Juridical Analysis of Criminal Punishment and Rehabilitation for Narcotics Offenders in Islamic Criminal Law.

Vollständiger Abstract

Worum geht es in dieser Arbeit?

This study aims to analyze the criminalization provisions for narcotic abuse under Indonesian positive law, examine the concept of rehabilitation for narcotic abusers within the Indonesian legal system, and investigate the Islamic criminal law perspective on the criminalization and rehabilitation of narcotic abusers. This research employs a normative-juridical approach using qualitative methods through library research. Data were collected from primary sources including the Qur'an, Hadith, and narcotic-related legislation, as well as secondary sources such as fiqh literature, academic journals, and court decisions. The analysis applies the maqashid shari'ah framework, particularly the aspects of hifz al-'aql (protection of intellect) and hifz al-nafs (protection of life) as the foundation for evaluating the effectiveness of criminalization and rehabilitation. The findings indicate that: first, Indonesian positive law through Law No. 35 of 2009 on Narcotics has normatively regulated criminalization and rehabilitation, but implementation remains dominated by a repressive approach. Second, rehabilitation is recognized as a legitimate legal instrument but faces structural obstacles in its execution. Third, Islamic criminal law through the concepts of ta'zir, islah, and maqashid shari'ah offers an integrative punishment model that contextually and humanely balances sanctions and rehabilitation, oriented toward public welfare (maslahah). Narcotic abuse under Islamic law is qualified as a jarimah ta'zir through qiyas with khamr, sharing the same 'illat of impairing human intellect.