PIDANA MATI DAN HAK ASASI MANUSIA (STUDI KOMPARATIF ANTARA HUKUM ISLAM DAN HUKUM POSITIF DI INDONESIA)

DLIMAMUL ABROR, M. (2009) PIDANA MATI DAN HAK ASASI MANUSIA (STUDI KOMPARATIF ANTARA HUKUM ISLAM DAN HUKUM POSITIF DI INDONESIA). Other thesis, University of Muhammadiyah Malang.

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Abstract

Human Right Protection becomes global issue in every country all over the world. In one side, every country needs to make a special regulation about Human Right concept and the way to protect the people, such as the right to live, to get education, to get job, to get equality on the law, etc. On the other side, there are some countries still run Death law on their criminal law, and one of them is Indonesia. The application of Death law gets some complains and also considered as Human Right violated. This becomes problem on the understanding of Human Right concept especially about whom who is ideal to get Human Right Protection. It is the doer as the people who violated the right of the victim (the right to live for the doer), or the victim that the right is violated. In Islam Death law is a law based on Al- Qur’an. A never ending conference about Human Right Protection and the application of Death law on Islam and positive law in Indonesia becomes an interesting phenomenon to be discussed. Those becomes interesting and also inspiring the writer to understand the concept of Human Right and Death law (Islam), and also positive law in Indonesia. The objectives are to find out the same and the different concept between Human Right and Death law, by using both law perspective, furthermore it also to find out the both probability that is relevant on the application of the philosophy value. The writer used normative approach on the discussion. Normative approach is an approach used to find out the regulation and norm, that becomes a basic in Law. Furthermore, it used to get the positive value on the Law. Based on the writer analysis, the objective of the Death law is as a protection to people in order not to do the same crime activity. In Islam, Death law objective is as a medium to recover the sin. On the other side, the Criminal Law in Indonesia run the Death law to retaliation the crime that was done. That is the same with the vision of Human Right. It is done because the doer will harm people, whether he or she is free to live. Furthermore, the relation between Death law and Islam Criminal Law, the apology concept gave from the victim, and as the same time is the responsibility of the doer is to pay some with a certain amount as the replacement of the punishment, it is fear concept. Hopefully, that concept brings positive effect for the victim family and the doer to make reconciliation and prevent reveal of the victim family. As the consideration, to make better Criminal Law in Indonesia in the future, this concept is relevant enough to be applied.Key word : Punishment, Human right, Offender and Victim

Item Type: Thesis (Other)
Subjects: K Law > K Law (General)
Divisions: Twinning Program
Depositing User: Anwar Jasin
Date Deposited: 03 Apr 2012 06:16
Last Modified: 03 Apr 2012 06:16
URI: http://eprints.umm.ac.id/id/eprint/1769

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