scholarly journals Kontribusi Teori Sanksi dan Asas Pembuktian terhadap Jarîmah Korupsi di Indonesia

2016 ◽  
Vol 9 (2) ◽  
pp. 479
Author(s):  
Nasrullah Nasrullah
Keyword(s):  
Law Enforcement ◽  
Criminal Law ◽  
Islamic Law ◽  
Indonesian Government ◽  
Criminal Sanctions ◽  
History Of

<p>Islamic law consists of a set of norms, principles and rules of law enforcement, dealing with the eradication of corruption. In the history of Islamic law, there have been the theories and principles of Islamic law, such as the theory of <em>jawâbir</em>, <em>zawâjir</em>, and the principle of <em>min ayn lak hâdhâ</em> (known as the reversed evidence) regarding the application of criminal sanctions of corruption. The application of criminal sanctions of corruption in Indonesia, especially with regard to the principle of reversed evidence has not been well-formulated. For the perfection of legislation in combating corruption, it is possible for the Indonesian government to amend the existing legislation, in order to make the country free from corruption. This paper focuses on the study of theoretical contributions on sanctions and the principle of proof evidence in Islamic criminal law to be transformed into criminal sanctions of corruption in Indonesia, which refers to the theory of <em>jawâbir</em>, <em>zawâjir</em>, and the principle of <em>min ayn lak hâdhâ</em>, which had been done previously by the caliph ‘Umar b. al-Khattâb and succeeded in preventing and combating corruption.</p>

scholarly journals Law Enforcement Against Perpetrators of Domestic Violence in terms of Legislation and Islamic Law

2020 ◽  
Vol 2 (1) ◽  
pp. 109-119
Author(s):  
Fathul Djannah ◽  
Muhammad Rizal
Keyword(s):  
Domestic Violence ◽  
Law Enforcement ◽  
Criminal Law ◽  
Islamic Law ◽  
Physical Violence ◽  
Secondary Data ◽  
Alternative Formulation ◽  
Psychological Violence ◽  
Criminal Sanctions ◽  
System Type

The aims of the study is to find out the law enforcement against perpetrators of domestic violence in terms of legislation and islamic law. this research was conducted by examining library materials or secondary data relating to divorce on the grounds of domestic violence. Furthermore, using a normative juridical approach, it is intended to get clarity about divorce on the grounds of domestic violence. The result shows that the criminal law policy in the formulation of a system of criminal sanctions against perpetrators of a crime in domestic violence according to the provisions of the Domestic Violence Act (UUPKDRT) uses an alternative formulation system type. Criminal sentences in the form of imprisonment or fines with minimum and maximum rules. In Article 44 (physical violence), Article 45 (psychological violence), and Article 49 (neglect) there is no stipulation of a criminal minimum limit that only mentions a maximum limit

scholarly journals KEBIJAKAN PENGGUNAAN SANKSI PIDANA DALAM PERUNDANG--UNDANGAN HUKUM ADMINISTRASI UNDANGAN HUKUM ADMINISTRASIUNDANGAN HUKUM ADMINISTRASI UNDANGAN HUKUM ADMINISTRASI

2016 ◽  
Vol 1 (1) ◽  
pp. 135
Author(s):  
Eman Sulaiman
Keyword(s):  
Law Enforcement ◽  
Criminal Law ◽  
Administrative Law ◽  
Law Enforcement Agencies ◽  
Criminal Sanctions ◽  
Procedural Law ◽  
State Administration ◽  
The One ◽  
Level Of Understanding

<p>Abstract</p><p><span>The use of criminal sanctions as the main sanction has indicated the extent to<br /><span>which the level of understanding of the legislators to the problem of "crime and<br /><span>punishment". At least show that the limited understanding of the use of criminal<br /><span>sanctions also affect the determination of criminal sanctions in administrative<br /><span>law. "Errors" in the formulation of the implications for the difficulty and<br /><span>confusion in the law enforcement, because there is a gap of two disciplines,<br /><span>namely the criminal law on the one hand and on the other hand administrative<br /><span>law, which has its own procedural law. This confusion will lead to ambiguity in<br /><span>the resolution of cases of violation of administrative law contains criminal<br /><span>sanctions, whether enforcement will be carried out by law enforcement agencies<br /><span>within the criminal justice sisitem or whether officials of the state administration<br /><span>in the sphere of administration? Such circumstances, of course, will lead to the<br /><span>existence of legal uncertainty for the community.<br /><span>Kata Kunci: <em>sanksi pidana, hukum pidana, hukum administrasi</em></span></span></span></span></span></span></span></span></span></span></span></span></span><br /></span></p>

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 Alternatif Untuk Meminimalisasi terhadap Pelanggaran HAM dalam Penegakan Hukum Pidana

Wajah Hukum ◽  
2020 ◽  
Vol 4 (1) ◽  
pp. 116
Author(s):  
Ryan Aditama
Keyword(s):  
Human Rights ◽  
Law Enforcement ◽  
Social Status ◽  
Social Inequality ◽  
Criminal Law ◽  
The State ◽  
Human Rights Violations ◽  
Cultural Understanding ◽  
State Apparatus ◽  
History Of

Related to the general provisions of Law No. 39 of 1999 concerning Human Rights, which states that the beginnings of the history of the Indonesian nation to date have recorded various problems including: suffering, misery and social inequality, resulting from unjust and discriminatory acts and actions on ethnic, racial, cultural understanding, language, color, skin, and religion, as well as class, gender, and even social status and others. These unjust and discriminatory acts are included in violations of human rights, both vertically "carried out by the state apparatus itself to citizens or even vice versa" or those that are horizontal "ie between citizens themselves" and do not allow those included in the category for gross violations of the conception of human rights (grossviolation of human rights). This alternative to minimize human rights violations in criminal law enforcement is an effective way to reduce the number of human rights violations in Indonesia.

scholarly journals Hukuman Mati Bagi Koruptor Pada Saat Keadaan Tertentu (Pandemi COVID-19) Perspektif Hukum Nasional dan Hukum Islam

2021 ◽  
Vol 15 (1) ◽  
pp. 137-150
Author(s):  
Dahyul Daipon
Keyword(s):  
Human Rights ◽  
Law Enforcement ◽  
Death Penalty ◽  
Criminal Law ◽  
Islamic Law ◽  
Positive Law ◽  
The Government

The current condition of the Covid-19 pandemic is a time where almost everyone feels social and economic difficulties. Communities whose regions apply restrictions/quarantines are highly dependent on assistance from the government. This paper is a study and analysis of one question how the death penalty can be applied to perpetrators of corruption during the Covid-19 outbreak or pandemic. In the criminal law that applies in Indonesia, the death penalty for perpetrators of criminal acts of corruption is contained in Article 2 paragraph 2 of Law no. 31 of 1999 concerning the Eradication of Corruption Crimes. Meanwhile, in Islamic law, corruption is categorized as jarimah ta'zir. The results of this study conclude that during a pandemic, the death penalty can be applied to corruptors in accordance with the provisions of Article 2 of the Anti-Corruption Law and the provisions of Islamic criminal law as jarimah ta'zir. There are fundamental differences in the application of the death penalty for corruptors according to positive law and Islamic criminal law, especially with regard to the conditions required for the imposition of the death penalty. Even though this seems cruel according to human rights supporters, this needs to be a concern for all law enforcers so that they can carry out strict law enforcement against perpetrators of corruption crimes during the pandemic.

scholarly journals PELAKSANAAN HUKUMAN MATI DALAM PERSEPEKTIF HAK ASASI MANUSIA

2020 ◽  
Vol 1 (1) ◽  
pp. 76
Author(s):  
Heriyono Heriyono
Keyword(s):  
Law Enforcement ◽  
Death Penalty ◽  
Logical Consequence ◽  
Illegal Drugs ◽  
Indonesian Government ◽  
Historical Factors ◽  
History Of ◽  
Pros And Cons ◽  
Three Stages ◽  
The Government

In 2015 the Government of Indonesia carried out three stages of executions of 18 inmates, out of 18 convicted prisoners, only 4 inmates were Indonesian citizens, the rest were foreign nationals, this was what later made the execution of death executions by the Indonesian government in 2015 a global spotlight . For the Indonesian government, the execution of several people convicted of narcotics and illegal drugs is a logical consequence of the spirit of law enforcement in Indonesia. It is also evidence of the government's commitment in its fight against drugs. In Indonesia, violations and crimes against the misuse of narcotics and illegal drugs are high class crimes (extra ordinary crime) as well as terrorism. This article discusses how the history of the death penalty, then also about the existence of the implementation of the death penalty in the legal system in Indonesia, furthermore also about the debate and pros and cons of the implementation of the death penalty, and the last is about the implementation of the death penalty in the perspective of human rights relativeiseme. This arithmetic draws the conclusion that the development of the pendang way of carrying out the death penalty is strongly influenced by historical factors of the country concerned. In addition, natural factors (culture) and culture (culture) also influence the development of thought implementation and application of the death penalty.

scholarly journals MODEL PENYELESAIAN ALTERNATIF PERKARA PIDANA DALAM HUKUM ISLAM DAN RELEVANSINYA DENGAN PEMBAHARUAN HUKUM PIDANA INDONESIA

2018 ◽  
Vol 26 (1) ◽  
pp. 53
Author(s):  
Hambali Yusuf ◽  
Saifullah Basri
Keyword(s):  
Criminal Justice ◽  
Law Enforcement ◽  
Criminal Law ◽  
Islamic Law ◽  
The State ◽  
Private Law ◽  
Criminal Offence ◽  
Criminal Cases

Many criminal cases that are not resolved either at the level of appeal or cassation level is an indication that there are problems in law enforcement. Islamic Criminal Justice provides much alternative settlement of criminal cases by maintaining a balance of the interests of the victim, the community, the State and the offender. This research aims to analyze the model, explain the alternative settlement of criminal cases in the Islamic law; how setting the model settlement of criminal cases in the Islamic law can be used as a model settlement of criminal cases in the criminal law of Indonesia, to find a model settlement of criminal cases in the Islamic law of relevance to criminal law updates Indonesia.    This research got that setting jarimah qishas-diyat placed as a kind of private law as rights adami. Setting model jarimah-diyat can allow made a model in settlement of a criminal offence in the criminal law of Indonesia in line with developments in the modern criminal law sanctions governing sanctions fines or compensation for victims.  Setting model jarimah-diyat can allow made a model in settlement of a criminal offence in the criminal law of Indonesia in line with developments in the modern criminal law sanctions governing sanctions fines or compensation for victims.

scholarly journals Review Of Islamic Law To The Use Of Article 28 Subsection 2 About Speech Hatred And Defamation (UU Number 19 AT 2016 Amendments to UU Number 11 at 2018)

2019 ◽  
Vol 5 (2) ◽  
pp. 355-368
Author(s):  
Arbanur Rasyid
Keyword(s):  
Social Media ◽  
Human Rights ◽  
Criminal Law ◽  
Islamic Law ◽  
Hate Speech ◽  
State Institutions ◽  
History Of ◽  
The Media ◽  
The Law ◽  
The Many

Hate Speech  has recently become a warm conversation, not only in the media, but has begun to be discussed in scientific forums as a result of the many characters who are ensnared by hate speech due to making uploads in Social Media that is considered insulting to other people or state institutions by making a statement containing elements of hate speech in accordance with the criminal threat in Article 28 paragraph 2 of Law number 19 of 2016 amendment to law number 11 of 2008. Long before the law talks about hate speech, Islam through the Qur'an speaks a lot about how God denounces the actions of people who insult, berate, speak ill of others and make hoaxes, and Allah threatens sin for those who do it . Even in the history of Islam through the Prophet Muhammad had given a caning to people who make hoaxes, and the sentence in the Islamic criminal law is called Ta'zir, thus Islam is very careful and highly respects the human rights of a person including in protecting the soul and someone's honor

scholarly journals REKONSTRUKSI PEMIDANAAN DALAM HUKUM PIDANA ISLAM (PERSPEKTIF FILSAFAT HUKUM)

2014 ◽  
Vol 1 (2) ◽  
pp. 178
Author(s):  
Ahmad Syafiq
Keyword(s):  
Criminal Law ◽  
Islamic Law ◽  
Time History ◽  
Legal Philosophy ◽  
Human History ◽  
Space And Time ◽  
History Of ◽  
Theories Of Punishment ◽  
The Universe ◽  
Dimensions Of Space

Islamic Criminal Law is a living law in Indonesia, and that the Islamic Criminal Law be enacted or coloring in the criminal law in Indonesia, hence the need for a reconstruction against Islamic Criminal Law, especially in theories of punishment. Reconstruction of punishment in the Islamic Criminal Law in the perspective of legal philosophy can be done by doing the desecration (reinterpretation of the textual sources of law) Islamic Criminal Law and bring it in line with the flow of human history itself, rather than release it from the dimensions of space and time history of human civilization, to realize the goals of Islamic law is philosophically contained in maqasid al shariah ie benefit or blessing for the universe (rahmatan lil 'alamin).

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