PERBANDINGAN PENGATURAN PIDANA MATI PERSPEKTIF HAK ASASI MANUSIA DAN PRINSIP QISHASH

Abstract

The death penalty execution rate in Saudi Arabia in 2022 will reach 196 people, while the death penalty sentence rate in Indonesia in 2022 will be 112, but all of them are still waiting for the execution process. This shows significant differences between two countries that both uphold human rights but have different legal systems that apply in each country. In this case, Saudi Arabia uses Islamic law while Indonesia uses positive law. This research aims to find out the legal regulations regarding the imposition of the death penalty in Indonesia, as well as the application of the death penalty according to a human rights perspective and the principle of qishash in Islamic law. This research uses a qualitative type with a library study method approach. The results of this research are that positive law in Indonesia recognizes and still carries out the practice of the death penalty. The death penalty is actually prohibited in the provisions of the UDHR and ICCPR. However, in this case there are still regulations for countries that still apply the death penalty, namely that it is mandatory based on statutory regulations, imposed for the most serious crimes, decided by an authorized court, and in an emergency situation. The death penalty in the context of Islamic law must be applied because it is based on the principle of qishash, namely that the punishment given must be commensurate with what the perpetrator of the crime has done.