Abstract:
Corpse removal is the process of moving the body of a person
from one place to another. Sometimes, this is done at the
request of the family, for cultural or religious reasons, or even
for other reasons such as demolition of the burial site or
redevelopment of the burial area. The purpose of this research
is to find out the rule of law to answer the issue of grave
transfer.This type of research is normative juridical research
obtained from secondary data related to the object of research
including related laws and court decisions. In this research,
data analysis is carried out qualitatively, namely the selection
of theories, principles, norms, doctrines and articles contained
in the Law that are relevant to this research. Based on the
results of the research, the criminal act of corpse removal has
criminal law rules, namely in Article 180 of Law No. 1 of 1946
concerning the Criminal Code and in Article 271 of Law No. 1
of 2023 concerning the Criminal Code. The removal of corpses
from the grave is also not justified by several Islamic scholars
so that this is in line with criminal law. In the case that
occurred in Donggala district based on the Donggala District
Court Decision No. reg 11/Pid.B/2014/PN.Dgl the Panel of
Judges sentenced the defendants to imprisonment for four
months each.
