THE OPPURTUNITIES AND CHALLENGES OF ISLAMIC CRIMINAL LAW IN THE RENEWAL OF CRIMINAL LAW IN INDONESIA

Authors

  • Fitri Wahyuni Universitas Islam Indragiri
  • Riana Kesuma Ayu Sekolah Tinggi Ilmu Hukum (STIH) Sultan Adam

DOI:

https://doi.org/10.48171/jwh.v3i1.46

Keywords:

Oppurtinities, Challenges, Criminal Law, Islamic Law, Human Rights

Abstract

This research to analyze about the challenge to enter and implement the Islamic criminal law system in Indonesia because majority of Indonesian citizens are Muslim, so enforcing Islamic criminal law is not as easy as discussed because there are many obstacles and challenges faced in enforcing Islamic criminal law. 

One of the obstacles or challenges to enacting Islamic criminal law is that there are many assumptions that Islamic criminal law is a law that violates human rights, for example Islamic criminal law imposes a punishment of cutting off their hands for those who are proven to have stolen, some think that the punishment of cutting off their hands is a cruel and unjust punishment human rights and violates human rights, many are against this punishment because after the perpetrators have their hands cut off, they question how the perpetrators survive after their hands are cut off and have no hands for the rest of their life, how the perpetrators carry out their activities after having their hands cut off, this is considered a violation of human rights.

The purpose of Islamic law, namely the enforcement of justice, the perpetrators are punished according to their actions, the punishment is commensurate and balanced between the actions and the consequences, in addition to upholding justice it also deters the perpetrators of crimes, provides examples of lessons to others so as not to do the same, corrects the perpetrators. crime to be better and repent, but keep in mind in one thing, Islamic criminal law does not necessarily apply qisas law because in some criminal acts there are still alternative choices of punishment if the victim's family forgives the perpetrator, it can be replaced with other punishments such as paying a fine.The biggest challenge to enter and implement the Islamic criminal law system in Indonesia is the stigmatization in the Islamic criminal law community is a cruel and inhuman punishment, steps are needed to adopt the concepts of Islamic criminal law in every formation of legislation.

The normative-sociological method by conducting a study of various laws and practices.

The conclusion that can be drawn in this research is There are several options for enacting Islamic criminal law in the renewal of national criminal law include expanding the competence of the Religious Courts, incorporating concepts or elements of Islamic law in the field of jinayah in National Law, optimizing regional regulations with sharia nuances. Thus Islamic criminal law can color positive criminal law as part of reforming national criminal law with good goals, one of which is reducing crime rates, peace in people's lives, creating peace.

Published

2022-05-05

How to Cite

Wahyuni, F., & Ayu, R. K. (2022). THE OPPURTUNITIES AND CHALLENGES OF ISLAMIC CRIMINAL LAW IN THE RENEWAL OF CRIMINAL LAW IN INDONESIA. DE JURE Critical Laws Journal, 3(1), 65–75. https://doi.org/10.48171/jwh.v3i1.46