Suhendi, Cepi and Faizal, Enceng Arif and Sumardi, Didi (2026) Criminal liability for negligence of state officials in the case of a motorcycle taxi driver being run over resulting in death in the Criminal Code and Islamic Criminal Law. Al-Mubin: Islamic Scientific Journal, 9 (2). pp. 1-15. ISSN P-ISSN: 2746-8240 (In Press)
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Abstract
This article examines the criminal liability of state officials for negligence in the case of the death of online motorcycle taxi driver AK who was run over by a Brimob tactical vehicle, by placing it within the framework of the New Criminal Code (Law No. 1 of 2023) and Islamic criminal law as two systems that both emphasize the protection of life and accountability of power. This normative juridical legal research uses a statutory, conceptual, and case approach, by analyzing the provisions of the Criminal Code, the doctrine of Islamic jurisprudence, and the legal facts of the AK case. The results show that in the Criminal Code, the actions of the officers fulfill the elements of the crime of negligence that caused death, thus opening up the scope for criminal punishment for the driver and the person who gave the order, while in Islamic criminal law the configuration of the act is in line with qatl al-khatha which demands diyat, expiation, and the possibility of ta'zir. A comparative analysis reveals common ground in the principles of culpability and the rejection of impunity, but differs in the form and orientation of sanctions. The Criminal Code tends toward a retributive-preventive approach, with imprisonment and official sanctions, while Islamic criminal law more explicitly integrates restorative justice for victims. This article emphasizes the need to adopt the substantive justice values of Islamic jurisprudence to enrich the application of the Criminal Code to state apparatus negligence. Keywords: State Apparatus Negligence, Criminal Accountability, New Criminal Code, Islamic Criminal Law
| Item Type: | Article |
|---|---|
| Uncontrolled Keywords: | Negligence by State Officials; Criminal Liability; New Criminal Code; Islamic Criminal Law |
| Subjects: | Fikih (Fiqih, Fiqh), Hukum Islam > Hukum Pidana Islam, Jinayat Fikih (Fiqih, Fiqh), Hukum Islam > Perbandingan Hukum Pidana Islam dengan Hukum Lain Criminal Law |
| Divisions: | Fakultas Syariah dan Hukum > Program Studi Hukum Pidana Islam |
| Depositing User: | Cepi Suhendi |
| Date Deposited: | 26 Oct 2026 08:04 |
| Last Modified: | 26 Oct 2026 08:04 |
| URI: | https://digilib.uinsgd.ac.id/id/eprint/134055 |
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