Kajian Tindak Pidana dalam Perspektif Hukum Pidana Positif dan Hukum Pidana Islam

Abstract

Criminal Sanction Theft in positive criminal law is very different from the sanction of Islamic Criminal Law. Thus the authors conduct research in the form of a thesis with the title "STUDY OF CRIMINAL ACTION IN POSITIVE CRIMINAL LAW PERSPECTIVES AND ISLAMIC CRIMINAL LAW". The issues studied are how the study of Positive Criminal Law on the Crime of theft, how the study of Islamic Criminal Law against the Crime of theft, what is the difference and equality of study of Positive Pidana Law and Islamic Criminal Law against Crime of theft. Research method in thesis using method of research type, data source, research specification, method approach and data analysis.

Whoever takes anything, wholly or partly belongs to another person, with the intent to possess unlawfully, is threatened for theft, with a maximum imprisonment of five years or a fine of up to nine hundred rupiahs, According to syara ', Theft is Taking the property of another person Which by secretly mukallaf with nisab 10 dirhams which are printed are stored in a storage place which can be used or guarded by a guard and there is no syubhat, The act of taking according to Islamic Criminal Law must be done in secret, while the act of taker in the Criminal Code is not Require a clandestine manner, theft crime in both Positive Criminal Law and Islamic Criminal Law underlies the imposition of sanctions pidannya to humanitarian values. Where the Positive Criminal legal system is based on the human rights of the Islamic criminal law system is based on the basic principles of Islamic religious teachings, namely habbulminannas (the relationship between humans and humans),