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 PARADIGM OF DEATH PENALTY (COMPARATIVE STUDY IN INDONESIA, SAUDI ARABIA AND CHINA)

2020 ◽  
Vol 2 (1) ◽  
Author(s):  
Tedy Nopriandi ◽  
Risky Fany Ardhiansyah
Keyword(s):  
Saudi Arabia ◽  
Death Penalty ◽  
Criminal Law ◽  
Capital Punishment ◽  
Islamic Law ◽  
Human Life ◽  
Criminal Code ◽  
Comparative Approach ◽  
Law System ◽  
The Right

The death penalty is one of old criminal type as the age of human life, and the most controversial crime in of all criminal systems, both in countries that adhere to the Common Law System and in countries that embrace Civil Law, Islamic Law and Socialist Law. There are two main thoughts about the death penalty, namely: first, those who want to keep it based on the force provisions, and second are those who wish to the abolition as a whole. Indonesia includes a country that still maintains capital punishment in a positive legal system. This paper aims to resolve problems of the death penalty concept concerning the controversy purpose of the death penalty and to analyze the regulations, procedures and philosophies regarding the death penalty in Indonesia, Saudi Arabia and China. This paper uses normative juridical research and the methods based on the doctrine and developed by the author. The approach used the legal approach, historical approach and comparative approach, then analyzed by the customary method.The result of the study shows that the death penalty can be seen from the philosophical aspects of Indonesian criminal law, as well as the philosophical aspects of Islamic and Chinese criminal law. So that everything can not be separated from the essential legal objectives, namely for the creation of justice. Death penalty in Islamic law turns out the concept of restorative justice specifically for the crime of deliberate killing (al-qatl al-'amd), which the execution highly depends on the victim’s family. The victim’s family, in this case, has the right to choose whether qisas (death penalty) or their apologize for the murder suspect, and diyat payment. While China in the implementation of death penalty applies the concept of rehabilitation, which in the execution of the death penalty is called a death penalty delay for two years and in its implementation, the defendant is given a job and control them. Whereas in Indonesia, capital punishment is a specific criminal offence and threatened with alternatives and is still a draft Criminal Code.

scholarly journals KONSEPSI DAN APLIKASI PIDANA MATI DALAM PERADILAN DI INDONESIA

2017 ◽  
Vol 5 (4) ◽  
pp. 711
Author(s):  
I Made Pasek Budiawan
Keyword(s):  
Human Rights ◽  
Criminal Justice ◽  
Death Penalty ◽  
Criminal Law ◽  
Capital Punishment ◽  
Human Life ◽  
Criminal Code ◽  
Psychotropic Substances ◽  
Justice Process ◽  
Criminal Justice Process

Imposition of the death penalty by the judge in the criminal justice process Indonesia still remains a debate among groups that agread with the group that oppose it. But in some laws for special crimes such as terrorism, corruption, narcotics, psychotropic substances, and a human rights capital punishment is still regulated, as well as of the criminal code and the concept of the criminal code by 2015 capital punishment is still based. The  existence of the group that did not agree with the conception and application of this dying, argued that human life bussiness, my God, not the man to lift the perspective of the scientific criminal law that a death penalty still exists in all criminal acts by perpetrators of crimes with widespread impact as well as detrimental to the wider community the research for criminal santions was important to examine the existence of the norms of law as a basic for corrector by maximum capital punishment in Indonesia. Penjatuhan pidana mati oleh hakim dalam proses peradilan pidana Indonesia masih tetap menjadi perdebatan antara kelompok yang setuju dengan kelompok yang menentangnya. Namun dalam beberapa undang-undang tindak pidana khusus seperti terorisme, korupsi, narkotika, psikotropika dan peradilan hak asasi manusia pidana mati masih diatur, begitu juga KUHP dan konsep KUHP tahun 2015 pidana mati masih tetap dicanangkan. Adanya kelompok yang tidak setuju dengan konsepsi dan aplikasi pidana  mati ini berdalih bahwa nyawa manusia menjadi urusan Tuhan, bukan menjadi kewenangan manusia untuk mencabutnya. Perspektif keilmuan hukum pidana bahwa pidana mati masih eksis untuk diberlakukan sepanjang tindak pidana yang dilakukan pelaku menyangkut kejahatan luar biasa dengan dampak luas serta merugikan masyarakat luas. Penelitian terhadap sanksi pidana mati penting dilakukan guna meneliti keberadaan norma hukum sebagai dasar pembenar dijatuhkannya pidana mati ini di Indonesia.

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.

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.

Death and Dignity in American Law

2017 ◽  
Author(s):  
Emma Kaufman
Keyword(s):  
Death Penalty ◽  
Capital Punishment ◽  
Basic Question ◽  
Legal Cases ◽  
Death Sentences ◽  
The Supreme Court ◽  
Core Feature ◽  
American Law ◽  
Relational Concept ◽  
The Law

Dignity serves many purposes in American law, but the concept is perhaps most vital in decisions on the death penalty. Since 1972, when the Supreme Court briefly banned capital punishment, American jurists have debated whether death sentences violate “the dignity of man.” These legal debates describe dignity as an innately human attribute and a core feature of human nature. In practice, however, courts employ dignity to instantiate a particular model of democratic governance. Legal cases on the death penalty treat dignity as a fundamentally relational concept, less a characteristic of personhood than a state of existing in dialogue with the law. This vision of dignity is more institutional and alienable than conceptions that emphasize unwavering worth. Ultimately, the approach to dignity in death penalty cases displaces an individuated account of the term and raises a basic question about whether dignity can exist in the absence of the law.

Defending the Death Penalty

1980 ◽  
Vol 26 (4) ◽  
pp. 503-511 ◽  
Author(s):  
Walter Berns
Keyword(s):  
Political Philosophy ◽  
Death Penalty ◽  
Capital Punishment ◽  
Human Life ◽  
The Law

The allegedly moral objections to capital punishment are a product of modern amoral political philosophy, from which has derived the modern reluctance to exact retribution. Retribution is demanded by angry and morally indignant people, and, it is said, there is no legitimate basis for this anger and indignation. But anger, as Aristotle demonstrates, is con nected to justice; and, when it is aroused by the sight of crime, it deserves to be rewarded. By punishing the criminal, the law rewards this anger and thereby teaches law-abidingness; by so doing, it promotes respect for those things-such as human life-that the criminal has violated. From retribu tion comes the principle that the punishment should fit the crime, and the only punishment that fits some crimes-for example, some particularly heinous murders-is capital punishment. If human life is to be held in awe, as it should be, the law forbidding the taking of it must be held in awe, and the only way the law can be made awe inspiring is to entitle it to inflict the penalty of death.

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 MISUNDERSTANDING OF THE INDONESIAN HUMAN RIGHTS ACTIVISTS ON THE APPLICATION OF THE DEATH PENALTY

Asy-Syari ah ◽  
2016 ◽  
Vol 18 (1) ◽  
pp. 185-198
Author(s):  
Tajul Arifin
Keyword(s):  
United States ◽  
Human Rights ◽  
United Nations ◽  
Death Penalty ◽  
Criminal Law ◽  
Capital Punishment ◽  
Statistical Data ◽  
The United States ◽  
Drugs And Crime ◽  
Low Rate

AbstractThis research mainly uses statistical data published by the United Nations Office on Drugs and Crime (UNDDC) in April 2014 to support the hypothesis of this research that “Human Rights Activists in Indonesia as in other countries have failed in comprehending the wisdom (hikmah) of the application of Capital Punishment”. This study found that: (1) the hypothesis of this research was strongly supported by the data; (2) the application of Syari`ah Criminal Law in Saudi Arabia has been an unchallenged proof for the wisdom (hikmah) behind the application of Capital Punishment by keeping the level of murder crime to a low rate which sharply contrast to many countries which apply positive laws which are based on a social contract between the ruler and the ruled, such as in The United States and Mexico; and (3) In upholding the true justice in Islamic Criminal Law, punishment can only be awarded to the criminals in a society where the Islamic ideal of social justice has been achieved. AbstrakPenelitian ini menggunakan data statistik yang diterbitkan oleh United Nations Office on Drugs and Crime (UNDDC) pada bulan April 2014 untuk mendukung hipotesis dari penelitian ini bahwa "Aktivis HAM di Indonesia seperti di negara-negara lain telah gagal dalam memahami hikmah dari penerapan hukuman mati". Studi ini menemukan bahwa: (1) hipotesis penelitian ini sangat didukung oleh data; (2) penerapan Hukum Pidana Syari`ah di Arab Saudi telah menjadi bukti tak terbantahkan untuk menunjukkan hikmah di balik penerapan hukuman mati dengan menjaga tingkat kejahatan pembunuhan pada tingkat yang sangat rendah yang sangat berlawanan dengan yang terjadi di banyak negara yang menerapkan hukum positif yang didasarkan pada kontrak sosial antara penguasa dan rakyat, seperti di Amerika Serikat dan Meksiko; dan (3) dalam menegakkan keadilan sejati dalam Hukum Pidana Islam, hukuman hanya dapat diberikan kepada penjahat dalam masyarakat di mana keadilan sosial yang ideal menurut Islam telah dicapai.

Testing Death Penalty Opinions With General Questions and A Specific Case Scenario: Potential Lessons From China

2021 ◽  
pp. 0306624X2110668
Author(s):  
Bin Liang ◽  
Hong Lu ◽  
Jianhong Liu
Keyword(s):  
Public Opinion ◽  
Death Penalty ◽  
Capital Punishment ◽  
Multivariate Analyses ◽  
Chinese Students ◽  
Case Scenario ◽  
Death Sentences ◽  
Crime Scenarios ◽  
Death Penalty Opinion

Despite rich literature on public opinion on capital punishment, only a few studies examined people’s death penalty support within specific contexts. None have explored if correlates that influence people’s opinion would hold the same effect in general questions and specific case scenarios. Similarly, the Marshall hypotheses have not been tested with specific crime scenarios. Based on a sample of 1,077 students in a quasiexperimental design, this study contrasts Chinese students’ death penalty opinion in general questions with a specific crime scenario, and tests the Marshall hypotheses with the latter. Compared to their support in general questions, students’ support for death sentences dropped significantly in the specific crime scenario. Multivariate analyses showed that different factors influenced people’s decisions in the general questions and in the specific case, and respondents’ choices of preferred punishment in the specific crime scenario failed to lend support to the Marshall hypotheses.

Varieties of Attack on the Death Penalty

1969 ◽  
Vol 15 (1) ◽  
pp. 112-120 ◽  
Author(s):  
Jack Greenberg ◽  
Jack Himmelstein
Keyword(s):  
United States ◽  
Death Penalty ◽  
Legal System ◽  
Capital Punishment ◽  
The United States ◽  
Legal Challenge ◽  
Death Sentences ◽  
The Way

The latest execution in the United States occurred on June 2, 1967. Since then, death sentences have been stayed as courts across the country consider a legal challenge to the constitution ality of the death penalty. This paper describes the distorting effect that capital punishment has had on the legal system and the discriminations in the way it has been administered—for example, in rape cases it is applied almost exclusively to Negroes convicted of raping while women. The legal attack focuses on those procedural vices that reflect the arbitrariness and irration ality inherent in capital punishment. Courts are being called on to subject the death penalty to a reasoned examination and to test its validity against the commands of the Constitution, while the number of persons on the nation's death rows continues to grow past the 500 mark. This confrontation on the issue of capital punishment is part of the more general conflict taking place over how society may best cope with its problems without resort to violence.

Sign in / Sign up

Export Citation Format

Share Document