PERMAAFAN DALAM PEMIDANAAN MENURUTHUKUM ISLAM DAN HUKUM NASIONAL

Abddullah Ahmad Mukhtarzain

Abstract


Al-Jamariah, the Act of a person, which is usually limited to acts that are prohibited only. The term jarimah when associated with Islamic law, and sometimes also used the term delik when associated with positive law. The method of approach in research is the juridical normative, with secondary data sources and analysed normative qualitative basis.
The results of preventive qishas legal research so that crime can be prevented
before they occur considering the punishment accordingly. Prior to the ruling of the judge executed then the victim or the victim's family has the right to revoke or cancel the ruling of the judge, because the victim or victim's family forgave the penal action and usually the punished with fines or rewarded cancellation shall become the Redeemer of sin for the victim, as in the Qur'an, Surat Al-Maidah verse 45. The basis of justification or justifying the existence of a criminal just at criminal acts (conditions of objective as the basis justification) and error (subjective terms as basic permaaf). Therefore, it is as if the criminal is considered a consequence of absolute that there should be, if both terms is evident. This gives the frame a legitimacy that the CRIMINAL CODE currently is "model of certainty" that stiff. Therefore in the future CRIMINAL CODE BILL should remain the underlying nature of the "model certainty", but its currently ossified, must be revamped to become flexible.

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DOI: https://doi.org/10.20884/1.jih.2018.4.1.95

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