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Yunika Triana
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Contemporary Islamic Law and Legal Issue
Published by CV. Presscience
Core Subject :
Focus Contemporary Islamic Law and Legal Issues is an interdisciplinary academic journal dedicated to exploring the dynamic interplay between Islamic law (Sharia) and modern legal systems in addressing contemporary challenges. The journal provides a platform for rigorous scholarly analysis, critical debate, and innovative perspectives on the application, interpretation, and evolution of Islamic legal principles in today’s globalized world. It emphasizes both theoretical advancements and practical implications, fostering dialogue among scholars, jurists, policymakers, and practitioners. Scope The journal welcomes submissions that examine a wide range of topics related to Islamic law and its interaction with contemporary legal issues, including but not limited to: - Islamic Jurisprudence (Fiqh) and Modern Contexts: Studies on the adaptation of traditional Islamic legal rulings to emerging societal, technological, and ethical questions. - Comparative Law: Analyses of Islamic law in relation to secular legal frameworks, international law, and human rights discourses. - Family and Personal Status Law: Contemporary developments in marriage, divorce, inheritance, and custody within Islamic legal traditions. - Islamic Finance and Economics: Legal perspectives on Islamic banking, finance, trade, and economic justice in the modern era. - Criminal Justice and Hudud: Debates on the application of Islamic penal laws in modern states and their compatibility with global norms. - Gender and Islamic Law: Critical examinations of women’s rights, gender equity, and feminist interpretations within Islamic legal frameworks. - Technology and Law: The impact of digital innovation, artificial intelligence, and bioethics on Islamic legal thought. - Politics and Governance: The role of Islamic law in constitutional systems, governance models, and state policies in Muslim-majority and minority contexts. - Interfaith and Multicultural Perspectives: Exploration of Islamic law’s role in pluralistic societies and its engagement with other religious or cultural legal traditions.
Arjuna Subject : -
Articles 11 Documents
Analysis of Capital Punishment as a Last Resort in the National Criminal Justice System Safaruddin Harefa
Contemporary Islamic Law and Legal Issue Vol. 2 No. 1 (2027)
Publisher : Presscience

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.63120/islamiclegalissue.v2i1.115

Abstract

This study examines the evolving position of capital punishment within Indonesia’s criminal justice system in light of recent statutory reforms and persistent institutional shortcomings. Although Indonesia continues to retain and implement the death penalty, particularly for narcotics offenses, the enactment of KUHP 2023 and the emergence of the Draft Law on the Implementation of Death Penalty introduce a new conditional framework that formally positions execution as a last resort. Using a normative juridical method that analyzes legislation, judicial decisions, doctrinal writings, and international human rights instruments, this study evaluates the coherence of these reforms and their interaction with constitutional guarantees, fair-trial principles, and global penal trends. The findings reveal significant gaps between normative aspirations and institutional realities: inconsistencies in judicial reasoning, weaknesses in investigative procedures, ambiguous clemency standards, and limited correctional capacity undermine the reliability of capital sentencing. At the same time, the probationary model and conversion mechanism signal an emerging shift toward conditional retention that narrows—but does not eliminate—the scope of death penalty application. The study concludes that Indonesia’s current framework represents a transitional phase marked by partial alignment with human rights norms yet constrained by structural fragilities that hinder the realization of capital punishment as a genuine last-resort measure.

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