The Urgency of Abolishing the Death Penalty on Sexual Crimes According to Islamic Law and the Perspective of Pancasila

DOI

10.2991/978-2-494069-81-7_29How to use a DOI?

Keywords

Death penalty; sexual crimes; Islamic law; human rights

Abstract

The death penalty against perpetrators of sexual crimes according to Perppu No. 1 of 2016 can be applied if the victim is caused by more than one person, the victim is seriously injured, has a mental disorder, suffers from an infectious disease, damaged reproductive functions until the victim dies. In addition, in imposing punishment for perpetrators of sexual crimes, it is aggravating because the victims are children. This study aims to examine alternatives to punishment other than the death penalty for perpetrators of sexual violence. This study uses a normative method with a statutory approach and examines various regulations regarding the death penalty. The death penalty is considered no longer effective, even some countries have abolished the death penalty and there is no evidence that the implementation of the death penalty has reduced crimes. The death penalty is not in accordance with the purpose of punishment, namely to improve the perpetrators themselves because they are considered lost and sick people so that they need to be treated in order to recover. In Islamic law, the perpetrators of sexual crimes are equated with adultery, but if accompanied by violence, only the perpetrators are sanctioned in the form of stoning if they are married, but if they are still single, they are only punished with whipping. However, through the process of at least four male witnesses who have been sworn in and confessions from the perpetrators of sexual crimes. Perpetrators of sexual crimes should only be imprisoned for life as a middle way that is taken so that it does not conflict with international regulations and in accordance with the punishment in the RUU-KUHP.This research can contribute to efforts to reformulate the death penalty for perpetrators of sexual violence so that the purpose of punishment can be achieved, namely to provide opportunities for perpetrators to realize their actions and improve the attitudes of perpetrators and protect their rights. Because the death penalty is not effective in suppressing cases of sexual violence in Indonesia.

Copyright

© 2022 The Author(s)

Open Access

Open Access This chapter is licensed under the terms of the Creative Commons Attribution-NonCommercial 4.0 International License (http://creativecommons.org/licenses/by-nc/4.0/), which permits any noncommercial use, sharing, adaptation, distribution and reproduction in any medium or format, as long as you give appropriate credit to the original author(s) and the source, provide a link to the Creative Commons license and indicate if changes were made.

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TY  - CONF
AU  - Layyin Mahfiana
AU  - Lisma
AU  - Roykhatun Nikmah
PY  - 2022
DA  - 2022/12/22
TI  - The Urgency of Abolishing the Death Penalty on Sexual Crimes According to Islamic Law and the Perspective of Pancasila
BT  - Proceedings of the 1st International Seminar on Sharia, Law and Muslim Society (ISSLAMS 2022)
PB  - Atlantis Press
SP  - 286
EP  - 300
SN  - 2352-5398
UR  - https://doi.org/10.2991/978-2-494069-81-7_29
DO  - 10.2991/978-2-494069-81-7_29
ID  - Mahfiana2022
ER  -