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Journal : Aladalah: Jurnal Politik, Sosial, Hukum dan Humaniora

Analisis Tindakan Main Hakim Sendiri Menurut Hadits Riwayat Muslim No 2577 Dan Pasal 170 KUHP Zaliaokta, Faliani; Arifin, Tajul
ALADALAH: Jurnal Politik, Sosial, Hukum dan Humaniora Vol. 1 No. 2 (2023): April : Jurnal Politik, Sosial, Hukum dan Humaniora
Publisher : Sekolah Tinggi Ilmu Syariah Nurul Qarnain Jember

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59246/aladalah.v1i2.910

Abstract

Vigilantism (eigenrichting) occurs because a person or group tries to carry out an act of judgment against someone that is considered guilty without seeing or going through the legal process first. According to criminal law, sanctions for perpetrators of vigilante crimes that result in death are regulated in Article 170 of the Criminal Code with a maximum penalty of 12 years in prison. Meanwhile, in Islamvigilantism is also a despicable thing because Muslims are taught to do tabayyun (seek clarity) first before acting. The act of taking the law into your own hands by committing persecution is an act that is not in accordance with Islamic teachings because persecution is included in unjust actions. Allah Swt said in Hadith No. 2577 from Muslim that acts of injustice, especially against fellow Muslims, are prohibited. The analysis conducted in this journal found that vigilantism is not only prohibited by the state but also by religion. unfortunately, not much attention is given by the community regarding vigilante cases that often occur in Indonesia. Therefore, the main purpose of compiling this journal is none other than as a window to open the minds of the general public who often underestimate vigilantism in Indonesia.
Melukai Orang Karena Membela Diri Dari Kejahatan Menurut Perspektif Hadits Bukhari Dan Pasal 49 KUHP Dewi, Raenita Aulia; Arifin, Tajul
ALADALAH: Jurnal Politik, Sosial, Hukum dan Humaniora Vol. 1 No. 2 (2023): April : Jurnal Politik, Sosial, Hukum dan Humaniora
Publisher : Sekolah Tinggi Ilmu Syariah Nurul Qarnain Jember

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59246/aladalah.v1i2.911

Abstract

Crime is now rampant and causes fear and worry among the public. Perpetrators of crimes do not know the time and place to carry out their actions. Morning, afternoon, evening and in quiet or busy conditions, crime can occur. As humans, of course we have the instinct to defend ourselves when faced with a condition that puts us at risk. Various efforts are made to defend themselves against crimes, often when victims make resistance efforts to defend their rights or honor, causing the perpetrator to be injured or even killed by the victim. In fact, it is not uncommon for victims to become suspects because they accidentally and are forced to defend themselves, resulting in the loss of the life of the perpetrator of the crime. The purpose of this research is to find out what the perspective of the Bukhari Hadith and Article 49 of the Criminal Code is regarding injuring people because they are defending themselves from crime. This research uses library research methods. The data collection methods used are books, papers or articles, magazines, journals, web (internet) and so on.