scholarly journals EKSEKUSI HUKUMAN MATI DI INDONESIA (TINJAUAN HUKUM PIDANA ISLAM)

2014 ◽  
Vol 14 (1) ◽  
Author(s):  
NURWAHIDAH NURWAHIDAH
Keyword(s):  
Death Penalty ◽  
Criminal Law ◽  
Indonesian Government ◽  
Pros And Cons

The death penalty is still carried out in many countries, including Indonesia. Considering the death penalty concerning human lives, then multiply the pros and cons of going on in the community, but the Indonesian government together with some elements of society who support the death penalty remains on the establishment, that the death penalty should still be implemented to protect life. This paper seeks to inform some of the death penalty that has been implemented for a variety of specific criminal acts. This paper seeks to criticize, the extent of execution cases it can be justified according to Islamic criminal law. The results of this paper show the majority of crimes are indeed subject to the death penalty, there are still containing the controversy, but some are actually able to be released from the death penalty because the victim's family in a murder case has been forgiven.

Telaah Terhadap Pro dan Kontra Hukuman Mati di Indonesia dalam Perspektif Pidana Islam

2018 ◽  
Vol 4 (2) ◽  
pp. 214-226
Author(s):  
Risalan Basri Harahap
Keyword(s):  
Death Penalty ◽  
Criminal Law ◽  
Capital Punishment ◽  
Human Life ◽  
Indonesian Government ◽  
Death Sentences ◽  
Pros And Cons

Capital punishment is still carried out in many countries, including Indonesia. Considering that the death penalty involves human life, there are many pros and cons in the community. Each opinion group has put forward its statement according to the perspective they propose so that it becomes a prolonged legal polemic. however, the Indonesian government together with a number of elements of society that support the death penalty remain at the establishment, that capital punishment must still be carried out to protect life. This paper attempts to inform some of the death sentences that have been carried out for various specific crimes. This paper attempts to analyze how far the cases of execution can be justified according to Islamic criminal law. The results of this paper indicate that some of these crimes can indeed be subject to capital punishment, some still contain controversy, but some are actually released from the death penalty because the victim's family in the murder case has forgiven.

scholarly journals PELAKSANAAN HUKUMAN MATI DALAM PERSEPEKTIF HAK ASASI MANUSIA

2020 ◽  
Vol 1 (1) ◽  
pp. 76
Author(s):  
Heriyono Heriyono
Keyword(s):  
Law Enforcement ◽  
Death Penalty ◽  
Logical Consequence ◽  
Illegal Drugs ◽  
Indonesian Government ◽  
Historical Factors ◽  
History Of ◽  
Pros And Cons ◽  
Three Stages ◽  
The Government

In 2015 the Government of Indonesia carried out three stages of executions of 18 inmates, out of 18 convicted prisoners, only 4 inmates were Indonesian citizens, the rest were foreign nationals, this was what later made the execution of death executions by the Indonesian government in 2015 a global spotlight . For the Indonesian government, the execution of several people convicted of narcotics and illegal drugs is a logical consequence of the spirit of law enforcement in Indonesia. It is also evidence of the government's commitment in its fight against drugs. In Indonesia, violations and crimes against the misuse of narcotics and illegal drugs are high class crimes (extra ordinary crime) as well as terrorism. This article discusses how the history of the death penalty, then also about the existence of the implementation of the death penalty in the legal system in Indonesia, furthermore also about the debate and pros and cons of the implementation of the death penalty, and the last is about the implementation of the death penalty in the perspective of human rights relativeiseme. This arithmetic draws the conclusion that the development of the pendang way of carrying out the death penalty is strongly influenced by historical factors of the country concerned. In addition, natural factors (culture) and culture (culture) also influence the development of thought implementation and application of the death penalty.

scholarly journals PIDANA MATI DAN HAK ASASI MANUSIA

to-ra ◽  
2015 ◽  
Vol 1 (1) ◽  
pp. 57
Author(s):  
Nikson Gans Lalu
Keyword(s):  
Human Rights ◽  
Death Penalty ◽  
Criminal Law ◽  
Life Time ◽  
Draft Code ◽  
Positive Law ◽  
The People ◽  
Pros And Cons ◽  
Individual Protection ◽  
The Individual

Death penalty is regulated in positive law of Indonesia, both governed in Civil Code and outside Code of Criminal Law, such in the Terrorism Law, Narcotics Law, and Corruption Crime Act Eradication Law. This indicates that death penalty is viewed as relevant in line with the crime dynamics growing in the community. Debates regarding death penalty among the pros and cons still take place in Indonesia so it raises a question among the people, how the existence of death penalty is seen of the viewpoints of Pancasila and Human Rights? Indeed, Pancasila contains balance value between one principle to another. If the Pancasila is seen partialy, then the answer arises on the question is the death penalty is contradictory to the Pancasila and Human Rights, however some answer also indicate it is not contracdictory to the Pancasila and Human Rights. National Draft Code of Criminal Law consistently retains the death penalty. However, in it‟s formulation policy remains considering the individual protection, namely enactment on provisions regarding “the suspension of death penalty execution” or “conditional death penalty, “if in the probation period (10 years) the convicted criminal does not show a good conduct, then the death penalty may be changed to life time imprisonment or 20 years imprisonment. The basic idea of maintaining the death penalty is to avoid people‟s demand/reaction which is revenge in nature or “extralegal execution” in nature.   Kata Kunci: Pidana mati

scholarly journals The Study of Implementation Effectiveness in the Various Criminal Law Policies During the Covid-19 Pandemic

2021 ◽  
Vol 23 (3) ◽  
pp. 359-378
Author(s):  
Joko Sri Widodo ◽  
Kristiawanto Kristiawanto ◽  
Tofik Yanuar Chandra
Keyword(s):  
Criminal Law ◽  
Mutual Support ◽  
Criminal Cases ◽  
Indonesian Government ◽  
Criminal Sanctions ◽  
Public Areas ◽  
Pros And Cons ◽  
The Government ◽  
Corruption Prevention ◽  
Assimilation Policy

There are various pros and cons to the criminal law policies by the Indonesian government in the context of dealing with covid 19. So it is necessary to have a study related to the effectiveness of implementing these various policies. The author's background is to discuss the formulation of the problem in this article: What is the criminal law policy during the covid 19 pandemic? And how is the effectiveness in the implementation of these policies? This article uses a normative juridical research method that examines various positive laws from the applicable laws and regulations, and then it is analyzed in analytical descriptive. The Indonesian government has established various policies to prevent the covid 19 transmission. The guidelines consist of: the formation of various legal regulations related to the covid pandemic; a policy of criminal sanctions for violators of social policies during the covid 19 pandemic; prisoner assimilation policy; electronic trial of criminal cases during the covid 19 pandemic; corruption prevention policies; policies on workplaces in public areas. Regarding the effectiveness of implementing these policies, it can be said that the execution tends to be less optimal because the policies are contrary to one another. So this article provides suggestions to the government and the community should have mutual support for the implementation of criminal law policies during the COVID-19 pandemic can be effective.

scholarly journals PIDANA MATI DALAM PERSPEKTIF HUKUM PIDANA DAN HUKUM PIDANA ISLAM

2017 ◽  
Vol 16 (1) ◽  
pp. 125
Author(s):  
Roni Efendi
Keyword(s):  
Death Penalty ◽  
Criminal Law ◽  
Legal System ◽  
Capital Punishment ◽  
Islamic Law ◽  
Crime Rates ◽  
Law System ◽  
Legal Standing ◽  
Pros And Cons ◽  
Sense Of Justice

Debatable of the death penalty actually based on the issue of justice, humanity and the prevention of the possibility of crime. The reasons for the rejection of the death penalty are not justified in the view of life as well as humanitarian factors and the imposition of capital punishment will not be able to prevent crime and reduce crime rates. But for those who agree with the imposition of capital punishment because of the sense of justice and peace that is in the community. The portrait is just a glimpse of the issue that colored the discourse on the pros and cons of the existence of capital punishment. Between the retensionist and the abilitionist against true the death penalty has an argument each based on his theoretical framework and norms. Indonesia as one of the countries with the European Continental legal system still apply the death penalty in punishment system beside Saudi Arabia with qhisash which  applid in Islamic Law system. Both countries have a legal standing built on the meta norms, their theories and philosophies each of course has its own urgency to be discussed in the midst of countries that condemn the existence of capital punishment. Here's an article that analyzes comparative relation to the application of thedeath penaltyin both countries that embraces the different legal system, from this comparative study will contribute thoughts in the reform of criminal law in Indonesia.

ANALISIS HUKUM PIDANA DENDA PELANGGARAN LALU LINTAS DI KOTA BENGKULU (DITINJAU DARI UNDANG-UNDANG NOMOR 22 TAHUN 2009 TENTANG LALU LINTAS DAN ANGKUTAN JALAN)

2019 ◽  
Vol 2 (1) ◽  
pp. 24-33
Author(s):  
Apen Diansyah
Keyword(s):  
Death Penalty ◽  
Criminal Law ◽  
Secondary Data ◽  
Criminal Code ◽  
Primary Data ◽  
Economic Factors ◽  
Inhibiting Factors ◽  
Library Research ◽  
The Law ◽  
The City

ABSTRAKPenelitian ini ditujukan untuk mengetahui penerapan denda terhadap pelanggar berlalu lintas di kota Bengkulu ditinjau dari Undang-undang Nomor 22 Tahun 2009, serta untuk mengetahui faktor penghambat dalam penerapan pidana denda terhadap pelanggar barlalu lintas di Kota Bengkulu. Penelitian dilaksanakan disatuan lalu lintas Polres dan Polda Kota Bengkulu. Adapun data yang didapatkan adalah data primer dan data sekunder melalui penelitian lapangan dan penelitian kepustakaan, kemudian data dianalisis dengan cara deskriptif. Peraturan yang tertera pada undang-undang yang tertera sepenuhnya untuk meningkatkan kesadaran untuk setiap pelanggar yang melakukan pelanggaran, tetapi pada kota Bengkulu undang-undang tersebut tidak sepenuhnya berjalan efektif. Menurut pandangan Undang-undang 22 Tahun 2009, penerapan pidana denda masuk dalam kategori pidana pokok (sesuai Pasal 10 KUHP) sebagai urutan terakhir atau keempat, sesudah pidana mati, pidana penjara dan pidana kurungan. Selain dari itu, faktor penghambat keefektifan Undang-undang seperti faktor ekonomi, faktor kedekatan emosional dan faktor kekebalan institusional.Kata kunci: tindak pidana; hukum pidana; dendaABSTRACTThis study aims to determine the application of violators from cities in Bengkulu in terms of Law Number 22 of 2009, and to find out the inhibiting factors in the application of fines to traffic violators in the city of Bengkulu. The research was carried out in the traffic city of the City Police of the City of Bengkulu. The data obtained are primary data and secondary data used for library research and research, then the data are analyzed descriptively. The regulations stated in the law that are fully stated to increase awareness for every offender who commits an offense, but in the city of Bengkulu the law is not fully effective. According to the view of Law 22 of 2009, the application of criminal fines falls into the main criminal category (according to Article 10 of the Criminal Code) as the last or fourth order, after the death penalty, imprisonment and imprisonment. Apart from that, factors inhibiting the effectiveness of the law such as economic factors, emotional proximity factors and institutional immune factors.Keywords: crime; criminal law; fines

The main types of penalties related to deprivation of liberty and their content under the Qatari Criminal Code (comparative legal analysis with certain norms of Russian legislation)

2020 ◽  
pp. 100-104
Author(s):  
Андрей Петрович Скиба ◽  
Андрей Владимирович Ковш ◽  
Александра Николаевна Мяханова
Keyword(s):  
Death Penalty ◽  
Criminal Law ◽  
Criminal Code ◽  
Legal Analysis ◽  
Life Imprisonment

В статье проводится сравнительно-правовой анализ ряда норм катарского уголовного законодательства, а также российского уголовного и уголовно-исполнительного законодательства. Рассматриваются виды наказаний, связанных с лишением свободы, и их содержание по Уголовному кодексу Катара. Дополнительно обращается внимание на систему и содержание отдельных наказаний (в виде смертной казни, пожизненного лишения свободы и лишения свободы на определенный срок). Формулируется авторская редакция статей 57-62 Уголовного кодекса Катара, касающихся системы основных видов наказаний и их содержания. The article provides a comparative legal analysis of a number of norms of Qatari criminal law, as well as Russian criminal and penal enforcement legislation. The types of punishments related to deprivation of liberty and their content under the Qatari Criminal code are considered. In addition, attention is drawn to the system of punishments, the content of individual punishments (in the form of the death penalty, life imprisonment and imprisonment for a certain period). The author's version of articles 57-62 of the Criminal Code of Qatar concerning the system of main types of punishments and their content is formulated.

Tanzanian Criminal Law

2020 ◽  
pp. 112-116
Author(s):  
Peter H. Reid
Keyword(s):  
Death Penalty ◽  
Criminal Law ◽  
Common Law ◽  
Penal Code ◽  
Customary Law ◽  
Evidence Code ◽  
British Colony ◽  
British Colonial ◽  
Civil Codes ◽  
Procedure Codes

“If a Person is convicted of murder, the death penalty is obligatory.” Although Tanzanian criminal law is derived from the British colonial legal system, by the time of trial changes had been made. The Indian Codes—that is, Penal Code, Evidence Code, and certain civil codes—had been developed starting in the mid-1820s by legal scholars in England. These scholar took the unwritten common law of England and produced coherent, consistent codes to be used in the British colony of India. The Indian Codes were adopted in East Africa, including Tanganyika, in the early 1920s. This chapter describes the criminal law applicable to the Bill Kinsey case, including the interplay of customary law with the colonial-based evidence, criminal, and criminal procedure codes.

Questions on Criminal Law and Incarceration

2019 ◽  
pp. 213-236
Keyword(s):  
Sex Offenders ◽  
Death Penalty ◽  
Criminal Law ◽  
Forensic Psychiatry ◽  
Criminal Procedure ◽  
Diminished Capacity ◽  
Questions And Answers ◽  
Self Test

This chapter presents self-test questions and answers on criminal law and incarceration in forensic psychiatry, and includes criminal procedure, criminal competencies, diminished capacity, insanity, prisoners’ rights, the death penalty, and sex offenders.

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