Journal of International Islamic Law, Human Right and Public Policy
Vol. 1 No. 3 (2023): September

APPLICATION OF LEGAL SANCTIONS FOR PERSECUTION IN THE PERSPECTIVE OF NATIONAL CRIMINAL LAW AND ISLAMIC CRIMINAL LAW

Sardi (Unknown)
M. Rafandy Harahap (Unknown)
Stephen Martin (Unknown)



Article Info

Publish Date
30 Sep 2023

Abstract

This research uses a type of library research or normative legal research, with the data sources used being secondary data in the form of the Criminal Code and Jinayah Fiqh books. Data collection was carried out by reading various forms of books and literature that were relevant to the case. The conclusion of this thesis can show that national law in Indonesia does not specifically regulate punishments for perpetrators of persecution, but perpetrators can be charged with the same punishment as acts of persecution, namely the articles in the Criminal Code (KUHP). Perpetrators of persecution are usually charged with extortion and threats, abuse and assault. Meanwhile, according to Islamic law, persecution is included in the form of extortion (hirabah) and also the form of persecution (jurh), the perpetrator himself is punished with a qishas penalty if it results in death and a ta'zir penalty if only minor injuries occur. However, Allah SWT strictly forbids this act and must be avoided by us as His creatures.

Copyrights © 2023






Journal Info

Abbrev

ojs

Publisher

Subject

Religion Law, Crime, Criminology & Criminal Justice

Description

This journal emphasizes specifics in the discourse of Islamic Law and Humanity, as well as communicating actual and contemporary research and problems related to Islamic studies. This journal openly accepts contributions from experts from related scientific disciplines. All articles published do not ...