PERBANDINGAN TINDAK PIDANA ZINA MENURUT HUKUM ISLAM DAN KUHP PASAL 284 DALAM KERANGKA PEMBAHARUAN HUKUM PIDANA NASIONAL

H.R., M. Umrah (2009) PERBANDINGAN TINDAK PIDANA ZINA MENURUT HUKUM ISLAM DAN KUHP PASAL 284 DALAM KERANGKA PEMBAHARUAN HUKUM PIDANA NASIONAL. Other thesis, University of Muhammadiyah Malang.

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PERBANDINGAN_TINDAK_PIDANA_ZINA_MENURUT_HUKUM_ISLAM_DAN_KUHP_PASAL_284_DALAM_KERANGKA_PEMBAHARUAN_HUKUM_PIDANA_NASIONAL.pdf - Published Version

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Abstract

The research aimed to contribute comparison theory about adultery criminal according to Islamic law and Criminal law, also apply the value of Islamic law in adultery criminal formulation in criminal law (Section 284) which would be used in national criminal law development. According to the reason, the writer took the problem as analysis. The research used normative-juridical approach, the method used was descriptive comparative law. Descriptive comparative law is one of investigation method and law comparison. The law comparison itself is a translation from comparative law. The writing used library research method where data collected for the research existed in books, dissertation, thesis, and another writing along the contain related with the problem existed. Primary data were collected from previous writing contained data wanted by the writer. From the research, there could be found result that according to the comparison of adultery criminal law formulation in Islamic law and Criminal law perspective, there could be concluded that Indonesian Criminal law arranged adultery criminal in adultery meaning only, while fornication according to Indonesian Criminal law isn’t a crime. Islamic criminal law didn’t arrange the adultery criminal in adultery means only, but also arranged the adultery criminal in fornication means. The adultery concept in Islamic law is wider than adultery criminal concept in National Criminal Law. The criminal law design 2005 has accommodated several concept and adultery form which existed in Islamic criminal law comparison, so that there could be said that adultery formulation in criminal law 2005 has fulfilled several values and norm in Islamic criminal law, so that there hoped by the change in criminal law 2005 design concept, the application of criminal law design 2005 could fill the justice and people’s usage.

Item Type: Thesis (Other)
Subjects: K Law > K Law (General)
Divisions: Twinning Program
Depositing User: Anwar Jasin
Date Deposited: 23 Apr 2012 03:07
Last Modified: 23 Apr 2012 03:07
URI: http://eprints.umm.ac.id/id/eprint/2643

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