Kebijakan Hakim Dalam Tindak Pidana Pencurian Perspektif Hukum Pidana Islam Studi Kasus Residivis Di Pengadilan Negeri Medan

Abstract

Theft is one of the most frequently occurring and recurring crimes in the jurisdiction of the Medan District Court. The phenomenon of recidivism, or repeat offenses by convicted perpetrators, indicates that the criminal sanctions imposed are not fully effective in providing a deterrent effect. This study aims to examine the policy of judges in sentencing theft perpetrators, particularly recidivists, and to examine the relevance and effectiveness of criminal sanctions from an Islamic criminal law perspective. The research methods used are normative and empirical. The normative approach is carried out by analyzing applicable laws and regulations, particularly the Criminal Code (KUHP), and sources of Islamic law such as the Quran and Hadith. The empirical approach is conducted through case studies of several judicial decisions at the Medan District Court and interviews with law enforcement officials. The data analysis techniques used are qualitative and comparative analysis, comparing sentencing policies in positive law and Islamic criminal law. The results of the study indicate that judges' sentencing policies for theft perpetrators still focus on conventional punishment, namely imprisonment, which in many cases is ineffective in preventing recurrence of crime. From an Islamic criminal law perspective, sanctions such as hudud have a stronger moral and preventive dimension, with strict requirements and holistic principles of justice. This research recommends an evaluation of existing sentencing policies and the need to create space for the integration of Islamic criminal law values into the national criminal justice system.