EKSISTENSI MAQÀSHID AL-SYARÌ’AH DALAM PEMBARUAN HUKUM PIDANA DI INDONESIA

Abstract

This paper examines maqashid al-shariah in the Indonesian penal law reform. Building on the theory of existence and maqashid al-shariah, this normative legal study explores elements and values of Islamic law within the national law. This study shows that Islamic law has influenced the Bill of National Penal Code since it was used as one important source of the code. The principles of maqashid al-shariah color the chapters of the Bill, especially in Book I on the general prescription and on Book II on criminal acts. From the 49 chapters of the bill that are examined, it has been identified with the strong values of maqashid. The stronger principle of the maqashid that is adopted is the protection of faith, followed by the protection of life, offspring, and reason. The least principle of the maqashid in the bill is the protection of property because this part is closely related to civil matters