CD Skripsi
Perbandingan Pengaturan Sanksi Pidana Terhadap Pelaku Pedofilia Dalam Hukum Positif Indonesia Dan Hukum Islam
ABSTRACT
This study examines the punishment for pedophiles from a perspective
Indonesian positive law and Islamic law. This paper focuses on the fall penalties
for pedophiles, who then compare penalties for pedophiles based on both sources
of law, namely positive law and Islamic criminal law.
This type of research can be classified in the type of normative research.
In this study, the focus is to examine the comparison of punishments from the two
sources of law, namely Indonesian positive law and Islamic law. The data source
used is secondary data consisting of primary legal materials, secondary legal
materials, and tertiary legal materials. The data collection technique in this
research is the literature review method, after the data is collected then it is
analyzed to draw conclusions.
The results of the study were analyzed using a comparison of the two legal
concepts. From the two sources of law, there are differences in the punishment of
the two concepts of legal sources. In Indonesia's positive law, penalties for
pedophiles are the main punishment in the form of imprisonment and deda as well
as additional penalties in the form of announcing the identity of the perpetrator,
rehabilitation, chemical castration and the installation of electronic detection
devices. In Islamic law, the punishment for a pedophile if what the pedophile
commits is an act of adultery, the punishment is punishment for adultery (had az
zina), which is stoning to death if it is muḥṣān (married) or whipping a hundred
times if not muḥṣān and exiled for a year. If what the pedophile does is liwath
(homosexual), then the punishment is the death penalty, not something else. If
what is done is sexual harassment (at taharusy al jinsi) which does not lead to
adultery or homosexuality, the punishment is ta'zir.
Keywords : Punishment, Pedophilia, Indonesian positive law and Islamic law.
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