Record Details

HAZAIRIN DAN PENGHAPUSAN PIDANA PENJARA PENDEK

Al-Ahkam

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Field Value
 
Title HAZAIRIN DAN PENGHAPUSAN PIDANA PENJARA PENDEK
 
Creator Zakiyah, Ninik
 
Subject Hazairin; penghapusan; pidana; penjara pendek
 
Description This writing describes Hazarin thought of the ineffectiveness of short imprisonment in Indonesia and the study of possibility replacement of short prison sentences with social penalties. Hazarin said that short imprisonment is ineffective to give deterrent effect, and may even lead to negative stigmas and consequences such as the prisoners will become more virulent after being released from prison, that make people reject the presence of ex-prisoners. Hazarin offers the concept of criminal work in the public interest without being paid in lieu of imprisonment. He also offers customary or Islamic law penalty to replace the short imprisonment as an alternative. Thus the replacement of the short sentence of imprisonment is in accordance with Islamic law and the first principle of Pancasila, the divinity of the God, the Almighty, who gives the human soul religious consciousness. Besides that, it is also in accordance with the fifth principle of Pancasila, the development of human awareness through moral education and justice for peace and justice social life. However, with the current conditions in Indonesia, the Hazainin thought doesn’t seem applicable.
 
Publisher Faculty of Sharia and Law, Universitas Islam Negeri (UIN) Walisongo Semarang
 
Contributor —
 
Date 2016-12-02
 
Type info:eu-repo/semantics/article
info:eu-repo/semantics/publishedVersion
Peer-reviewed Article
 
Format application/pdf
 
Identifier https://journal.walisongo.ac.id/index.php/ahkam/article/view/996
10.21580/ahkam.2016.26.2.996
 
Source Al-Ahkam; Volume 26, Nomor 2, Oktober 2016; 249-270
2502-3209
0854-4603
 
Language eng
 
Relation https://journal.walisongo.ac.id/index.php/ahkam/article/view/996/896
 
Rights Copyright (c) 2016 Al-Ahkam