Al-Ahkam: Jurnal Ilmu Syari'ah dan Hukum
Vol. 1, No. 1 (2016): Al-Ahkam: Jurnal Ilmu Syari'ah dan Hukum

EKSISTENSI PENERAPAN HUKUMAN MATI DI INDONESIA

Nasuha, R Ahmad Muhammad Mustain (Unknown)



Article Info

Publish Date
30 Jun 2016

Abstract

This study aims the death penalty in Indonesia. We know where the death penalty is contrary or not in terms of the constitution and Islamic law, then we can conclude that if the legal implementation of the death penalty in Indonesia continue to be done or should be abolished. Based on research and the analysis conducted, conclude that Indonesia According to the Indonesian Constitution that the death penalty in Indonesia is constitutional. Constitutional Court Decision No. 2-3 / PUU-V / 2007 states that the imposition of the death penalty was constitutional. Any law governing capital punishment is not contrary to the Constitution of the State of Indonesia. However the legislation in Indonesia death penalty is still recognized in some legislation. There are three groups of rules, namely: Criminal Dead in the Criminal Code, Criminal die outside the Criminal Code, Criminal die in the Draft Bill. According to Islamic law that the death penalty could be applied to some criminal act or jinazah, either hudud qishahs, diyat or ta'zir among others to: Apostate, Rebel, Zina, Qadzaf (Allegations Zina), Steal (Corruption), Rob (Corruption), Murder.

Copyrights © 2016






Journal Info

Abbrev

al-ahkam

Publisher

Subject

Religion Humanities Law, Crime, Criminology & Criminal Justice Social Sciences

Description

Al-Ahkam journal aims to facilitate and to disseminate an innovative and creative ideas of researchers, academicians and practitioners who concentrated in Sharia and Law. It covers textual and fieldwork with various perspectives of Islamic family law, Islamic economic law, Islam and gender ...