ANALISIS PEMBERLAKUAN DEATH PENALTY TERHADAP PENGEDAR ILEGAL NARKOTIKA (STUDI PERBANDINGAN HUKUM POSITIF DAN HUKUM PIDANA ISLAM)

Abstract

Drug crime has become a major issue in Indonesia and worldwide.
Drug abuse can negatively impact physical health, mental health,
emotions, and social life. Drug abuse is an organized crime at the
national and international levels. Therefore, this study aims to
examine how the death penalty is applied to drug dealers from two
perspectives: Positive Law and Islamic Criminal Law, to provide a
deeper understanding of the application of the death penalty in drug
cases.
The main focus of this study is to: 1) What is the death penalty for
drug dealers under positive law? 2) What is the death penalty for drug
dealers under Islamic criminal law? 3) How does the death penalty for
drug dealers compare under positive law and Islamic criminal law in
Indonesia?
The author uses normative research, analyzing and comparing relevant
legal regulations that have been applied in this case to determine
whether they contradict each other or whether there is any ambiguity
in the norms. The purpose of the comparative methodology in this
study is to identify the similarities and differences between the two
laws and legal systems.
The conclusions of this thesis are: 1) The death penalty for drug
dealers in positive law is regulated by Law No. 35 of 2009 concerning
Narcotics, and its procedures are regulated by Law No. 2/PNPS/1964.
2) The death penalty in Islamic criminal law does not specify the
penalties imposed for drug crimes, and this law makes an analogy between narcotics and alcohol. Therefore, scholars believe the
punishment imposed is ta'zir. Furthermore, Islamic criminal law does
not specify the procedures or mechanisms imposed on perpetrators of
drug crimes. 3) From a positive legal perspective in Indonesia, it is
regulated by Law No. 35 of 2009 concerning Narcotics. Some of the
sanctions imposed include: Imprisonment and fines for dealers, the
death penalty and life imprisonment for dealers who commit repeat
offenses, and rehabilitation for drug users. Meanwhile, in Islamic
criminal law, drug dealers can be given ta'zir punishment, where the
judge has the authority to determine the form of punishment,
including flogging.