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POLITIK HUKUM PIDANA MATI DALAM UNDANG-UNDANG NOMOR 1 TAHUN 2023 TENTANG KUHP PERSPEKTIF HUKUM ISLAM
After the ratification of Law No. 1 of 2023 concerning the Criminal Code on December 6, 2022, there were many pros and cons. One of the debates is the death penalty listed in article 100, which previously had the main punishment according to article 10 jo 11 of the Criminal Code which changed to death penalty with a probation period of 10 years imprisonment. With this change, legal politics functions as a determinant of the direction, form, and legal issues that become social goals and state goals. Furthermore, Islamic law (maqāṣid al-syarī'ah) is used as the basis or legal analysis of death penalty reform. The type of this research is library research, which is a series of activities related to library data collection methods. This research uses a juridical-normative approach then the theory of legal politics, criminal law politics and Islamic law theory (maqāṣid al-syarī'ah) as an analytical tool to explain the politics of criminal law against the death penalty in Law No. 1 of 2023 concerning the Criminal Code from an Islamic law perspective. Based on the results of the research, it can be concluded that although there are many obstacles and a very long process, finally Law No. 1 of 2023 concerning the Criminal Code was passed, this can be seen from the minutes of the trial. The reform of Law No. 1 of 2023 concerning the Criminal Code, especially Article 100, uses a compromise approach that makes the death penalty an ultimum remedium so that it is a middle ground between the pros and cons. Law No. 1 of 2023 concerning the Criminal Code, which refers to Article 100, does not conflict with maqāṣid syarī'ah, rather this change can be said to be an effort to protect the soul and provide opportunities for criminals to be able to improve themselves with the purpose of criminal law. One of which in Islamic law is (al-Islāh) which means recovery / repair.
FAKULTAS SYARI’AH DAN HUKUM, UIN SUNAN KALIJAGA YOGYAKARTA
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