EKSISTENSI SANKSI PIDANA PENJARA DALAM JARÎMAH TA’ZÎR

2019 ◽  
Vol 2 (2) ◽  
Author(s):  
Panji Adam
Keyword(s):  
Human Rights ◽  
Criminal Law ◽  
Legal System ◽  
Good Health ◽  
The Body ◽  
Criminal Sanction ◽  
Close Attention ◽  
Local Authorities ◽  
Public Benefit ◽  
Guide Line

ABSTRAK Secara struktural fiqh jinâyat diderivasi dari sumber hukum Islam, yaitu al-Quran dan hadis. Nash-nash (ayat-ayat) al-Qur’an dan hadis-hadis Nabi menjadi guide line dalam pengembangan wilayah kajian atau muatan fiqh jinâyat ini. Salah satu topik kajian dalam hukum pidana Islam adalah ta’zîr. Dan salah satu saknsi ta’zîr yang diperdebatkan oleh para ulama adalah sanksi pidana badan, yakni penjara. Hasil penelitian menunjukan bahwa pertama, ta’zîr ialah saknsi yang diberlakukan kepada pelaku jarîmah (tindak pidana) yang melakukan pelanggaran, baik berkaitan dengan hak Allah maupun hak manusia, dan tidak termasuk ke dalam kategori hukuman hudûd atau kafarat. Karena ta’zîr tidak ditentukan scara langsung oleh Al-Qur’an dan as-Sunnah, maka ini menjadi kompetensi penguasa setempat. Dalam memutuskan jenis dan ukuran sanksi ta’zîr, harus tetap memperhatikan petunjuk nash secara teliti karena menyangkut kemaslahatan umum. Kedua, eksistensi pidana penjara merupakan bagian intergral dari sistem hukum dalam Islam, oleh sebab itu, pidana penjara sudah sesuai dengan konsep ta’zîr yang sepenuhnya merupakan kebijakan penguasa (pemerintah) dan sudah pula sesuai dengan maqâshid al-syarî’ah, yaitu demi tetap terpeliharanya kemaslahatan dan menolak kerusakan. Kata Kunci: Penjara, Jarîmah dan Ta’zîr ABSTRAC Structurally jinâyat fiqh is derived from Islamic legal sources, namely the Koran and Hadith. Nash-nash (verses) al-Qur'an and the traditions of the Prophet became the guide line in the development of this jinâyat fiqh study area. One topic of study in Islamic criminal law is ta'zîr. And one of the functions of ta'zîr which is debated by the ulama is the criminal sanction of the body, namely prison. The results showed that first, ta'zîr was a function that was applied to perpetrators of jarīmah (criminal acts) who committed violations, both related to the rights of God and human rights, and did not fall into the category of hudûd or expiation. Since ta'zîr is not determined directly by the Qur'an and as-Sunnah, this becomes the competence of the local authorities. In deciding the type and size of ta'zîr sanctions, they must pay close attention to the text's instructions because it involves public benefit. Second, the existence of imprisonment is an integral part of the legal system in Islam, therefore, imprisonment is in accordance with the concept of ta'zîr which is fully the policy of the ruler (government) and is also in accordance with the maqâshid al-syarî'ah, namely for the sake of continuing maintain good health and resist damage. Keywords: Prison, Jarîmah and Ta'zîr  

scholarly journals VAJIKARANA (APHRODISIAC) – A REVIEW

2020 ◽  
Vol 8 (10) ◽  
pp. 4881-4884
Author(s):  
Manjula 1
Keyword(s):  
Human Body ◽  
Good Health ◽  
Physical Activities ◽  
Great Emphasis ◽  
The Body ◽  
Food Preparation ◽  
Close Attention ◽  
Healthy Man

Ayurveda is the Shastra (science) which places great emphasis on prevention and encourages the mainte-nance of health through close attention to balance one’s life. Dinacharya, Ritucharya, Sadvruta, Ra-sayana, and Vajikarana play an important role to maintain the good health. There are Seven Dhatus pre-sent in the body such as Rasa, Rakta, Mamsa, Meda, Asthi, Majja and Shukra. The seven Dhatus are re-sponsible for the sustaining and development of human body. Shukra is the last Dhatu produced in the body among all the Dhatus. A person who has healthy Shukra has a brightness of confidence, with eyes and skin that seen to radiate light Shukra Dhatus also confirms strength, wisdom and power of the body. Specific Aahara and Vihara has been described in text of Ayurveda. Among Vajikarana treatment many of the formulations are told in the form of medicines and in the form of food preparation which helps for preservation of sexual potency of a healthy man as well as treatment of defective semen, disturbed sexual potency. Vajikarana promotes the sexual capacity and physical activities.

scholarly journals Definition, Purpose and Types of Juvenile Criminal Sanctions in the Federation of Bosnia and Herzegovina / Pojam, svrha i vrste maloljetničkih krivičnih sankcija u Federaciji Bosne i Hercegovine

2015 ◽  
Vol 5 (5) ◽  
pp. 150
Author(s):  
Marina M. Simović ◽  
Vladimir M. Simović
Keyword(s):  
Bosnia And Herzegovina ◽  
Criminal Law ◽  
Legal System ◽  
General Purpose ◽  
Social Response ◽  
Criminal Sanction ◽  
Criminal Sanctions ◽  
Time Period

Juvenile sanctions are legally prescribed measures and proceedings of social response to juvenile perpetrators of criminal acts. The purpose of juvenile criminal sanctions is within the overall purpose of criminal sanctions. That represents preventive influence on others to respect legal system without committing criminal acts. It also means preventing perpetrators to commit another criminal act and encouraging its upbringing. In essence, general purpose of juvenile criminal sanctions is to fight all types, forms and aspects of crime through special and general prevention. When pronouncing these sanctions court cannot know nor predict how the process of education, discipline and therapy will develop. It also cannot know what time period will be necessary to realize the purpose of its pronouncement. Every adolescent is an individual for itself therefore has a different reaction to pronounced sanction. Interest i.e. wellbeing of an adolescent always comes first when deciding on criminal sanction. The Juvenile Criminal Law in Bosnia and Herzegovina prescribes three basic types of juvenile criminal sanctions. In essence, they are not of repressive character. Basically, the only juvenile criminal sanction of repressive character in the true sense of the word is juvenile imprisonment (detention).

The International Human Rights Legal System

2013 ◽  
Author(s):  
Emilie M. Hafner-Burton
Keyword(s):  
Human Rights ◽  
Criminal Law ◽  
Legal System ◽  
International Agreements ◽  
International Human Rights ◽  
Cultural Rights ◽  
Human Rights Council ◽  
System P ◽  
High Commissioner ◽  
International Human

This chapter provides an overview of the most important nuts and bolts of the international human rights legal system, which generally resides within the structures of the United Nations. It first considers the most prominent international agreements that comprise the International Bill of Human Rights and their two treaty oversight bodies, the Human Rights Committee and the Committee on Economic, Social, and Cultural Rights. It then examines other human rights laws and treaties, along with the functions of the UN Office of the High Commissioner for Human Rights and the Human Rights Council. It also looks at universal criminal law and tribunals, regional human rights laws and institutions, and the human rights legal systems in Europe, the Americas, Africa, the Islamic world and Asia. The chapter concludes by explaining why the international law on human rights has been so popular and how the international human rights legal system works.

scholarly journals Chemical Castration as an Action Sanctions in Legal Perspectives and Bioethics

2020 ◽  
Vol 5 (2) ◽  
pp. 194
Author(s):  
Syaefudin Ali Akhmad ◽  
Zairin Harahap ◽  
Syarwani ◽  
Faris Velayati ◽  
Rohai Widati ◽  
...  
Keyword(s):  
Human Rights ◽  
Criminal Law ◽  
Child Protection ◽  
Medical Doctor ◽  
The Body ◽  
Human Rights Law ◽  
Chemical Castration ◽  
Analytical Research ◽  
Negative Side Effects ◽  
The Right

Background: The application of chemical castration sanctions is a form of solution issued by the Indonesia Government through the Law No. 17 of 2016 regarding Child Protection on the rampant cases of child sexual abuse. However, the imposition of sanctions is considered still many shortages in it. Starting from the element of uncertainty period of implementation, the negative side effects on the body, to the procedure and technical implementation of the castration actions contained in the article.Objective: The objective of this research is known as Chemical Castration Actions of sexual violence in the review of the perspective of the enforcement law, criminal law, human rights and bioethics.Methods: The authors useds qualitative research methods with descriptive and analytical research. The sources of data are based on the information contained in the literatures bibliography and based on the interviews result.Results: The result of this study shows that chemical castration from a criminal law perspective cannot be categorized as an action sanction. From the perspective of human rights law, the right to be free from condescending punishment is an absolute right which cannot be limited at all. In the bioethics perspective, chemical castration has violated the four principles of medical ethics/bioethics.Conclusion: Chemical castration cannot be claimedaction sanction of law because it violates theprinciples of bioethics whichin resulthumiliates the dignity of medical doctor profession.International Journal of Human and Health Sciences Vol. 05 No. 02 April’21 Page: 194-201

scholarly journals Pembunuhan Dengan Mutilasi Menurut Kitab Undang-Undang Hukum Pidana Dan Hukum Pidana Islam

2016 ◽  
Vol 2 (1) ◽  
pp. 104-127
Author(s):  
Adam Suhartono
Keyword(s):  
Death Penalty ◽  
Criminal Law ◽  
Criminal Code ◽  
The Body ◽  
Criminal Sanction ◽  
Legal Basis

Abstract: This article discusses the crime of murder with mutilation according to the Criminal Code and the Islamic Criminal Law. Murder with mutilation murder is committed by the purpose to destroy evidence. Article which is often used as a legal basis for the criminal murder with mutilation is Article 340 of the Criminal Code with a maximum penalty of death which is sometime as an alternative to imprisonment. While in the Islamic criminal law, sanction for deliberate murder is qishâsh. Murder with mutilation is a deliberated and planned murder coupled with sadism of the perpetrator (in this case is by cutting up the body of victim into some parts). Criminal sanction of qishâsh or death penalty is worthly imposed for the crime of murder with mutilation. this severe criminal sanction is expected that the crime of murder with mutilation is no longer seen as a simple murder. Keywords: Murder, mutilation, criminal code, Islamic criminal law.                                  Abstrak: Artikel ini membahas tentang tindak pidana pembunuhan dengan cara mutilasi menurut KUHP dan hukum pidana Islam. Pembunuhan dengan mutilasi adalah pembunuhan yang diikuti dengan memotong-motong tubuh korban hingga menjadi beberapa bagian yang dilakukan dengan tujuan untuk menghilangkan bukti. Pasal yang sering dijadikan sebagai dasar hukum pelaku tindak pidana pembunuhan secara mutilasi adalah Pasal 340 KUHP dengan sanksi maksimal hukuman mati, yang terkadang hanya merupakan alternatif dari hukuman penjara. Sedangkan dalam hukum pidana Islam sanksi yang dijatuhkan bagi pembunuhan sengaja adalah qishash. Pembunuhan secara mutilasi itu merupakan pembunuhan yang disengaja dan direncanakan ditambah dengan unsur kesadisan dari pelaku dalam menganiaya mayat korban (dalam hal ini memotong-motong mayat korban). Sanksi pidana qishash atau hukuman mati layak dijatuhkan kepada pelaku tindak pidana pembunuhan secara mutilasi, dengan adanya sanksi pidana yang berat maka diharapkan kasus tindak pidana pembunuhan secara mutilasi ini tidak lagi dipandang sebagai pembunuhan biasa. Kata kunci: Pembunuhan, mutilasi, KUHP, hukum pidana Islam.

scholarly journals KEBERADAAN PIDANA MATI DALAM KITAB UNDANG-UNDANG HUKUM PIDANA (KUHP)

2020 ◽  
Vol 6 (1) ◽  
pp. 104
Author(s):  
Ni Komang Ratih Kumala Dewi
Keyword(s):  
Human Rights ◽  
Death Penalty ◽  
Criminal Law ◽  
Legal System ◽  
Capital Punishment ◽  
Criminal Code ◽  
Deterrent Effect ◽  
Human Rights Violations ◽  
Right To Life ◽  
The Right

Capital punishment is the heaviest crime and difficult to apply in a country of law considering the death penalty is one of the acts of human rights violations, but to make someone discourage of committing a crime there needs to be rules or penalties that can provide a deterrent effect and provide security for the community from all form of crime. The purpose of writing is directed to find out the regulation of the Death Penalty in the Criminal Law Code which is stipulated in several articles in the Criminal Code and the existence of capital punishment in the legal system in Indonesia in terms of human rights perspective, which of course would be contrary to human rights, especially the right to life, however capital punishment is also needed as an effort to prevent the occurrence of crimes, especially those classified as serious

scholarly journals An Analysis of The Imposition of Criminal Sanction to COVID-19 Vaccination Objectors Through the Lens of Criminal Law and Qiyas Shafi’i Mazhab in Indonesia

2022 ◽  
Vol 20 (1) ◽  
Author(s):  
Zaki Priambudi ◽  
Sendy Pratama ◽  
Ramdhan Prawira Mulya Iskandar ◽  
Namira Hilda Papuani ◽  
Natasha Intania Sabila
Keyword(s):  
Human Rights ◽  
Law Enforcement ◽  
Criminal Law ◽  
Health Needs ◽  
Public Order ◽  
Criminal Sanction ◽  
Legal Research ◽  
Criminal Sanctions ◽  
Common Interests ◽  
Individual Human

<table width="595" border="0" cellspacing="0" cellpadding="0"><tbody><tr><td valign="top" width="387"><p><em>This article aims to answer whether vaccination is a right or an obligation and how criminal law and Qiyas Shafi’i Mazhab views the basic provisions of criminal law against vaccination objectors. By combining doctrinal and socio-legal research method, this article concludes that vaccination is an obligation because a person's personal right to choose health services, especially COVID-19 vaccination has turned into a public right. Vaccination is the government's obligation to protect public health as part of meeting health needs, following the mandate of the constitution and human rights. According to the relative punishment theory, the application of criminal sanctions is an effort made to maintain public order and peace of society, not as a means of repaying the perpetrator's mistakes. Thus, the sanctions imposed on the perpetrator are solely to provide fear so that they do not repeat their actions and other people do not follow them. There are three main objectives of relative theory, namely prevention, prevention, and reform. Whereas Qiyas Shafi'i Mazhab puts forward the application of qiyas as a justification for imposing criminal sanctions against vaccination objectors. Because a person is prohibited from doing something that endangers himself and others, punishment according to the Qiyas Shafi'i Mazhab can be applied. There are similarities between criminal law and Qiyas Shafi'i Mazhab to a view of the obligation to vaccinate, that is, both allow the reduction of individual human rights for the sake of common interests. Ultimately, this article recommends the need to regulate the handling of COVID-19 vaccination objectors through act so that vaccination and law enforcement can run comprehensively, not partially </em></p></td></tr></tbody></table>

PROBLEM ASPECTS OF CONSTITUTIONALITY AND APPLICATION OF ART. 375 OF THE CRIMINAL CODE OF UKRAINE

2018 ◽  
Author(s):  
Hryhoriy Krainyk ◽  
◽  
Vitaliy Perzhul ◽  
Oleksandr Hailiunas ◽  
◽  
...  
Keyword(s):  
Rule Of Law ◽  
Criminal Law ◽  
Legal System ◽  
Criminal Code ◽  
The Body ◽  
Constitutional Court ◽  
The Rule Of Law ◽  
European Court ◽  
Special Part ◽  
Principles And Standards

This article is devoted to the analysis of positions of the article 375 of Criminal Code of Ukraine, which recently kept the action, while Constitutional Court of Ukraine did not make decision about it’s unconstitutionality. In work we analyzed the Constitutional Court’s decisions and practice, analyzed possible options for criminalization and decriminalization in Ukrainian criminal law. The practice of legal application about article 375 of the Criminal Code of Ukraine, exactly, the rendering by a judge of a knowingly unjust decision. The focus is on the fact that the courts are deciding these cases, in some aspects, they understand the scope of the named norm of criminal law differently, which leads to different enforcement. In this regard, we investigated diametrically opposed positions of reputable scientists regarding this norm and possible options of its new edition. Authorities also disagree with the separate opinion of the judges of the Constitutional Court of Ukraine, in regard to contradictions of the constitutional norms, which regulate the process of adopting laws to declare them unconstitutional, and the legal force of such decisions. The practice of the European Court of Human Rights is also an important part of the work, which has repeatedly noted a similar problem in the legal system of Ukraine. Therefore, apart from the constitutionality of the norm of rendering a court decision in an inappropriate manner, the work of the authors includes an important discussion of the systemic gap that exists in the context of the process of adoption and/or rejection of the law. It should also be noted that the court practice regarding article 375 of the Criminal Code of Ukraine is quite varied, which today does not make it possible to form some unified and uncontroversial approaches asto whatrole the existence of the Criminal Code's article on a judge's rendering of an unjust decision in the relevant version has had for some time. Summarizing the main points, we believe that the legislator should avoid ambiguous and controversial formulations in the disposition of the articles of the Special Part of the Criminal Code of Ukraine in future. For an effective solution of this problem there is a project, which is currently being worked on and which is called to impose liability for rendering an invalid verdict, but to do it in those kind of form, so that the body of constitutional jurisdiction would not have any claims against it in the context of unconstitutionality. Exactly this legal balance will allow us to speak about the closeness to the sphere of criminal law to the principles and standards of the rule of law, that are inherent in most states with a developed legal system.

Glucose Calibration Modeling in Blood with Spline Regression Approaching to Non-Invasive Tools

2018 ◽  
pp. 144-149
Author(s):  
Ria Hayatun Nur ◽  
Indahwati A ◽  
Erfiani A
Keyword(s):  
Diabetes Mellitus ◽  
Linear Regression ◽  
Good Health ◽  
Cubic Spline ◽  
The Body ◽  
Spline Regression ◽  
Linear Quadratic ◽  
Important Thing ◽  
Non Invasive

In this globalization era, health is the most important thing to be able to run various activities. Without good health, this will hinder many activities. Diabetes mellitus is one of the diseases caused by unhealty lifestyle.There are many treatments that can be done to prevent the occurrence of diabetes. The treatments are giving the insulin and also checking the glucose rate to the patients.Checking the glucose rate needs the tools which is safety to the body. This research want to develop non invasive tool which is safety and do not injure the patient. The purpose of this research is also finding the best model which derived from Linear, Quadratic, and Cubic Spline Regression. Some respondents were taking to get the glucose measuring by invasive and non invasive tools. It could be seen clearly that Spline Linear Regression was the best model than Quadratic and Cubic Spline Regression. It had 70% and 33.939 for R2 and RMSEP respectively.

PERSEFEKTIF IN HUMAN TRAFFICKING CRIME LAW NUMBER 39 OF 1999 ON HUMAN RIGHTS CASE AGAINST CHILD TRAFFICKING IN MEDAN

2020 ◽  
Vol 2 (1) ◽  
pp. 46-51
Author(s):  
Ida Monika Putu Ayu Dewi
Keyword(s):  
Human Rights ◽  
Human Trafficking ◽  
Criminal Law ◽  
Sexual Exploitation ◽  
Trafficking In Persons ◽  
The People ◽  
Public Company ◽  
Legal Sanctions ◽  
Women And Children ◽  
Human Rights Violation

Laws are the norms that govern all human actions that can be done and should not be carried out both written and unwritten and have sanctions, so that the entry into force of these rules can be forced or coercive and binding for all the people of Indonesia. The most obvious form of manifestation of legal sanctions appear in criminal law. In criminal law there are various forms of crimes and violations, one of the crimes listed in the criminal law, namely the crime of Human Trafficking is often perpetrated against women and children. Human Trafficking is any act of trafficking offenders that contains one or more acts, the recruitment, transportation between regions and countries, alienation, departure, reception. With the threat of the use of verbal and physical abuse, abduction, fraud, deception, abuse of a position of vulnerability, example when a person has no other choice, isolated, drug dependence, forest traps, and others, giving or receiving of payments or benefits women and children used for the purpose of prostitution and sexual exploitation. These crimes often involving women and children into slavery. Trafficking in persons is a modern form of human slavery and is one of the worst forms of violation of human dignity (Public Company Act No. 21 of 2007, on the Eradication of Trafficking in Persons). Crime human trafficking crime has been agreed by the international community as a form of human rights violation.  

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