Al-Baghyu's Analysis In Jinayah Fiqh On The Meaning Of Treatment In Article 107 Of The Kuhp

Abstract

Makar is a crime that threatens the security of the State. Makar in terms of overthrowing the government in the Criminal Code is regulated in Article 107 chapter II. While in the fiqh of jinayah makar is included in Jarimah al-Baghyu, with the background of the problem proposed three formulations of the problem, namely: how is the substance of treason in Article 107 of the Criminal Code, how is the interpretation of Jarimah al-Baghyu? - baghyu in jinayah fiqh, how is the relevance of treason in article 107 of the Criminal Code with Jarimah al-baghyu in jinayah fiqh. The purpose of this research is to find out the substance of treason in article 107, to find out the interpretation of Jarimah al-Baghyu in fiqh jinayah. This study uses a normative juridical research approach. The type of data used in the writing of this research is the type of qualitative data. The data sources used are primary data sources from the book of tasyri al-jina'I written by Abdul Qadir Audah and the Criminal Code by Moeljatno, and secondary data, namely fiqh jinayah books and books related to treason. The data collection technique used is library research. Analysis of the data used is descriptive qualitative analysis. The substance of treason in Article 107 of the Criminal Code is a planned act which intends to overthrow the legitimate government and threaten the security and safety of the State. Analyzed based on the theory of Jarimah Al-Baghyu, the meaning of treason in Article 107 of the Criminal Code includes the notion of resistance to the legitimate ruler (imam) by using force or taking up arms. The relevance between Jarimah Al-Baghyu and the meaning of treason in Article 107 of the Criminal Code is substantive relevance, namely that there is a similarity in meaning in the criteria for crime.