It is the same with Francis Fukuyama‟s idea, which says that social capital is the basis in designing and building law, which is accommodative towards all kinds of importance, including the importance which has global nuance5. The family‟s prosperity cannot also be forgotten, whose position is a part of the society itself.4 Thus, going back to the tradition and religion to look for the justice value, which can be the basis of wisdom determination in the field of law renewal, is a thing that is considered as the best thing to do. The difficulty and the chaos of the criminal judicature are precisely on the reality that criminal judicature always touches the basis of society‟s life and human‟s life prosperity as the whole. The existence of the imbalance in each importance protection is worried that its law purposes, which are to create the order and the peace in the society2 and to solve the conflicts that are caused by the criminal act3, will be hardly realized. While in the process of Criminal Judicature, there should be many parties whose importance needs to be protected, even it is the importance of Criminal Actor, the importance of society or nation, or the importance of victim.
This problem of criminal act is even likely considered as the Judge‟s duty in doing some of the duties, which, in this case, the special authority or yudex-factie is also given1. Keywords: qisas, reorientation, hermeneutic, murder sanction.īackground The problem of criminal act is a central problem in Criminal Law, even though, in Indonesia, the discussion of it rarely exists in Indonesian library of Law. Eventhough qisas has many benefits for both the victim and the criminal actor, it need a further study to considere it for the criminal law renewal in Indonesia. Qisas, related to the Islamic law, has showed the principle of balance, legality, proportionality, reconciliation, transpiration and equality. University of Wahid Hasyim, Law Faculty X/22 Menoreh Tengah Street, Sampangan, Semarang 50236, Indonesia Abstract-This paper tries to deeply investigate about the qisas reorientation, especially from the hermeneutics philosophy and its relation to the sanctions in criminal act of murder. Qisas Reorientation (A Study about Sanctions in Criminal Act of Murder: a Comprehension from Hermeneutics Philosophy) Mahmutarom HR. University of Wahid Hasyim, Semarang, Indonesia. Proceeding of the International Seminar and Conference 2015: The Golden Triangle (Indonesia-India-Tiongkok) Interrelations in Religion, Science, Culture, and Economic.