A Comparative Study of the Perspectives of Islamic and Indonesian Criminal Codes Towards Robber

Abstract

The rise of robbery crime makes people uneasy because of the disruption of security and harmony. The majority of Indonesia's population is Muslim. However, the Indonesian criminal code is derived from the heritage of the colonial Dutch’s Code of Penal. The law has a different philosophical foundation with the philosophy espoused by the Indonesian people, giving rise to another problem. The main problem in this study includes some questions. (1) How is the provision of penalties for robbery under Islamic criminal code? (2) How is the provision of penalties for robbery under Indonesian criminal code? (3) What are similarities and differences in provision of penalties for robbery under the criminal codes of Islam and Indonesia? This study has several objectives. Firstly, this study is to determine the provisions of the robber sentenced under the Islamic criminal code. Secondly, it is to determine the provisions of robber punishment under the Indonesian criminal code. Thirdly, it is to know the differences and similarities of robber punishment under the Islamic and Indonesian criminal codes. This study used descriptive and comparative approaches with the normative juridical approach and library research. The results of the study suggest that the punishment for the crime of robbery under the Islamic criminal code covers being killed (or crucified), crossed cut off on hands and feet, and exiled (from homeland). The given punishment must be tailored to specific criteria. According to the Indonesian criminal code, punishment for robbery includes several conditions. First, a robber who only takes goods is punishable by imprisonment for a maximum of nine years. Second, a robber who took goods at night, and in a quiet place or street, and resulted in serious victim injuries is punishable by imprisonment for a maximum of twelve years. Third, a robber who takes goods and makes the victims death is punishable by imprisonment for a maximum of fifteen years. Fourth, a two or more allied robbers who takes victim's property and causes victim death or grievous bodily harm.