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SINKRONISASI KUHP DENGAN HUKUM PIDANA ISLAM TENTANG SANKSI BAGI PELAKU TINDAK PIDANA PEMBUNUHAN BERENCANA

Taufik, Hidayat SINKRONISASI KUHP DENGAN HUKUM PIDANA ISLAM TENTANG SANKSI BAGI PELAKU TINDAK PIDANA PEMBUNUHAN BERENCANA. As regulated in Article 340 of the kuhp, anyone who commits a crime of premeditated murder will be threatened with death penalty or life imprisonment or jail for a maximum of twenty years. But it needs to be put forward here before the entry into force of.

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Abstract

As regulated in Article 340 of the kuhp, anyone who commits a crime of premeditated murder will be threatened with death penalty or life imprisonment or jail for a maximum of twenty years. But it needs to be put forward here before the entry into force of the KUHP of 1908, some areas in Indonesia have applied Islamic criminal law. After Indonesia became independent the wish to apply Islamic criminal law was raised again, although in the fourth alenia The preamble of the 1945 has stipulated that the constitution of the state is made based on the One Supreme God. Therefore it is necessary to conduct research of synchronization of KUHP with Islamic criminal law. This research is normative law research using legal synchronization approach approach through literature study. Based on the results of the study, the authors concluded the KUHP in sync with the Islamic criminal law on the sanctions of death penalty and imprisonment. To enforce death penalty must be fulfilled with the planned element (voorbedachte). Imam Abu Hanifah argues that death penaltyis the heaviest criminal therefore there should be no shubhat in the murder, no syubhat will exist if the murder is planned first. This opinion is reinforced by Quraish Shihab when interpreting the word yaqtul (fi'il mudhari'/present tense) in the Qur'an that the murder was long planned. Unlike the KUHP, to achieve justice, the death penalty is determined by the victim's family, if forgiven then it is replaced with a fine of 100 camels. If a fine is also condoned then the judge is entitled to impose a criminal jail. With this research, it is suggested that death penaltyis not eliminated from Indonesian criminal law and in the reform of Indonesian criminal law should continue to include the substance of Islamic criminal law.

Item Type: Article
Depositing User: Alfred Alfred alfred@uinib.ac.id
Date Deposited: 26 May 2023 03:17
Last Modified: 26 May 2023 03:17
URI: https://scholar.uinib.ac.id/id/eprint/1665

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