Perbandingan Hukum Positif dan Hukum Pidana Islam terhadap Tindak Pidana Pencemaran Nama Baik

Abstract

Abstract

This study aims to examine the issue of verbal defamation. The research questions addressed in this study are: how is defamation viewed under positive law, how is it treated under Islamic criminal law, and how do positive law and Islamic criminal law compare in terms of defamation norms? The results of the study indicate that under positive law, defamation through verbal insult is punishable as outlined in Article 310, paragraph (1), which imposes a penalty of imprisonment for a maximum of nine months or a fine of up to four thousand five hundred rupiahs. In contrast, under Islamic criminal law, the offense is subject to *ta'zir* punishment. This *ta'zir* sanction introduces a degree of legal uncertainty.

Keywords: Defamation, Positive Law, Islamic Law.