CD Skripsi
Analisis Terhadap Tindak Pidana Terorisme Dalam Perspektif Hukum Islam Dan Hukum Positif Indonesia
ABSTRACT
A criminal act of terrorism is an act committed by an individual or group
with the intention of influencing or intimidating another person or group to feel
insecure, uncomfortable and end in physical or non-physical destruction. The
criminal act of terrorism in Islam is also called Jarimah Al-Haribah, in the
Islamic legal system it has several indicators of similarities and differences with
criminal acts of terrorism are regulated in Indonesian positive law, so that the
implementation of the law will also create differences. So the purpose of this study
is to analyze the criminal act of terrorism in the perspective of Islamic law and
Indonesian positive law, as well as the ideal concept of terrorism in the future.
The method in this study using research library with normative juridical
research approach. Normative legal research is carried out by examining library
materials consisting of primary, secondary and tertiary materials. And data
collection techniques using literature study and document study. Furthermore, the
data analysis uses a comparative analysis method, namely comparing and
identifying data obtained from Islamic law and Indonesian law regarding the
crime of terrorism.
The results of the research show that the regulation of criminal acts of
terrorism, seen from its strengths, is binding comprehensively, has a good and
systematic structure and there are drawbacks such as the retroactive principle,
regarding the provisions of subversive issues, intelligence reports and arrests and
the investigation process. And the ideal concept of criminal acts of terrorism in
the future takes into account the protection of the community against anti-social
acts which harm and endanger it, still by observing the objectives of the crime,
namely to reduce crime and control crime, improve the perpetrator, such as
rehabilitation, correctionalization and release. As well as regulating and limiting
the arbitrariness of the authorities and society in general and protecting the
perpetrators for acts outside the law
Keyword: Terrorism, Positive Law, Islamic Law
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