Tinjauan Hukum Pidana Islam terhadap Tindak Pidana Pencabulan Sesama Jenis Dihubungkan dengan Pasal 414 Ayat (1) Undang-Undang Nomor 1 Tahun 2023

Abstract

The rise of homosexual molestation crimes in Indonesia raises deep concerns, both from the perspective of positive law and Islamic criminal law, considering that these acts are contrary to moral values, religion, and social norms that exist in society. This study aims to analyze the perspective of Islamic criminal law on homosexual molestation crimes and examine its relevance to the provisions of Article 414 Paragraph (1) of Law Number 1 of 2023 concerning the new Criminal Code (KUHP). This study uses a normative juridical method with a statute approach, a comparative approach, and a conceptual approach. through a literature study of primary and secondary legal sources. The results of the study indicate that Islamic criminal law categorizes homosexual molestation as an act of liwath which is threatened with strict sanctions in the form of had or ta'zir, while Article 414 Paragraph (1) of the new KUHP provides a maximum prison sentence of nine years. The novelty of this study lies in the comparative analysis that brings together the construction of Islamic law and Indonesian positive law in an integrative study framework. This research contributes to enriching the body of criminal law knowledge in Indonesia and provides conceptual recommendations for the development of legal policies that are more responsive to the values ​​of justice and the welfare of the community.