Membumikanhukum Pidana Islam Di Indonesia (Agenda Dan Kendala)

Abstract

This article intends to disseminate the Islamic criminal law in Indonesia in several ways: there are changing the constitution, changing the national legal system became the Islamic Law, Islamisation of national law, expanding Religious Court competencies, incorporating Islamic law elements of Jinayat in the National Law, and maximization of Regional regulation became Islamic law. Islamic Criminal Law (jinayat) is not developed by Indonesian jurists. This seems a logical consequence of miss application in the Islamic countries, like Saudi Arabia, Yaman, and Iran. Islamic criminal law has been replaced by the criminal law from the West, for example, British criminal law and Netherlands criminal law. Eventually, the obstacle of implementation of Islamic Criminal Law are the strong influence of the Dutch criminal law heritage, cultural obstacle, sosiological obstacle, and political obstacle.