Kajian Hukum Pidana Islam terhadap Implementasi Pasal 77 Ayat 1 Undang-Undang Nomor 23 Tahun 2019

Abstract

This study aims to analyze the application of Article 77 Paragraph 1 of Law Number 23 of 2019 on the Management of National Resources for State Defense from the perspective of Islamic criminal law. The research employs a normative approach with qualitative analysis methods applied to legislation, Islamic legal literature, and relevant doctrines. The findings indicate that the principles of Islamic criminal law, such as justice, public welfare (maslahah), and legal certainty, hold significant relevance in examining the implementation of this article. Additionally, the study identifies the potential for harmonization between national law and Islamic law in enforcing specific criminal penalties related to state defense violations. The integration of Islamic legal values can enhance the legitimacy and effectiveness of national law, particularly in countries with a Muslim-majority population like Indonesia. In this context, incorporating Sharia values not only strengthens public trust in the national legal system but also creates a legal mechanism that is adaptive and responsive to the needs of modern society. The study recommends fostering dialogue among stakeholders and enhancing the capacity of legal practitioners in understanding Islamic legal principles. Thus, the alignment between national law and Islamic law can contribute to establishing an inclusive, equitable, and welfare-oriented legal system.