This study aims to find out and explain the views on death penalty according to Islamic law and based on laws related to human rights in the positive law that applies in Indonesia. The method used in this research is a library method with a normative juridical approach with a prescriptive nature of research. Based on the results of this study, it shows that the perspectives between Islamic law and human rights towards capital punishment can be reconciled. In Islamic law it clearly states that the death penalty is a necessity in the crime of murder, whereas according to the concept of human rights, especially in the international world which is dominated by western countries, it is stated that capital punishment is not recommended because it violates a person's right to life which is a gift from God. Death penalty itself in the conception of human rights has two dimensions, namely the universal dimension and the particular dimension. In the particular dimension, the view is that the enforcement of human rights is returned to each country. This dimension is in line with the wishes of Islamic law as long as it is in accordance with the proportion of harm and benefits. Human rights values, especially in Indonesia, are born from the noble values of a nation so that people may have different views regarding the need for death penalty. Decisions regarding capital punishment are returned to each country. In this case, western countries as the originators of the idea of abolishing capital punishment do not impose their will to abolish capital punishment absolutely, including Indonesia. The recommendations from this study are that the Indonesian government is expected to respect and apply the highest standards of implementation of human rights in every national policy and to comply with existing laws and legal standards with international law.
Libraty et al. (Mon,) studied this question.
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