Contradictions in The Implementation of The Death Crime in Indonesia: Fiqhi Jinayah's Perspective And Legal Renewal Policy National Crime

Abstract

The death penalty is still a debate in society, not only in Indonesian society but also in several other countries. The pros and cons of implementing the death penalty are due to human rights issues that cannot be taken away by anyone, including the state. The death penalty in Indonesia is still applied, as stated in several statutory provisions, including Article 10 of the Criminal Code, which is still in force, the Law on Narcotics, the Law regarding the Eradication of Corruption Crimes, the Law on Terrorism Crimes, and several other regulatory provisions. The use of the death penalty as the main sanction in criminal law in Indonesia has given rise to legal polemics. This is because the Dutch WvS (Wet Book Van Strafrech), which was implemented in Indonesia in January 1918, was then inherited as the source of the Criminal Code that is currently in force. The contradictions in the application of the death penalty will be viewed from two perspectives, namely the perspective of Islamic criminal law (jinayah) and the reform of Indonesian criminal law. The purpose of the death penalty in Islamic criminal law is to protect religion, soul, mind, lineage, and property. In line with this, in the reform of the Indonesian criminal law, better known as the national criminal law, the death penalty is still one of several punishments applied to perpetrators of crimes.