Criminal Responsibility of Perpetrators of Prepared Murder Based on Article 49 of The National Criminal Code (Law Number 1 of 2023)

Abstract

Study This study discusses the criminal liability of perpetrators of premeditated murder based on Article 459 of the National Criminal Code (KUHP Nasional) and the principles of Islamic criminal law, particularly the concepts of qiṣāṣ and diyah. The focus of the study lies in the analysis of the elements of intent, planning, and the perpetrator's capacity to be responsible in both legal systems. The research method is normative-juridical with a doctrinal approach through the study of literature, legislation, and legal doctrine. The results of the study indicate that the National Criminal Code emphasizes the perpetrator's awareness and free will (mens rea), while Islamic criminal law emphasizes intention (al-qaṣd) as well as the perpetrator's moral and intellectual capacity. Both legal systems share the principle that criminal responsibility is personal and requires an evaluation of the perpetrator's awareness, intent, and capacity before sentencing. This study concludes that integrating humanitarian values, substantive justice, and moral-religious principles into criminal law enforcement can strengthen the legitimacy and effectiveness of national legal systems.