Uqubah Al I'dam Alal Ittijar Bil Mukhoddirot Baina Al Madzahib Al Arba'ah Wa Al Qanuni Al Indunisi (Dirasah Muqoronah)

Muhtadin, Sabilul and , Dr. Muinudinillaah Basri, MA and , Dr. Imron Rosadi, M.Ag (2018) Uqubah Al I'dam Alal Ittijar Bil Mukhoddirot Baina Al Madzahib Al Arba'ah Wa Al Qanuni Al Indunisi (Dirasah Muqoronah). Thesis thesis, Universitas Muhammadiyah Surakarta.

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Abstract

This thesis is compiled due to the ineffectiveness of Indonesian Law in eradicating narcotics trades, even when the death penalty has already been applied in Indonesian law. This is based on the data from the Indonesian Police, which show that the number of narcotics trade is increasing instead. Therefore, to dig deeper into the cause of this increase in number, this issue is therefore examined based on Indonesian Law by comparing the law, to the view of the Four Madhhabs, in order to identify the similarities and the differences of the two views in applying the death penalty for the drug dealers. In this research, the tahlili method (analytical approach) is used in describing the problem and discussing the various views of the Four Madhhabs, based on their books. Additionally, the method of muqaranah (comparative approach) is also used to compare between the death penalty for drug dealers applied in Islamic jurisprudence (Four Madhhab's Fiqh) and the death penalty applied in Indonesian law. Therefore it is concluded that the application of death penalty for drug dealers applied under Indonesian law has so many similarities as compared to the application of death penalty applied in Islamic jurisprudence. However on the other hand, the application of death penalty in Islamic law is more comprehensive, simple, and effective, and the legal certainty is also stronger. Thus, it has become apparent that Indonesia's law should be more fortified and more tightened to be more effective in controlling the movement of the drug dealers, and minimizing the practice of narcotics trade in Indonesia. At the end of this thesis, some suggestions have been conveyed in the hope that the Indonesian law can be more effective in creating deterrent effect for drug dealers, and reducing the drug trafficking in the territory of Indonesia.

Item Type:	Karya ilmiah (Thesis)
Uncontrolled Keywords:	hukuman mati, perdagangan, narkotika, empat madzhab, uu indonesia
Subjects:	K Law > K Law (General)
Divisions:	Fakultas Pasca Sarjana > Magister Hukum Ekonomi Syariah
Depositing User:	Unnamed user with username o200140002
Date Deposited:	17 Jan 2018 06:34
Last Modified:	17 Jan 2018 07:04
URI:	http://eprints.ums.ac.id/id/eprint/58196

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