eprintid: 68249
rev_number: 10
eprint_status: archive
userid: 12460
dir: disk0/00/06/82/49
datestamp: 2024-10-31 02:20:25
lastmod: 2024-10-31 02:20:25
status_changed: 2024-10-31 02:20:25
type: thesis
metadata_visibility: show
contact_email: muh.khabib@uin-suka.ac.id
creators_name: Juniati, S.H, NIM.: 22203011005
title: POLITIK HUKUM PIDANA MATI DALAM UNDANG-UNDANG NOMOR 1 TAHUN 2023 TENTANG KUHP PERSPEKTIF HUKUM ISLAM
ispublished: pub
subjects: 345
divisions: ilmu_sya
full_text_status: restricted
keywords: KUHP, Politik Hukum Pidana, Pidana Mati, Maqaṣid al-Syari'ah
note: Pembimbing: Dr.Ocktoberrinsyah, M.Ag.
abstract: 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.
date: 2024-06-26
date_type: published
pages: 157
institution: UIN SUNAN KALIJAGA YOGYAKARTA
department: FAKULTAS SYARI’AH DAN HUKUM
thesis_type: masters
thesis_name: other
citation:   Juniati, S.H, NIM.: 22203011005  (2024) POLITIK HUKUM PIDANA MATI DALAM UNDANG-UNDANG NOMOR 1 TAHUN 2023 TENTANG KUHP PERSPEKTIF HUKUM ISLAM.  Masters thesis, UIN SUNAN KALIJAGA YOGYAKARTA.   
document_url: https://digilib.uin-suka.ac.id/id/eprint/68249/1/22203011005_BAB-I_IV-atau-V_DAFTAR-PUSTAKA.pdf
document_url: https://digilib.uin-suka.ac.id/id/eprint/68249/2/22203011005_BAB-II_sampai_SEBELUM-BAB-TERAKHIR.pdf