Tahqiqa: Jurnal Pemikiran Hukum Islam
Vol. 12 No. 1 (2018): Januari

RUMUSAN DELIK DAN FORMULASI KETENTUAN PIDANA KHAMAR PADA QANUN ACEH NOMOR 6 TAHUN 2014 DALAM PERSPEKTIF KEBIJAKAN HUKUM PIDANA

Khairilina Khairilina (STIS AL HILAL SIGLI, ACEH)



Article Info

Publish Date
12 Jan 2018

Abstract

The formulation of a criminal should rely on appropriate criminal lawprinciples and policies. For example, about the type of punishment and criteria ofthe offender. In Qanun Aceh Number 6 of 2014, some formulations of criminalprovisions are distinguished between hudud and ta'zir punishments. Thisdistinction of punishment is based on direct-performers (drinkers of khamar) andnon-direct performers such as; providers, producers, sellers, promoters, and deedsparticipate in other khamar fingers. A legislation made by the government withthe legislature is always expected to give a sense of justice in society. This senseof justice is one of the goals of a legislation and punishment, in addition to otherobjectives of legal certainty and expediency. justice must be positioned as anabsolute state that must be realized by the law. But behind the hope of justice isoften also a complicated issue, sometimes the result of a legislative productactually creates imbalances in society. For that reason, the formulation of qanunand / or legislation should pay attention to criminal law policy

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Journal Info

Abbrev

tahqiqa

Publisher

Subject

Law, Crime, Criminology & Criminal Justice Social Sciences

Description

Tahqiqa : Jurnal Pemikiran Hukum dan Hukum Islam emphasizes the study of law and Islamic law in Indonesia by emphasizing the theories of law and Islamic law and its practices that developed in attendance through the article publications, research reports, and book reviews. We are interested in ...