Theft under Islamic and Indonesian Criminal Law
Theft violates both legal and religious norms and it is a crime under Islamic and Indonesian Criminal Law . The study aims at comparing the regulation of theft both in Indonesia and in Islam. This normative legal research relies on secondary data and employs comparative approach. Comparison is...
| Main Authors: | , , , |
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| Format: | Article |
| Language: | English |
| Published: |
Universitas Muhammadiyah Yogyakarta
2022-12-01
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| Series: | Indonesian Comparative Law Review |
| Subjects: | |
| Online Access: | https://journal.umy.ac.id/index.php/iclr/article/view/15124 |
| _version_ | 1797780099626434560 |
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| author | Zulfiani Ayu Astutik Muhammad Rafif Wibowo Ahmad Fahmi Ilham Mulloh Adilla Putri Diva |
| author_facet | Zulfiani Ayu Astutik Muhammad Rafif Wibowo Ahmad Fahmi Ilham Mulloh Adilla Putri Diva |
| author_sort | Zulfiani Ayu Astutik |
| collection | DOAJ |
| description | Theft violates both legal and religious norms and it is a crime under Islamic and Indonesian Criminal Law . The study aims at comparing the regulation of theft both in Indonesia and in Islam. This normative legal research relies on secondary data and employs comparative approach. Comparison is made to explore the similarities and differences between Islamic criminal law and Indonesian criminal law with regard to theft especially on how this crime defined, the form of punishment , the requirement for imposing the punishments, and how effective are these punishment to deterring people from committing theft. The results of the study show that the use of imprisonment for theft as adopted in the Indonesian Penal Code seems to be ineffective for controlling theft cases. Hadd punishment as introduced in Islamic criminal law seems to be more promising for addressing the increasing number of theft cases. This is so because the application of cutting hand off not only prevents the thief to repeat the crime but also preventing others to do the same. Therefore, both special and general deterrence purposes are satisfied. |
| first_indexed | 2024-03-12T23:38:46Z |
| format | Article |
| id | doaj.art-699cdaf6fed24de895e656cb65c0dd74 |
| institution | Directory Open Access Journal |
| issn | 2655-2353 2655-6545 |
| language | English |
| last_indexed | 2024-03-12T23:38:46Z |
| publishDate | 2022-12-01 |
| publisher | Universitas Muhammadiyah Yogyakarta |
| record_format | Article |
| series | Indonesian Comparative Law Review |
| spelling | doaj.art-699cdaf6fed24de895e656cb65c0dd742023-07-15T02:23:58ZengUniversitas Muhammadiyah YogyakartaIndonesian Comparative Law Review2655-23532655-65452022-12-0151233010.18196/iclr.v5i1.151246392Theft under Islamic and Indonesian Criminal LawZulfiani Ayu Astutik0Muhammad Rafif Wibowo1Ahmad Fahmi Ilham Mulloh2Adilla Putri Diva3The Sea and Maritime Law Department, Ankara University, TurkeyUniversitas Muhammadiyah YogyakartaUniversitas Muhammadiyah YogyakartaUniversitas Muhammadiyah YogyakartaTheft violates both legal and religious norms and it is a crime under Islamic and Indonesian Criminal Law . The study aims at comparing the regulation of theft both in Indonesia and in Islam. This normative legal research relies on secondary data and employs comparative approach. Comparison is made to explore the similarities and differences between Islamic criminal law and Indonesian criminal law with regard to theft especially on how this crime defined, the form of punishment , the requirement for imposing the punishments, and how effective are these punishment to deterring people from committing theft. The results of the study show that the use of imprisonment for theft as adopted in the Indonesian Penal Code seems to be ineffective for controlling theft cases. Hadd punishment as introduced in Islamic criminal law seems to be more promising for addressing the increasing number of theft cases. This is so because the application of cutting hand off not only prevents the thief to repeat the crime but also preventing others to do the same. Therefore, both special and general deterrence purposes are satisfied.https://journal.umy.ac.id/index.php/iclr/article/view/15124theftindonesian penal codeislamic criminal lawfiqh jinayahcomparative study |
| spellingShingle | Zulfiani Ayu Astutik Muhammad Rafif Wibowo Ahmad Fahmi Ilham Mulloh Adilla Putri Diva Theft under Islamic and Indonesian Criminal Law Indonesian Comparative Law Review theft indonesian penal code islamic criminal law fiqh jinayah comparative study |
| title | Theft under Islamic and Indonesian Criminal Law |
| title_full | Theft under Islamic and Indonesian Criminal Law |
| title_fullStr | Theft under Islamic and Indonesian Criminal Law |
| title_full_unstemmed | Theft under Islamic and Indonesian Criminal Law |
| title_short | Theft under Islamic and Indonesian Criminal Law |
| title_sort | theft under islamic and indonesian criminal law |
| topic | theft indonesian penal code islamic criminal law fiqh jinayah comparative study |
| url | https://journal.umy.ac.id/index.php/iclr/article/view/15124 |
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