Journal of Law and Nation
Vol. 2 No. 3 (2024): Journal of Law and Nation

STUDI KOMPARATIF PELAKU TINDAK PIDANA NARKOTIKA MENURUT UNDANG-UNDANG NOMOR 35 TAHUN 2009 TENTANG NARKOTIKA DAN HUKUM ISLAM

Wahyu Akbar Prantoko (Universitas Sunan Giri Surabaya, Indonesia)
Rachmat Ihya (Universitas Sunan Giri Surabaya, Indonesia)



Article Info

Publish Date
11 Dec 2025

Abstract

This research examines how drug criminal sanctions are implemented against violators inaccordance with Law no. 35 of 2009 concerning Narcotics and how to apply sanctions accordingto Islamic law. Research from the library includes this research. Research findings show that theapplication of penalties in Law no. 35 of 2009 concerning Narcotics towards perpetrators of drugcrimes relating to Articles 116, 121, 133 and 134. The findings of this research also show that thepunishment of ta'zir, as stipulated in Islamic law, can be imposed on those who commit drug- related offences. According to the judge's policy, there are several types of punishment for ta'zir, including beatings, detention, publication, punishment in the form of property, and others. He believes that this form of punishment can have a deterrent effect on both the perpetrator and otherpeople. Both the use of illegal substances and drug laws are prohibited. Similar to the prohibitionof drinking alcoholic beverages according to certain hadiths and the holy Koran, narcotics and the consumption of illegal drugs are also prohibited. Apart from that, some academics think thereare sanctions.

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Journal Info

Abbrev

SOLICLAW

Publisher

Subject

Description

Focuses on literature and field studies on law-related matters. The scope is related to legal theory, E-Commerce law, Legal and Deductive Reasoning, International Law, Constitutional Law, Contract Law, administrative law, International Law environment, Money theft, business law, Civil and Criminal ...