift from classical criminal justice systems focused on retributive justice to modern criminal justice systems oriented towards collective, restorative, and rehabilitative justice. The existence of the death penalty is considered a violation of an individual's right to life, as this right is deemed a gift that must be respected. Article 1 of Law Number 39 of 1999 concerning Human Rights, which acknowledges the rights of every individual in their entirety, affirms that human rights exist in Indonesia.
Co-Authors Ahmad Husairi Devrian Ali Putra Hermanto Harun Kurnia Saputri M. Yusuf Nerisma Eka Putri