Hukuman Mati Atas Delik Pembunuhan Menurut Hukum Pidana Islam Dan Hukum Pidana Positif

Abstract

: The Death Penalty for Murderer in the Islamic Criminal Law and in the Indonesian Criminal Law. The issue of death penalty has always been a disputable issue among the jurists, especially in Indonesia. Those who support the punishment may reason that death penalty is in conformity with religious teachings and social principles; whereas those who oppose it find their reasons from humanitarians views which impose the human rights. This article tries to analyse how the Indonesia Criminal Law treats the issue of capital punishment and compare it with the Islamic Criminal Law, particularly in the case of intentional murders. It involves inter-disciplinal approaches-using not only normative but also sociological and psychological approaches. Having compared and analyzed the two legal systems, this study reveals that the adoption of the death punishment both in the Islamic and Indonesia Criminal Law, in fact, may strongly impose moral, justice and humanity values which are essential to create order and peace among humankind