The Possibility of an Islamic Criminal Law Formalization Discourse in Indonesia.

Abstract

In the discourse of law, criminal law is often viewed as a cruel and barbarian law. This view is based on an assumption that although the application of criminal law aims to restore social balance, it is undeniable that the application of the criminal contains elements of retaliation against the perpetrators of crime. This is reinforced by the severe punishment-oriented model of criminal deprivation of liberty in the form of imprisonment that dominates almost all penal systems of the nations of the world, including Indonesia. This paper proves that the Islamic criminal law legislation in the formalization of the State legislation has a positive contribution in a framework to enrich and bring together a form of awareness of the commitments of the nation and the state.