Hukuman Bagi Pelaku Zina Menurut Hukum Islam Ditinjau Dari Hak Asasi Manusia

Abstract

In this study, the focus of the research chosen was to find out the main factors that led to adultery in connection with the assumption that the main factor that caused adultery and too free association was the lack of religious knowledge instilled in these teenagers. Criminal law in Indonesia during the Islamic empire was taken from Islamic law, as was the case in other fields prevailing at that time. However, after the Dutch colonized Indonesia, the Western (Dutch) criminal law gradually began to be applied in Indonesia. stoning to death is contrary to, among other things, (1) the General Declaration of Human Rights, (2) the Convention against Torture and other cruel, inhuman and degrading treatment or punishment, (3) the Convention on Civil and Political Rights, and (4) UU 1945 and other laws currently in force in Indonesia. Punishment is not applied to just anyone, but can only be applied to people who have been proven legally and confidently to have committed adultery in a state of muhsan status (already married and had a legal relationship based on that marriage).