Transformasi Hukum Pidana Islam dalam Tata Hukum Indonesia

International Journal of Advanced Corporate Learning (iJAC)

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Title Transformasi Hukum Pidana Islam dalam Tata Hukum Indonesia
Creator Munajat, Makhrus
Description The formalization of Islamic criminal law in Indonesia is still and always debated in terms of its legal rules or the establishment of Islamic values, meaning that the substance is more important than the formal rules. Transformation of Islamic criminal law is a change that occurs in the determination of law, both concerning the type of crime (jarīmah) or its sanctions due to time and social dynamics. The criminal act (jarīmah) and its sanctions are interconnection between the principal law (al-aḥkām al-aṣliyyah) which contains the prohibition and supporting law (al-aḥkām al-muayyidah) which contains sanctions. The model of the transformation of Islamic criminal law in Indonesia is to make Islamic criminal law a law that can be accepted by Indonesian people, by not distinguishing ethnicity, adat (tradition), culture and religion. The objectivity of Islamic criminal law in Indonesia is used as the basis for the formation of national laws whose pluralistic communities are offered universal values so that they can be accepted by all citizens without questioning the origin of the values.
Publisher Fakultas Syariah IAIN Purwokerto
Date 2019-06-25
Type info:eu-repo/semantics/article
Peer-reviewed Article
Format application/pdf
Source Al-Manahij: Jurnal Kajian Hukum Islam; Vol 13 No 1 (2019); 1-13
Language eng
Rights Copyright (c) 2019 Makhrus Munajat

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