The Significance of Hukum Kanun Melaka's Fasal 44 in Regulating Crimes and Punishments

Abstract

This paper examines the historical legal system known as Hukum Kanun Melaka and compares it to the modern criminal justice system. Hukum Kanun Melaka, a comprehensive legal code developed during the 15th century, governed various aspects of society in the Malacca Empire. The analysis explores various aspects of crime and justice, including definitions of crimes, investigative methods, trial procedures, and sentencing practices. By comparing the two systems, we gain insights into the changes that have occurred over time, such as the emergence of legal protections, the influence of human rights principles, and the impact of technology on crime detection and punishment. The Hukum Kanun Melaka prioritized social stability and property rights protection, imposing severe punishments to deter criminal activities. In contrast, the modern criminal justice system emphasizes due process, the presumption of innocence, proportionality in punishment, and the protection of individual rights. Understanding the evolution of legal norms and practices contributes to discussions on making the contemporary criminal justice system more equitable and effective.