Criminal Sanctions Against Those Who Take The Law Into Their Own Hands (Eigenreching): A Study from The Perspective of Positive And Islamic Law

Abstract

This study shows the sanction againts those who take the law into their own hands, seen from the perspective of positive and islamic law. Basically the act of taking law into one’s own hand is a public reaction in dealing with criminal cases that occur in the midst of society by starting to respond in a way that is not in accordance with the law. The method used in this research is qualitative which contains descriptive data using a normative type of research, which is an analytical method which means that the law has been written in the laws that apply in society. This research also uses a library research approach by including the sources of books and documents that are in relevant to this problem. The results of this study indicate that taking the law into one’s own hand (Eigenreching) in seeking justice is not the right step and is not justified in the applicable law.