scholarly journals Proses Akomodasi Hukum Islam Kedalam Hukum Pidana Nasional

2015 ◽  
Vol 3 (2) ◽  
pp. 225-246
Author(s):  
Mara Sutan Rambe
Keyword(s):  
Criminal Law ◽  
House Of Representatives ◽  
Islamic Law ◽  
Criminal Code ◽  
Reform Era ◽  
Colonial Era ◽  
New Era ◽  
Old Order ◽  
Current Reform

Abstract: The process of accommodation of Islamic law into the National Criminal Law. The process of accommodation of Islamic law into the national criminal law, actually has been running since the days of the empire, the Dutch colonial era, the era of independence, the days of the old order, up to the current reform era. But its existence continues to be fought by most Muslims in Indonesia, including in the field of criminal law. It is based on the assumption that with the enforcement of the Islamic penal code, the crime that is increasingly spread in the midst of society can gradually be reduced. Accommodation of the Islamic criminal law in the reform era has entered a new era that, with the implementation of caning in Aceh. It is inseparable from the role of politicalparties / member of the House of Representatives. Therefore, need to carefully look at the stage where ideas and materials of Islamic criminal law began to be accommodated into the "Draft Criminal Code" to be formed, because the bill which will be transformed into law in force and binding, after it was enacted.  Abstrak: Proses Akomodasi Hukum Islam ke Dalam Hukum Pidan Nasional. Proses akomodasi hukum Islam kedalam hukum pidana nasional, sebenarnya telah berjalan sejak jaman kesultanan, jaman kolonial Belanda, jaman kemerdekaan, jaman orde lama, sampai dengan jaman reformasi saat ini. Namun eksistensinya terus diperjuangkan oleh sebagian umat Islam Indonesia, termasuk dalam bidang hukum pidana. Hal ini didasari oleh anggapan bahwa dengan diberlakukannya hukum pidana Islam, maka tindak pidana yang semakin hari semakin merebak di tengah-tengah masyarakat sedikit demi sedikit dapat terkurangi. Pengakomodasian hukum pidana Islam pada era reformasi telah memasuki era baru yaitu, dengan diterapkannya hukuman cambuk di Provinsi Nanggroe Aceh Darussalam. Hal ini tidak terlepas dari peran partai politik/anggota DPR RI. Karenanya, perlu disimak pada tahapan mana ide dan materi hukum pidana Islam mulai terakomodasi ke dalam “RUU KUHP” yangakan dibentuk, karena RUU tersebut yang akan menjelma menjadi undangundang yang berlaku dan mengikat setelah disahkan.  DOI: 10.15408/jch.v2i1.1846

scholarly journals REHABILITASI BAGI PENYALAHGUNA NARKOTIKA DALAM PERSPEKTIF MAQASID AS-SYARI’AH

2018 ◽  
Vol 4 (1) ◽  
pp. 74-87
Author(s):  
Adi Syaputra Sirait
Keyword(s):  
Drug Abuse ◽  
Criminal Law ◽  
House Of Representatives ◽  
Islamic Law ◽  
Criminal Code ◽  
Drug Addicts ◽  
Rehabilitation Centers ◽  
Criminal Penalty ◽  
The Supreme Court ◽  
History Of

Criminal Law in Indonesia is currently experiencing a renewal that includes formal criminal, material criminal and its implementation, it can be seen from the matter of Draft Law of the Criminal Code currently being discussed in the House of Representatives, is no exception about the criminal penalty for drug abuse which is now very threatening, many opinions of experts who argued that criminal confinement / imprisonment for narcotics abusers is not epektif because it can not cure and make a deterrent user. The regulation on the implementation of this rehabilitation was previously arranged through the Supreme Court Circular Number 07 Year 2009 to engage drug addicts in rehabilitation centers, with the aim that rehabilitation can be a punishment that heals the psyche and the minds of narcotics abusers who have been damaged due to the narcotics. Rehabilitation efforts for narcotics addicts and victims of narcotics abuse have not been found in the history of Islamic law development or Islamic criminal law, so this discussion should get further attention from the aspects of Islamic law (Maqasid As-Syari'ah) or Islamic criminal law

scholarly journals Akar Historis Formalisasi Hukum Islam di Nusantara

2020 ◽  
Vol 5 (1) ◽  
pp. 14-27
Author(s):  
S. Sarkowi ◽  
Agus Susilo
Keyword(s):  
Liberal Democracy ◽  
Islamic Law ◽  
The State ◽  
Contextual Analysis ◽  
Philosophical Approach ◽  
New Era ◽  
Pros And Cons ◽  
Historical Methods

This study was focused on the historical roots of Islamic law’s formalization in Indonesia. It was started from the discourse of pros and cons on which took place since the Indonesian independence, to be exacted when nine committees of BPUPKI formulated the state principles. It was continued during the Liberal Democracy era of the Old Era, New Era until Reformation. The objective of this study was to construct the historical roots of Islamic law formalization using historical methods with the philosophical approach to the contextual analysis. The results of this study show that the historical roots were started from the success of the ulama and their role, until the establishment of Islamic empires, then Islamic law was legalized in the form of legislation by adopting legal books written by the scholars. There was strong legitimacy of the role of ulama, as well as the Sultan’s commitment to governing society through the judiciary and positions of qadhi, mufti and shaykh al-Islam which become the main pillars of the Islamic formalization practice in the sultanate government in Nusantara.

scholarly journals Islamic Law Analysis of Criminal Sanctions for Abortion in the Criminal Code: A Call for Reform

2021 ◽  
Vol 58 (1) ◽  
pp. 5398-5407
Author(s):  
Ishaq, Maratun Saadah
Keyword(s):  
Data Collection ◽  
Criminal Law ◽  
Islamic Law ◽  
Criminal Code ◽  
Criminal Sanction ◽  
Criminal Sanctions ◽  
Library Research ◽  
Legal Literature ◽  
Legal Sanctions

This study aims to contribute to Islamic law regarding the criminal sanction of abortion in the Criminal Code (KUHP) as an effort to reform Indonesian criminal law. The method used is comparison, with data collection carried out by library research, by studying Islamic legal literature, interpretation of the Quran (tafsir), hadith, Criminal Code, and the Draft of Criminal Code. The sanctions for abortion in articles 346, 347, 348 and 349 of the Criminal Code are only imprisonment, not accompanied by fines. According to Islamic law these sanctions are not sufficient, because they tend to make the perpetrators not deterred, as a result the purpose of punishment is not achieved. Therefore, it needs to be updated by including the value of Islamic legal sanctions in the form of fines (diat), so that the purpose of punishment can be achieved.

scholarly journals Criminal Act Principles Policy Renewal of Criminal Act in Indonesia

2018 ◽  
Vol 1 (2) ◽  
pp. 479
Author(s):  
Sidik Purnama
Keyword(s):  
Research Method ◽  
Criminal Code ◽  
Penal Code ◽  
New Order ◽  
Reform Era ◽  
Legislative Period ◽  
Old Order ◽  
Code Book

After Indonesia's independence, some legal experts Indonesia tried to make the Criminal Code itself in accordance with the characteristics of Indonesia based on Pancasila and legal values that live and thrive in Indonesian society, but the spirit of the legal experts of the Indonesian nation was not offset by a member legislative duty during the Old Order, New Order and the Reform Era. It was only during the reign of President Joko Widodo draft Act, especially criminal Act book on a book I had been passed in 2018 this with legalized the Draft Penal Code Book I into Act by the legislative period 2014 - 2019 will automatically bill the Penal Code which has been stalled for more than 56 years, has now become a legitimate Act although not enrolled gazetted in Indonesia. This research method using normative juridical approach. The results showed that essentially the principles and foundations of the criminal Act system and the colonial criminal Act still survive with a blanket and face Indonesia. Principles of criminal Act enactment space according to Criminal Code draft concept consisting of: according to time and according to place. The meaning and nature of criminal Act reforms can be divided into two parts: from the point of policy approaches; and on the angle of approach valuesKeywords: Policy of Positive Criminal Act; Criminal Act Reform.

scholarly journals Reforming the rape offence in Norwegian criminal law

2021 ◽  
Vol 8 (2) ◽  
pp. 17
Author(s):  
Jørn Jacobsen ◽  
May-Len Skilbrei
Keyword(s):  
Criminal Law ◽  
Feminist Movement ◽  
Current Reform ◽  
Practical Instrument ◽  
Over Time

This article addresses the content, context and development of the Norwegian rape offence to frame and explain current reform discussions. The authors describe how the offence has gradually expanded over time by partial reforms, the last in 2000, leading up to the contemporary stand of law. The article shows that the role and priorities of the feminist movement has had consequences for how the rape offence has developed. There are currently debates on whether to further revise the rape offence. While debaters share the view that rape is a serious offence and that more should be done to combat it, they are divided in how they see the potential and role of law; some debaters emphasise law as a practical instrument, others instead focus more on its symbolic functions. The authors argue that both perspectives are legitimate and needed, and see this acknowledgment as key for moving debates forward.

scholarly journals PARADIGM OF DEATH PENALTY (COMPARATIVE STUDY IN INDONESIA, SAUDI ARABIA AND CHINA)

2020 ◽  
Vol 2 (1) ◽  
Author(s):  
Tedy Nopriandi ◽  
Risky Fany Ardhiansyah
Keyword(s):  
Saudi Arabia ◽  
Death Penalty ◽  
Criminal Law ◽  
Capital Punishment ◽  
Islamic Law ◽  
Human Life ◽  
Criminal Code ◽  
Comparative Approach ◽  
Law System ◽  
The Right

The death penalty is one of old criminal type as the age of human life, and the most controversial crime in of all criminal systems, both in countries that adhere to the Common Law System and in countries that embrace Civil Law, Islamic Law and Socialist Law. There are two main thoughts about the death penalty, namely: first, those who want to keep it based on the force provisions, and second are those who wish to the abolition as a whole. Indonesia includes a country that still maintains capital punishment in a positive legal system. This paper aims to resolve problems of the death penalty concept concerning the controversy purpose of the death penalty and to analyze the regulations, procedures and philosophies regarding the death penalty in Indonesia, Saudi Arabia and China. This paper uses normative juridical research and the methods based on the doctrine and developed by the author. The approach used the legal approach, historical approach and comparative approach, then analyzed by the customary method.The result of the study shows that the death penalty can be seen from the philosophical aspects of Indonesian criminal law, as well as the philosophical aspects of Islamic and Chinese criminal law. So that everything can not be separated from the essential legal objectives, namely for the creation of justice. Death penalty in Islamic law turns out the concept of restorative justice specifically for the crime of deliberate killing (al-qatl al-'amd), which the execution highly depends on the victim’s family. The victim’s family, in this case, has the right to choose whether qisas (death penalty) or their apologize for the murder suspect, and diyat payment. While China in the implementation of death penalty applies the concept of rehabilitation, which in the execution of the death penalty is called a death penalty delay for two years and in its implementation, the defendant is given a job and control them. Whereas in Indonesia, capital punishment is a specific criminal offence and threatened with alternatives and is still a draft Criminal Code.

scholarly journals Studi Komparatif Tindak Pidana Aborsi dalam Perspektif Hukum Article Positif dan Hukum Pidana Islam (Imam Madzhab)

2021 ◽  
Vol 1 (2) ◽  
pp. 204-213
Author(s):  
Moh. Faqih
Keyword(s):  
Criminal Law ◽  
Islamic Law ◽  
Secondary Data ◽  
Criminal Code ◽  
Research Approach ◽  
Legal Research ◽  
Medical Reason ◽  
Positive Law ◽  
Approach Method

The rise of promiscuity and free sex is the reason for a large number of abortion perpetrators in Indonesia. In the enactment of the law stipulated in the Criminal Code (KUHP) regarding abortion, it is very clear that abortion is prohibited as well as from the perspective of Islamic law it is forbidden to abort the fetus unless there is a medical reason that an abortion must be performed. However, in the opinion of Madzhab, there is still a classification of permissibility before the blowing of the spirit and the scholars agree that it is haram to abort the fetus after blowing the spirit. The research approach used in this study is the Normative Juridical Research Method, namely the approach method used in this study is the normative juridical approach or doctrinal legal research, which is legal research that uses secondary data sources. The results of the research conducted by the author are to provide insight to readers so that they better understand the meaning of abortion and also the punishment of the perpetrators of the crime of abortion both in terms of positive law and Islamic criminal law. In finding the comparison of the punishment between positive law and Islamic criminal law lies in the age limit of the fetus that is in the content of the sanction based on Islamic criminal law, the punishment is to pay ghurrah or diyat Kamilah Dari before the blowing of the spirit or after the blowing of the spirit.

scholarly journals Domestic violence

Temida ◽  
2003 ◽  
Vol 6 (2) ◽  
pp. 37-44
Author(s):  
Jasmina Kiurski
Keyword(s):  
Domestic Violence ◽  
Criminal Law ◽  
Criminal Code ◽  
Legal Institution ◽  
Legal Systems ◽  
Criminal Offence ◽  
Protective Function ◽  
Recent Reform ◽  
Definition Of

In this article author examines a definition of a family, the role of a family as a social and legal institution as well as state reaction in a situation of mal function of a family. Special attention is given to a definition of a family, its protective function and criminal law in modern legal systems. Author also analyzes recent reform of our legislation firstly new criminal offence (Article 118a of the Criminal Code of Republic of Serbia) - Domestic Violence - and its relation to other similar criminal offences. Finally, author gives an overview of up-to-now practice from District and Municipal Prosecutors Offices in Belgrade and suggestions for solving observed problems in implementation of this criminal offence.

scholarly journals THE A Politics of Recognition: The Legislation of Zakat Law in a Transition of New Order and Reform Era

ULUMUNA ◽  
2020 ◽  
Vol 24 (2) ◽  
pp. 320-347
Author(s):  
Ali Murtadho Emzaed ◽  
Kamsi Kamsi ◽  
Ali Akhbar Abaib Mas Rabbani Lubis
Keyword(s):  
House Of Representatives ◽  
Islamic Law ◽  
The State ◽  
Political Support ◽  
New Order ◽  
Multicultural Society ◽  
Politics Of Recognition ◽  
Reform Era ◽  
Religious Law ◽  
New Phase

This article discusses Islamic civilians' struggles in gaining recognition of ‘positivization’ of Zakat Law No. 38/1999 and analyzes dynamics of relations between religion and the state in Indonesia. A period of democratic transition from Suharto to B.J. Habibie (Reform era 1998) marked an entry point for a new phase of state juridical recognition to Islamic law. In this paper, the dynamics of political recognition of zakat law are elucidated from a historical-critical analysis. The findings are twofold. Firstly, the zakat law was enacted during B.J. Habibie’s administration, where waves of democratization began. Secondly, the Islamic civilians played an important role in institutionalizing zakat and providing political support for the Ministry of Religion's efforts in proposing Zakat Management Bill (RUUPZ) to the House of Representatives. The state acknowledged multicultural society by adopting their living religious law whose application does not threaten the nation's unity.

scholarly journals A NEW LEGAL SOLUTION ON RECIDIVISM IN SERBIАN CRIMINAL LEGISLATION

2021 ◽  
Vol 25 (3) ◽  
Author(s):  
Ivana Bodrožić ◽  
Đorđe Đorđević
Keyword(s):  
Decision Making ◽  
Criminal Law ◽  
Legal Status ◽  
General Trend ◽  
Criminal Code ◽  
Judicial Decision ◽  
Judicial Decision Making ◽  
Criminal Legislation ◽  
Persistent Offending

From the adoption of the Criminal Code in 2006 until the latest amendments of 2019, the Serbian criminal legislation treated recidivism as an optional aggravating circumstance, which had its specific legal status in comparison with other mitigating and aggravating circumstances. According to the new legal solution, instead of being optional, recidivism has become a mandatory aggravating circumstance, which together with clearly specified conditions for harsher penalties narrows down the possibility of free judicial decision-making when meting out punishment. The paper answers several questions: whether harsher penalties for recidivists are only the result of continuous tightening of repression at a normative level, whether and to what extent the criminal-law framework has been improved, and whether returning to some solutions, which were not normally applied in court practice, can be marked as approriate to achieve the desired degree of crime prevention. Final critical conculusion is that the new legal solution on recidivism appears regressive, given that the court is strictly bound by the law through oblitatory conditions regarding prior and persistent offending, which is in compliance with the general trend of tightening repression at the normative level and reducing the role of the court to the level of administrative application of the norm.

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