INCREASE VALUES LAW ISLAM IN THE FORMATION OF INDONESIAN CRIMINAL LAW (A REVIEW OF THE DEATH PENALTY)

Abstract

Indonesian criminals law constitutes a fundamental component of the national legal system, functioning to maintain public order and to realize justice. However, the criminal law framework in Indonesia remains significantly influenced by colonial legal legacies, which creates an urgent need for reform grounded in the philosophical and sociological values of the nation. One of the relevant sources of values in the development of national criminal law is Islamic law, considering that Indonesia has a Muslim- majority population and is founded upon the principles of Pancasila. This study aims to analyze how Islamic legal values can be enhanced and integrated into the formation of Indonesian criminal law, particularly in relation to the regulation of the death penalty. This research employs a normative legal researcher method , utilizing statutory, conceptual, and philosophical approaches. The data were collected through library research, including legislation, judicial decisions, and relevant scholarly literature and academic journals. The analysis was conducted qualitatively by examining the concept of punishment in Indonesian criminal law and Islamic criminal law, as well as by comparing their fundamental objectives and principles. The findings indicate that Islamic legal values such as justice , public interest ( maslahah ), prudence in the imposition of punishment, protection of the right to life, and the concept of forgiveness possess strong relevance in the reform of Indonesian criminal law. In the context of the death penalty, Islamic law positions this sanction US an ultimate ratio, whose application is subject to strict requirements and oriented toward the protection of human life. These values are consistent with recent developments in Indonesian crime law, which increasingly emphasize a humane and restorative approach, as reflected in contemporary penalty policy reforms. This study concludes that enhancing Islamic legal values in the formation of Indonesian criminal law does not aim to formalize religious law, but rather to strengthen the principles of justice and humanity within the national legal system . The integration of these values is expected to reinforce the moral and social legitimacy of Indonesian criminal law in achieving civilized and equitable justice.