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All Journal Amandemen: Jurnal Ilmu Pertahanan, Politik dan Hukum Indonesia ISNU Nine-Star Multidisciplinary
Diana Sri Utami
Unknown Affiliation
Religion Humanities Decision Sciences, Operations Research & Management Economics, Econometrics & Finance Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice

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Implementasi Konsep Pertanggungjawaban Pidana Islam dalam Hukum Positif Indonesia Diana Sri Utami; Siti Hadijah; Cintami Grece Novita Ramadani; Humairah Hannani; M. Rahman Rizki; Zaid Alfauza Marpaung
Amandemen: Jurnal Ilmu pertahanan, Politik dan Hukum Indonesia Vol. 2 No. 1 (2025): Jurnal Ilmu pertahanan, Politik dan Hukum Indonesia
Publisher : Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62383/amandemen.v2i1.772

Abstract

Indonesia's positive legal system is not in line with Jinayah's thoughts of accountability. Criminal responsibility according to Islamic criminal law is based on the awareness and intention of the perpetrator (mens rea) and proof of unlawful actions (actus reus), which is in line with sharia principles. The aim of this research is to study how the concept of Islamic criminal responsibility can be applied to Indonesian law by considering the principles of justice, humanity and uniformity in accordance with the country's constitution. The research method used is normative, by looking at various laws in Indonesia and reading literature about Islamic criminal law and its implementation in countries with Islamic law. The research results show that, although there are fundamental differences between Islamic law and Indonesian positive law, several elements of the concept of Islamic criminal responsibility can be exploited, especially in cases containing certain crimes such as qisas, diyat, and ta'zir. By considering Pancasila as the philosophical foundation of the state, these elements can be exploited. It is hoped that this implementation will help strengthen the national legal system by providing space for the religious values ​​that live within it
Implementation of the Concept of Islamic Criminal Responsibility in Indonesian Positive Law Humairaharahap; Diana Sri Utami; Siti Hadijah; Cintami Grece NR; M. Rahman Rizki
ISNU Nine-Star Multidisciplinary Journal Vol. 1 No. 3 (2024): Vol. 1 No. 3 (2024): DESEMBER 2024 :ISNU Nine-Star_INS9MJ
Publisher : ISNU Sumatera Utara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.70826/ins9mj.v1i3.501

Abstract

The positive legal system of Indonesia is not in line with the idea of ​​accountability from Jinayah. Criminal responsibility according to Islamic criminal law is based on the awareness and intention of the perpetrator (mens rea) and proof of the unlawful act (actus reus), which is in line with the principles of sharia. The purpose of this study is to study how the concept of Islamic criminal responsibility can be applied to Indonesian law by considering the principles of justice, humanity, and uniformity in accordance with the country's constitution. The research method used is normative, by looking at various laws in Indonesia and reading literature on Islamic criminal law and its implementation in countries with Islamic law. The results of the study indicate that, although there are fundamental differences between Islamic law and Indonesian positive law, some elements of the concept of Islamic criminal responsibility can be exploited, especially in cases containing certain crimes such as qisas, diyat, and ta'zir. By considering Pancasila as the philosophical foundation of the state, these elements can be exploited. It is hoped that this implementation will help strengthen the national legal system by providing space for the religious values ​​that live in it.
Co-Authors Cintami Grece Novita Ramadani Cintami Grece NR Humairah Hannani Humairaharahap M. Rahman Rizki Siti Hadijah Zaid Alfauza Marpaung