scholarly journals Ambiguity of Adultery Concept (Zina) in Criminal and Justice System (A Comparison between Indonesia, Pakistan, and Turkey)

2019 ◽  
Vol 4 (1) ◽  
pp. 93-106
Author(s):  
Agustya Catur Mahendra
Keyword(s):  
Justice System ◽  
Islamic Law ◽  
Criminal Code ◽  
Married Women ◽  
Prison Sentence ◽  
Sexual Relations ◽  
Criminal Offense ◽  
Men And Women ◽  
Marital Relations ◽  
System A

Indonesia is a country that has an ideological foundation, namely Pancasila, while Turkey is a country that has a foundation of ideology of Kemalism. Every country must have a different ideological foundation and certainly has a different legal system, as well as the country of Pakistan. In this article, what will be discussed is regarding adultery. Adultery is intercourse between men and women who do not have a legitimate marriage bond according to religion, adultery also can defined sexual relations between men and women who are not bound by marital relations.  In the book Bidayatul Mujtahid it is stated that adultery is intercourse that occurs not because of a legitimate marriage, not because of false marriage, nor because of ownership (of slaves). Sahal Mahfudz expressed the opinion of the Imams of the School of Understanding adultery with three main points of understanding.  Such understanding has been agreed upon by the scholars.  Adultery is the path to damage that can lead to human descent from noble to despicable degrees.  In Indonesia, adultery is a crime stipulated in article 284 of the Criminal Code, the article applies if one of the adulterers has been bound to marriage, so for those who are not bound by marriage cannot be criminalized, in article 284 of the Criminal Code as a criminal offense with a prison sentence of up to nine months, with the following conditions; He who is an adulterous wife is being aware that article 27 of the Criminal Code applies to him and married women who commit adultery. In the country of Turkey, adultery is not a criminal act, it is based on secular Turkish ideology and considers that sexual relations are a private area, but adultery can be a cause or an excuse to file a divorce. This makes the perpetrators of adultery who have not or are not bound by marriage do not have any impact or risk of the adultery that they have committed. Whereas in Pakistan, zina acts are adjusted to existing Islamic law.

scholarly journals CORPORATE CRIMINAL LIABILITY IN INDONESIA ON THE PERSPECTIVE OF COMPARISON

2017 ◽  
Vol 2 (2) ◽  
pp. 144-154
Author(s):  
Muchammad Chasani
Keyword(s):  
Criminal Justice ◽  
Criminal Law ◽  
Justice System ◽  
Criminal Responsibility ◽  
Criminal Liability ◽  
Criminal Code ◽  
Criminal Offense ◽  
Criminal Legislation ◽  
Corporate Criminal Liability ◽  
Responsibility System

The regulation of corporate criminal liability in Indonesia's criminal justice system is basically a new and still debatable issue. It is said that because in the Criminal Code is not recognized and regulated explicitly about the corporation as a subject of criminal law. This is a natural thing since the WvS Criminal Code still adheres to the principle of "societas delinquere non potest" or "non-potest university delinquere", that is, a legal entity can not commit a crime. Thus, if in a society there is a criminal offense, then the criminal act is deemed to be done by the board of the corporation concerned. Regarding the corporate criminal responsibility system in Indonesia, in the corruption law Article 20 paragraph (1), if the corporation committed a criminal act of corruption, then those responsible for the criminal act shall be the corporation only, the management only, or the corporation and its management. Thus, it can be said that the regulation of corporate criminal liability in the legal system in Indonesia is expressly only regulated in special criminal legislation, because the Criminal Code of WvS still adheres to the principle of "societas delinquere nonpotest" so it is not possible to enforce corporate criminal liability in it.

ANALYSIS POLICE EFFORTS IN CLEAR HER NAME DUE TO FALSE ARREST ACCORDING TO ARTICLE 1, ITEM 23 ABOUT REHABILITATION ARREST CRIMINAL CODE

2015 ◽  
Vol 1 (2) ◽  
pp. 93-110
Author(s):  
Dadang Suprijatna
Keyword(s):  
Justice System ◽  
Descriptive Analysis ◽  
Criminal Procedure ◽  
Criminal Code ◽  
Integral Approach ◽  
Criminal Offense ◽  
Penal Policy ◽  
The Law ◽  
The Right ◽  
Sense Of Justice

ABSTRACTPositions wrongly in Indonesia's criminal justice system was relatively less attention, and yet provide direct protection against the victim. Criminal law policy for the protection of victims of wrongful arrest of a criminal offense, used with an integral approach and balance between penal policies (penal policy) and non penal policy (non penal policy) in order to achieve the welfare of the community.  The method used in this research is a normative legal research methods descriptive analysis, which is intended to provide data as possible about a situation. In this case the intended data is data that can be used as research material, which is used to determine the various statutory provisions governing the authority of the police in restoring the good name of victims of wrongful arrests.  Rehabilitation described in Article 97 paragraph (1) as follows: "a right to obtain rehabilitation if the court acquitted or freed from all lawsuits whose decision has had permanent legal force."The consequences of the law in the case of wrongful arrests should not only for the victims be wrongly alone but ought to fulfill a sense of justice in society should also have the responsibility of police investigators alone. Legal responsibilities of law enforcement in this case that should be able to apply Article 1, point 23 of the Code of Criminal Procedure mentioned rights wrongly rehabilitation.  The conclusion of this study Accountability police investigators in arresting the suspect one of them is doing the rehabilitation of suspects, where rehabilitation is continued provision of compensation. If damages are set in the two chapters, rehabilitation arranged in one article only, namely Article 97 of the Criminal Procedure Code. Thus still expected to implementing regulations. Rehabilitation is the right person to get redress in capabilities, position and dignity and dignity given to the level of investigation, prosecution, or trial since been arrested, detained, charged, or prosecuted without reason that by law or by reason of a mistake as to the person or the law is applied.  Keywords: Clear Her, Name, False Arrest

scholarly journals FORCED SEXUAL RELATIONSHIP HUSBAND WIFE in ISLAM: MAQĀṢID SHARĪ'AH PERSPECTIVE

2021 ◽  
Vol 6 (1) ◽  
pp. 49-72
Author(s):  
Eki Resa Firiski
Keyword(s):  
Domestic Violence ◽  
Sexual Violence ◽  
Sexual Intercourse ◽  
Islamic Law ◽  
Sexual Relationship ◽  
Sexual Relations ◽  
Men And Women ◽  
Library Research ◽  
Islamic Religion ◽  
Husband And Wife

This article is the result of library research. The direction of this research discussion is how the Islamic religion addresses the issue of forced sexual intercourse between husband and wife. This article discusses vis a vis between maqāsid sharī'ah and Law Number 23 of 2004 concerning the Elimination of Domestic Violence. Claim of this research is the forced sexual intercourse of husband and wife according to Law Number 23 of 2004 is in line with the objectives of Islamic law (maqashid syar'iah) which is to protect tauhid/monotheism (hifd al din) men and women. The equality of relations between men and women is contained in the teachings of mu'āsharah bi al-ma'rūf (good association). Sexual violence can occur in both husband and wife. If the husband forces sexual intercourse, then it is prohibited. Vice versa, if the wife refuses to have sex without a syar'i reason, then this is also prohibited. not allowed. According to Islamic law, sexual violence can be punished with a finger of ta'zir sanction. Islam forbids acts of forced sexual intercourse as well as violence by husbands against their wives. And vice versa. Islam came with the main mission of realizing the benefit of all creatures, men and women. Islam teaches equal and equal sexual relations between husband and wife. Keywords: forced sexual intercourse, maqashid shari'ah   Abstrak Artikel ini adalah hasil dari penelitian kepustakaan. Arah diskusi penelitian ini adalah bagaimana agama islam menyikapi  isu pemaksaan hubungan seksual suami istri. Artikel ini mendiskusikan vis  a vis antara maqāsid sharī’ah dan Undang-Undang Nomor 23 Tahun 2004 Tentang Penghapusan Kekerasan Dalam Rumah Tangga. Klaim penelitian ini adalah bahwa pemaksaan hubungan seksual suami istri menurut Undang-Undang Nomor 23 Tahun 2004 selaras dengan tujuan syariat islam (maqashid syar’iah) yaitu melindungi ketauhidan (hifd al dīn) laki-laki dan perempuan. Kesetaraan relasi laki-laki dan perempuan tertuang dalam ajaran mu’āsharah bi al-ma’rūf. Kekerasan seksual dapat terjadi pada istri maupun suami. Jika suami memaksa hubungan seksual, maka itu dilarang. Demikian pula sebaliknya, jika istri menolak berhubungan tanpa alasan yang syar’i, maka ini juga dilarang. tidak diperbolehkan. Menurut hukum Islam, kekerasan seksual dapat dipidana dengan sanksi jarimah ta’zir. Islam melarang tindakan pemaksaan hubungan seksual juga kekerasan yang dilakukan suami atas istri.dan juga sebaliknya. Islam datang dengan misi pokok mewujudkan kemaslahatan bagi seluruh makhluk, laki-laki maupun perempuan. Islam mengajarkan relasi seksual suami–istri yang sejajar dan setara. Kata Kunci : pemaksaan hubungan seksual,  maqashid syari’ah

scholarly journals Perlindungan Hukum Bagi Anak Dalam Tindak Pidana Pencurian Dengan Kekerasan Yang Mengakibatkan Matinya Korban (Studi Putusan No. 37/Pid.Sus-Anak/2017/PN. Mdn)

2019 ◽  
Vol 1 (2) ◽  
pp. 183-192
Author(s):  
Tengku Fachreza Akhbar A ◽  
Maswandi Maswandi ◽  
Arie Kartika
Keyword(s):  
Criminal Law ◽  
Child Protection ◽  
Justice System ◽  
Legal Protection ◽  
Criminal Code ◽  
Legal Counsel ◽  
Prison Sentence ◽  
Next Generation ◽  
Juvenile Courts ◽  
History Of

Protection of children as perpetrators of crime will never stop throughout the history of life, because children are the next generation of the nation and the next generation of development, that is, the generation prepared as subjects for implementing sustainable development and controlling the future of a country. This type of research is normative juridical and descriptive analyst. The legal arrangements for the theft of violence with the result that the death of a victim is regulated in Article 365 of the Criminal Law Act, linked to Law 35 of 2014 Amendment to Law No.23 of 2002 concerning Child Protection, and Law No. 11 of 2012 Amendment to Law No. 3 of 1997 concerning Juvenile Courts. Legal protection that children get protection, accompanied by a Legal Counsel, Psychologist, the existence of peace efforts between the parties concerned. Sanctions and sentences in Decision No. 37 / Pid.Sus-Anak / 2017 / PN. Mdn because the perpetrators violated Article 365 paragraph (4) of the Criminal Code, considering Law Number 11 of 2012 concerning the Criminal Justice System for Children, the offender was sentenced to a prison sentence of six years.

scholarly journals PREDISPOSISI KRIMINAL TINDAK PIDANA PERZINAHAN DAN ABORSI DALAM PELAKSANAAN PERATURAN PEMERINTAH NOMOR 61 TAHUN 2014 TENTANG KESEHATAN REPRODUKSI.

2021 ◽  
Vol 5 (1) ◽  
pp. 56
Author(s):  
Siti Fatimah
Keyword(s):  
Sexual Behavior ◽  
Reproductive Health ◽  
Government Regulation ◽  
Islamic Law ◽  
Unwanted Pregnancy ◽  
Criminal Code ◽  
Customary Law ◽  
Men And Women ◽  
Positive Law ◽  
Mutual Agreement

This paper contains a discussion of predisposition or contradiction in laws and regulations governing the crime of adultery with the implementation of abortion. Adultery and abortion are criminal acts that are victimless in nature or crimes with mutual agreement and without victims. In positive Indonesian law, adultery is only considered a criminal act when one or both of the perpetrators are married people or in our society it is known as an affair or gathering. kebo. This is very contrary to Islamic law and laws that live in society or customary law as stated in the Pancasila. As a result, a pregnancy outside of wedlock or an unwanted pregnancy may result from this adulterous relationship. When a pregnancy outside of marriage occurs, the psychological condition of both parties is disturbed and eventually not a few decide to take the path of abortion, especially teenagers, even though at the risk of losing their life. Even though by law abortion is allowed, but even then it must be subject to rules, conditions and supervision. strictly carried out by competent parties as designated by law. The formulation of the article on adultery in Indonesian legislation is still unclear, especially for the act of adultery committed by two men and women who are neither married to any party. However, sexual behavior is risky or between other pre-marital sexual behavior according to Article 11 of Government Regulation no. 61 of 2014 concerning Reproductive Health to prevent and protect adolescents from these acts because it is clear that they have a bad impact both physically and psychologically. This is where there is a conflict between Indonesia's positive law, namely between Article 284 of the Criminal Code and Article 11 of Government Regulation no. 61 of 2014 concerning Reproductive Health. Meanwhile, the adultery article as mentioned above has been clearly stated in Article 240 of the Draft Criminal Code, but so it has not been ratified for certain reasons. Among the efforts to prevent the crime of adultery and abortion is the enforcement of the substance, structure and culture of law in Indonesia.

scholarly journals HUKUMAN TINDAK PIDANA PENIPUAN DENGAN MENGGUNAKAN IDENTITAS PALSU DITINJAU DARI HUKUM ISLAM (Analisis Putusan Nomor 164/Pid. B/2016/PN. Bna)

2020 ◽  
Vol 10 (1) ◽  
Author(s):  
Munanda Munanda ◽  
Kamaruzzaman Kamaruzzaman ◽  
Riadhus Sholihin
Keyword(s):  
Legal System ◽  
Islamic Law ◽  
Descriptive Analysis ◽  
Criminal Code ◽  
Criminal Offense ◽  
Detailed Explanation ◽  
Library Research ◽  
False Identity ◽  
Definition Of ◽  
Research Show

 Absrtak: Fraud using false identities is a criminal offense in the Indonesian legal system. The problem of fraud using this has not been sanctioned or punished in Islamic law so that it becomes something worth examining, considering that in the national legal system this problem is regulated in Article 378 of the Criminal Code and specifically fraud using false or deceptive identities, moving others to hand over something to him, or in order to give debt or write off receivables. But that does not mean that in Islamic law there is no penalty for fraud using this false identity. The research enrichment in this thesis is a review of Islamic law on judges' decisions and considerations (No. 164 / pid.Bna / 2016 / PN Bna) regarding fraud cases using fake identities. The purpose of this study was to determine the review of Islamic criminal law against perpetrators of fraudulent crimes using fake identities. By using library research methods and using descriptive data, this research is a descriptive analysis that aims to explain data about fraud using fake identities which are then analyzed with theories in Islamic law. The results of the research show that there is a specific and detailed explanation regarding the definition of fraud using fake identity, but in Islamic law there is no penalty for this crime. So see the similarities with the case of Baitul Maal stamp fraud during the time of Umar bin Khattab who punished the perpetrators with ta'zir punishment, whipping 100 times and exiled a year. From the explanation above, it can be concluded that the punishment for fraud perpetrators using fake identities is ta'zir punishment. Keywords: Fraud, False Identity.

scholarly journals PEMIDANAAN ANAK MENURUT HUKUM ISLAM DAN HUKUM PIDANA INDONESIA

2015 ◽  
Author(s):  
Adam Sani
Keyword(s):  
Human Resources ◽  
Restorative Justice ◽  
Rule Of Law ◽  
Justice System ◽  
Islamic Law ◽  
Criminal Offense ◽  
The Rule Of Law ◽  
The World ◽  
The Law ◽  
The Government

Children is that of Allah swt which exists to the world is on the nothing but (pure children as the youth is the successors to achieve struggles and human resources for the development of nasional. children need guidance and attention specifically, Especially their parents and the government to achieve the development of physical , mental and spiritual maximally .The rule of law against children a criminal offense in Indonesia arranged in act no. 3 year 1997 on court children later improved by the law no. 11 2012 about the justice system children .Hence , if the child a criminal offense therefore his is to be processed legally based on the bill. Law no. 11 2012 about judicial systems children prefer diversi in the form of restorative justice in terms of handle matter children proven to commit crimes. According to islamic law , children committing a commit crimes.Keyword: children,  islamic law, crimes law, of Indonesia

scholarly journals Hubungan Seksual Suami-Istri dalam Perspektif Gender dan Hukum Islam

2013 ◽  
Vol 13 (2) ◽  
Author(s):  
Umi Khusnul Khatimah
Keyword(s):  
Islamic Law ◽  
Cultural Analysis ◽  
Sexual Relationships ◽  
Institutional Framework ◽  
Sexual Relation ◽  
Sexual Relations ◽  
Men And Women ◽  
Universal Values ◽  
Construction Law ◽  
Law Making

Abstract: Marital Sexual Relations within the Perspective of Gender and Islamic Law. This article explains that the rights of sexual relations of men and women within the institutional framework of marriage are the same. The assumption of jurisprudence which is source from several hadith has been adopted as a male hegemony without considering the substance and context of the Hadith. Meanwhile, the Quran describe the balancing of rights of men and women within sexual relationships. This study offers an approach to the study in the case of sexual relations of men and women to look at usûl al-fiqh as a critical foundation in law making. In social and cultural analysis, it can be seen that the construction law is heavily influenced by longstanding habits. Therefore, universal values   should be seen as a response to the formation of the current law.Keywords: sexual relation, Islamic law, genderAbstrak: Hubungan Seksual Suami-Istri dalam Perspektif Gender dan Hukum Islam. Artikel ini menjelaskan bahwa hak-hak hubungan seksual laki-laki dan perempuan dalam kerangka institusi pernikahan adalah setara. Asumsi fikih yang bersumber dari beberapa Hadis diadopsi sebagai hegemoni laki-laki tanpa menimbang substansi dan konteks Hadisnya. Sementara Alquran menjelaskan keseimbangan hak laki-laki dan perempuan dalam hubungan seksual. Studi ini menawarkan suatu pendekatan pada kajian hukum Islam dengan kasus hubungan seksual laki-laki dan perempuan untuk melihat ushul fikih sebagai pondasi kritis dalam pengambilan hukum. Dalam analisis sosial dan budaya terlihat bahwa konstruksi hukum banyak dipengaruhi oleh kebiasaan yang sudah berlangsung lama. Untuk itu, nilai-nilai universal perlu dilihat sebagai jawaban dalam formasi hukum saat ini.Kata Kunci: hubungan seksual, hukum Islam, genderDOI: 10.15408/ajis.v13i2.936

scholarly journals Separation of Powers in the Kuwaiti Criminal Justice System: A Case Study

2018 ◽  
Vol 4 (2) ◽  
pp. 59
Author(s):  
Abdulrahman F S H Alhajri
Keyword(s):  
Human Rights ◽  
Criminal Justice ◽  
Criminal Justice System ◽  
Justice System ◽  
Islamic Law ◽  
Separation Of Powers ◽  
Law System ◽  
System A ◽  
Democratic Principles

Discussions of the Separation of Powers (SOP) tend to be related to the administrative state, at the expense of the criminal state. This research addresses the question of separating powers within the criminal justice system of Kuwait, examining the function of this division and the structures that are designed to protect the rights of citizens. Despite being regulated according to democratic principles, the criminal justice system of Kuwait has been described as excessively controlled by executive bodies. Currently, there appears to be a lack of research explaining how numerous criminal justice bodies in Kuwait can effectively promote the principles of freedom, democracy, and equality before the law. The proposed research aims to provide insights into the SOP between institutions and to assess its effectiveness in addressing the principles stated in the Constitution of Kuwait. The origins of the modern Kuwaiti criminal justice system will also be explored, with a focus on British Jurisdiction (as a past influence) and French, Egyptian and Islamic law (as continuing influences). This development history makes Kuwait an excellent example of the diffusion of law, which, although it has been investigated widely, is still a topic of interest among modern researchers, alongside human rights and their protection through the criminal law system. This is one of the first studies to discuss the SOP in the Kuwaiti criminal justice system as a mixed phenomenon that can influence the protection of Kuwaiti citizens’ human rights at each stage of law enforcement and prosecution.

scholarly journals Kontroversi Perbudakan dalam Perspektif Kaidah al-Aṣl fī al- Abḍā’ al-Tahrīm

2021 ◽  
Vol 2 (3) ◽  
pp. 457-471
Author(s):  
Asri Asri ◽  
Fauziah Ramdani ◽  
Aswar Aswar ◽  
Andi Ruqayyah Rahman
Keyword(s):  
Qualitative Research ◽  
Human Rights ◽  
Sexual Intercourse ◽  
Islamic Law ◽  
Human Rights Violations ◽  
Sexual Relations ◽  
Men And Women ◽  
The Law ◽  
Descriptive Qualitative

This study aims to determine the explanation of slavery in the view of Islam and resolve the slavery controversy raised by liberals and non-Muslims who are trying to attack Islam with accusations of human rights violations and to find out in more detail the legal discussion of sexual relations outside of marriage (non-marital) in the perspective of the rules of al-Aṣl fī al-abḍā' al-tahrīm. This research is a descriptive-qualitative research with a normative juridical approach to analyze the data and obtain conclusions about the slavery controversy in the perspective of the al-aṣl fī al-abḍā' al-tahrīm rule. The results of the study reveal that in Islam the law of non-marital sexual intercourse or adultery has been regulated by Allah swt in the Qur'an and hadith absolutely, namely the law of lashing a hundred times or being exiled for a year for the adulterer ghairu muḥṣan (unmarried) and the law of stoning (married) for muan adulterers. So non-marital sexual relations are absolutely not allowed in the teachings of Islamic law, as the meaning of the rule of al-aṣl fī al-abḍā' al-tahrīm, namely the original law in jima 'or sexual relations between men and women are haram.

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