Legalite : Jurnal Perundang Undangan dan Hukum Pidana Islam

Keabsahan Laporan Tindak Pidana Kekerasan dalam Rumah Tangga Pasca Perceraian

2025-01-05T12:29:11+08:00

This study aims to analyze the validity of reports on domestic violence (DV) crimes filed after divorce, focusing on the Military Court Decision Number 85-K/PM.II-08/AD/II/2022. This article is categorized as normative legal research using a statutory approach and a case approach. The methodology employed is descriptive analytical study. The study concludes that reports of domestic violence crimes filed after divorce remain legally valid, provided they meet the formal and material requirements as stipulated by applicable regulations. The military court's decision in this case highlights the importance of recognizing victims' rights to justice, regardless of marital status.

Optimalisasi Penerapan Diversi dalam Penanganan Anak sebagai Kurir Narkotika; Revisi Regulasi dan Dukungan Sosial

2025-01-05T15:40:39+08:00

This study aims to explore the optimization of the implementation of diversion in handling children involved as drug couriers, with a focus on the legal regulation revisions and social support required. The research uses a normative legal study methodology with a qualitative approach, relying on descriptive analysis of existing regulations and relevant scholarly journals. The primary data sources consist of laws and regulations on juvenile criminal justice, while secondary sources are derived from legal literature published in the last ten years. The findings conclude that diversion plays an important role in addressing cases of children involved as drug couriers, but its implementation in Indonesia is still hindered by insufficiently comprehensive legal policies and inadequate social support, thus requiring regulatory revisions and inter-agency coordination to ensure its effectiveness. Social support, such as rehabilitation programs, alternative education, and economic empowerment, is crucial to creating new opportunities for these children, while technology can strengthen monitoring and evaluation of the diversion process to ensure its continuity as a rehabilitation effort based on restorative justice principles.

Penegakan Hukum Terhadap Judi Online di Aceh Tenggara: Kendala dan Strategi Pemberantasan

2025-01-28T14:09:58+08:00

This study aims to analyze the law enforcement against online gambling players in Aceh Tenggara Regency, particularly in the implementation of Qanun Aceh Number 6 of 2014 concerning Jinayat Law. This research uses a case study approach with an empirical legal research method. Primary data is obtained through interviews and observations with law enforcement officers, offenders, and the public regarding online gambling, while secondary data is collected from document reviews, regulations, and related literature. The research findings indicate that law enforcement against online gambling offenders in Aceh Tenggara has been carried out by law enforcement agencies, but the results are still not optimal as online gambling practices continue to expand. The main challenges faced are the lack of public awareness, limited technological resources, and insufficient training and coordination among agencies, which require a more effective strategy to address these issues.

Analisis Hukum terhadap Pemalsuan Data Otentik di Persidangan: Perspektif Hukum Positif dan Hukum Pidana Islam

2025-01-29T18:03:35+08:00

This study aims to analyze the falsification of authentic data in court proceedings from the perspectives of positive law and Islamic criminal law, focusing on the conformity of legal norms and the sanctions applied. This article falls under library research with a qualitative approach. The methodology used includes normative legal studies and comparative studies. The findings reveal that, in Indonesian positive law, the falsification of authentic data is regulated under the Criminal Code (KUHP) with strict criminal sanctions, while in Islamic criminal law, such actions are categorized as crimes that undermine the principles of justice, with ta'zir sanctions adjusted to the severity of the violation. This study emphasizes the importance of enforcing fair laws to maintain the integrity of the judicial system.

Relevansi Pasal 5 Deklarasi Universal Hak Asasi Manusia dan Al-Qur'an; Kontruksi Historis Pidana Islam

2025-02-02T10:01:15+08:00

Ideally, Article 5 of the Universal Declaration of Human Rights (UDHR), which prohibits torture, inhuman treatment, or degrading punishment, reflects universal principles that align with the values of justice, dignity protection, and the prohibition of cruel acts in the Qur'an. However, in reality, the implementation of these values often faces challenges both in the global context and in the application of Islamic criminal law, both in classical and contemporary times. This study aims to analyze the relevance of Article 5 of the UDHR with the teachings of the Qur'an and examine the historical construction of Islamic criminal law in implementing these values. This article is classified as qualitative research based on library research, using a normative-historical approach. The methodology employed is content analysis. The study concludes two main points. First, there is significant relevance between Article 5 of the UDHR and the teachings of the Qur'an, particularly in the principles of human dignity protection, justice, and the prohibition of cruel acts. Second, the historical construction of Islamic criminal law shows that these principles have been gradually implemented in various contexts, from the time of the Prophet, the period of the Imams of the madhhab, to the modern era.

Penerapan Teori Pidana dalam Pencegahan dan Penanggulangan Kriminalitas: Studi Kasus dan Tantangan Implementasi

2025-02-07T16:16:31+08:00

Ideally, the application of criminal law theory in the prevention and handling of criminality in Indonesia should be able to respond to the dynamic social changes and evolving nature of crime. Criminal law policy should not only focus on enforcement aspects but also on comprehensive prevention, integrating social approaches and legal education as part of preventive strategies. This is essential for the Indonesian criminal justice system to be more effective in reducing crime rates and improving the legal system as a whole. The aim of this research is to analyze the application of criminal law theory in the prevention and handling of criminality, as well as to identify the challenges in implementing these theories through case studies. This article falls under qualitative research, using a descriptive-analytical approach aimed at describing and analyzing the application of criminal law theory within the context of Indonesian law. The research results show that the application of criminal law theory in crime prevention and control faces challenges in regulation, law enforcement, and social response, often creating a gap between the ideal concept and practical implementation. Therefore, an integrative approach that considers normative, sociological, and empirical aspects is needed to ensure the effectiveness of criminal law policies in achieving justice and public protection.

Analisis Hukum Pidana terhadap Praktik Jual-Beli Rekening Bank dalam Transaksi Judi Online di Indonesia

2025-02-09T09:09:41+08:00

The advancement of technology has triggered the emergence of various new crime modes, including online gambling, which utilizes bank accounts as a means of financial transactions. These accounts are often obtained through syndicates that purchase them from the public at high prices. This practice raises legal issues as there are no specific regulations governing the buying and selling of bank accounts for online gambling transactions. This study aims to analyze the legal framework for online gambling transactions in Indonesia, examine the criminal law perspective on the trade of bank accounts for such transactions, and assess the forms of criminal liability for the perpetrators. The research employs a normative juridical approach with conceptual and legislative analyses. The findings indicate that, to date, there are no specific regulations governing the trade of bank accounts or online gambling in Indonesia, despite both being illegal activities. Consequently, criminal liability for those involved in selling bank accounts cannot be firmly enforced due to the absence of clear legal provisions. Therefore, regulatory reforms are necessary to accommodate the evolving nature of technology-based crimes.

Penemuan Hukum oleh Hakim di Indonesia: Dasar, Metode, serta Implikasinya terhadap Kepastian dan Keadilan Hukum

2025-02-27T16:59:38+08:00

Ideally, legal discovery by judges is expected to create both legal certainty and substantive justice simultaneously. However, in reality, the practice of legal discovery in Indonesia often leads to legal uncertainty due to differences in interpretation and the varied use of interpretative methods. Flexibility in legal discovery also has the potential to be misused if not supported by ethical foundations and adequate competence. This study aims to analyze the legal basis, methods, and implications of legal discovery by judges in Indonesia on legal certainty and justice. This research employs a juridical-normative approach by analyzing Law No. 48 of 2009, court decisions, and legal doctrines related to methods of legal interpretation. The results show that legal discovery by judges is necessary to address legal gaps and adapt the law to social developments. However, flexibility in legal discovery must be balanced with consistency in legal application to maintain legal certainty.

Mediasi Penal sebagai Penyelesaian Pidana Ringan Pondok Pesantren Putra Al-Ishlah Malang; Perspektif Maqashid Syariah Ibnu Ashyur

2025-04-09T08:58:14+08:00

This article aims to examine the implementation of penal mediation as a form of resolving minor criminal offenses committed by students at Al-Ishlah Putra Islamic Boarding School in Singosari, Malang, and to analyze its application from the perspective of maqashid sharia according to Ibnu Ashur. This article falls under qualitative library research with an empirical legal study approach. The findings show that penal mediation in this pesantren represents a legal resolution that emphasizes educational and restorative values, through mechanisms such as deliberation between the offender, the victim, and the student's guardian, as well as religious and social sanctions aimed at fostering moral awareness. From the perspective of Ibnu Ashur's maqashid sharia, this practice reflects efforts to protect the five essential aspects of lifeâ€”religion, life, intellect, lineage, and propertyâ€”while also demonstrating a legal approach that is rational, proportional, and oriented toward the public good (maslahah â€˜ammah).

Keadilan Restoratif sebagai Solusi Alternatif Penanganan Tindak Pidana di Era Digital

2025-06-11T11:52:26+08:00

This study aims to analyze the application of restorative justice as an alternative solution in handling criminal offenses in the digital era, which is marked by increasingly complex forms of crime and their impact on victims. The contribution of this research lies in its effort to offer a more humanistic, participatory, and relevant approach to punishment in line with the dynamics of modern criminal law, particularly in addressing legal challenges in digital spaces. The methodology used is library research with a qualitative approach and normative legal study, by analyzing statutory regulations, legal theories, and related scholarly literature. The findings indicate that restorative justice can serve as an effective alternative to conventional sentencing for resolving digital-based criminal offenses, as it promotes peaceful resolution between offender and victim, restores social relations, and reduces the burden on the formal criminal justice system. However, the implementation of restorative justice still faces challenges such as low digital legal literacy, unprepared infrastructure, and the absence of standardized procedural guidelines.

Pengaruh Qanun Jinayah Aceh terhadap Pemahaman Hukum Mahasiswa STAIN Meulaboh; Efektivitas dan Rekomendasi

2025-06-24T02:05:54+08:00

This study aims to examine the influence of the Aceh Qanun Jinayah on the legal understanding of students at STAIN Meulaboh. As a form of Sharia law implemented in Aceh, the Qanun Jinayah plays a significant role in upholding morality and justice in the region. Students, particularly those pursuing Islamic higher education at STAIN Meulaboh, are expected to have a deep understanding of Islamic law, including the Qanun Jinayah. This research employs a descriptive quantitative method by sampling 120 students from four academic programs: Islamic Criminal Law, Sharia Economic Law, Islamic Constitutional Law, and Sharia Banking. Data were collected through questionnaires and interviews, then analyzed statistically and qualitatively. The findings reveal that students’ understanding of the Qanun Jinayah varies, with those from law-related programs showing greater comprehension than students from other disciplines. Moreover, student perceptions of the effectiveness of the Qanun Jinayah in enforcing justice also differ, influenced by their educational and social backgrounds. The study concludes that the Qanun Jinayah has a significant impact on students' legal understanding at STAIN Meulaboh; however, improvements in Sharia legal education and public outreach are necessary to enhance students’ comprehensive understanding.

Artificial Intelligence dan Pertanggungjawaban Pidana dalam Perspektif Hukum Islam: Studi atas Konsep Taklif dalam Fiqh Jinayah

2025-06-30T01:28:20+08:00

This study aims to examine the possibility of criminal liability for Artificial Intelligence (AI) from the perspective of Islamic law through an analysis of the concept of taklif in fiqh jinayah (Islamic criminal jurisprudence). As the use of AI increases across various sectors of life, fundamental questions arise regarding the legal status of AI when it causes harm or engages in criminal acts. In Islamic law, taklif is a fundamental requirement for legal accountability, presupposing intellect, free will, and the ability to distinguish between right and wrong—attributes that AI does not possess. This research employs a qualitative juridical-normative approach using the library research method, analyzing classical primary sources in fiqh jinayah, as well as applying the maqasid al-shariah approach as a normative analytical framework. The findings indicate that although AI does not meet the criteria of a mukallaf, Islamic legal principles such as daman (liability) and al-‘amal bil wasait (liability through intermediaries) provide a basis for attributing legal responsibility to developers, controllers, or users of AI. The maqasid al-shariah approach further strengthens the legitimacy of legal reasoning (ijtihad) concerning non-human entities in order to preserve public interest (maslahah) and prevent harm (mafsadah). This study emphasizes the importance of reconstructing Islamic law to ensure its adaptability in response to the rapid development of digital technologies.