Hasil Cek Similarity Artikel Transition of Civil Law to Public Law:Integration of Modern Punishment Theory in Criminal Apostasy

This paper aims to analyze the determination of the death penalty in apostasy through Punishment Theories and human rights considerations. The approach is used to objectively view the purpose of the death penalty on a criminal act in the context of religious freedom. This study is a conceptual study using the library research and descriptive-analytical approach. The study indicates that the determination of the death penalty in apostasy takes a combined pattern of punishment theories. The theories include retributive, deterrence, and reformative. Combining these theories leads to integration, as it does not focus only on the retributive and deterrence aspects. Still, it also emphasizes the reformative element as a therapy for apostate criminals so they will not repeat the same acts. The integration of the theories seems perfect when accompanied by moral education that can provide "spiritual enlightenment" so criminals can be accepted back into the community. The integrity-morality theory or pulse-integrity theory is expected to neutralize the difference in views on the purpose of punishment in Islamic criminal law. It does not align with the norms of human rights under the pretext of the sovereign system of the nation-state, where territorial areas limit citizenship status. The equality of righteousness, justice, morality, and individual accountability is a universal principle of the teachings of the Quran, which inspire the conception of human rights norms