PENGGELANDANGAN PERSPEKTIF SIYASAH TASYRIʻIYYAH (STUDI PASAL 431 RANCANGAN KITAB UNDANG-UNDANG HUKUM PIDANA TAHUN 2019)

Muhammad Soleh Aminullah, S.H, NIM.: 18203010135 (2021) PENGGELANDANGAN PERSPEKTIF SIYASAH TASYRIʻIYYAH (STUDI PASAL 431 RANCANGAN KITAB UNDANG-UNDANG HUKUM PIDANA TAHUN 2019). Masters thesis, UIN SUNAN KALIJAGA YOGYAKARTA.

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Abstract

This thesis departs from the issue of punishment for homeless people as outlined in Article 431 of the Draft Criminal Code (RKUHP). This article does not provide clarity on the category of homeless people who disturb public order and the fines imposed on them (homeless). This research is a normative law with a statutory approach. Data collection techniques used are primary sources related to law (law), secondary sources related to books, journals and other supporting sources. While the data analysis used is qualitative analysis with the intention of the data being compiled, analyzed, and described then a conclusion is drawn. The results of this study indicate that; first, based on the concept of siyāsah tasyrīʻiyyah, mainly in the basic principles of forming rules in Islam universally, the RKUHP is considered to contain benefits and rejects harm, because its existence is to change the basic ideas in the Criminal Code which are currently in effect so that they are always in accordance with the values of the Indonesian nation. However, in substance, Article 431 does not fulfill the basic principles of rule formation in Islam. Second, the statutory process does not fulfill the principles of forming regulations, both formally and materially. Political law views that universally the RKUHP animates the basic values and objectives of reforming both philosophically, sociologically and juridically. However, the substance of Article 431 is inconsistent with the basic values of reform and the idealized national legal framework. The right of the people to the state is no exception, that in this case the people have the right to criticize any policies or regulations issued by the government if the regulations do not take sides with themselves (the people). In terms of carrying out his mandate, a leader must always be responsible and maximally for the benefit of the people.

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