STUDI KOMPARASI GANTI KERUGIAN DALAM QANUN JINAYAT ACEH DAN KITAB UNDANG-UNDANG HUKUM PIDANA (KUHP)

MARTUNIS, NIM. 15340033 (2022) STUDI KOMPARASI GANTI KERUGIAN DALAM QANUN JINAYAT ACEH DAN KITAB UNDANG-UNDANG HUKUM PIDANA (KUHP). Skripsi thesis, UIN SUNAN KALIJAGA YOGYAKARTA.

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Abstract

Compensation is someone’s right to get fulfillment of his demands because of the mistake of people or the laws which is applied to him, as one of the legal protection against the suspects, the defendants, and the convicts have the right to advance a pretrial to fulfill their rights. Aceh is one of the provinces of Indonesia that implements the criminal law based on the religious ideological views of its people, it is the religion of Islam which is regulated in the Qanun Jinayat. The problem will be discussed is how the rules of compensation in the Qanun Jinayat and the criminal law code? And how is the comparison of compensation in the Qanun Jinayat and the criminal law code? The method which is used in this study is qualitative with a comparative juridical approach by comparing one law with another law regarding equalities and differences. Based on the results of this study which is conducted it can be known that in the criminal law code the nominal which must be given to the victim is only regulated by the rule that is from the least in accordance with the magnitude of the consequences caused. While in the Qanun Jinayat regarding the amount of compensation is regulated and firmly in accordance with article 68 Paragraphof (3) Numver 6 of 2014 on Qanun Jinayat which applies for one day the amount that must be replaced by 0,3 grams of gold or can be replaced with money whose value is equivalent to gold. In general regarding compensation, both in the criminal code and Qanun Jinayat have no difference although in the Qanun Jinayat does not explain specifically about the compensation itself, both of them explain that compensation is the right of a person who is given to them because the negligence of law enforcement officials in applying the applicable law.

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