scholarly journals Takzir as a Punishment in Islamic Criminal Law (Study of the Establishment of Punishment in Criminal Acts in Qanun)

2019 ◽  
Vol 1 (2) ◽  
pp. 100-108
Author(s):  
Usammah
Keyword(s):  
Law Enforcement ◽  
Criminal Law ◽  
Legal System ◽  
Social Life ◽  
State Power ◽  
Public Law ◽  
Nation State ◽  
Positive Law ◽  
Western Law ◽  
Law Making

Formalizing the Shari'a of Islam both in the realm of social and social life, in the state and nation are not infrequently debated, both socio-political and religious debates. The debate is in addition to understanding the teachings of religion and its relationship with the nation-state, as well as understanding the existing legal system within the country, especially that the country embraces a positive legal system that is more influenced by western law. The notion of enforcement of Islamic criminal law can not necessarily be carried out properly without any legislation and the establishment of a material Islamic criminal law as a positive law in force. Also, Islamic criminal law is a public law requiring state power both in law making and in law enforcement. In relation to the legislation and the formation of the law (qanun syariat Islam), the most interesting thing is how to determine the shape of the finger and its uqubat both belonging to the category of hudud, qisas and takzir as part of the Islamic Shari'a law enforcement system

scholarly journals Takzir sebagai Hukuman dalam Hukum Pidana Islam

2019 ◽  
Vol 21 (2) ◽  
pp. 255-272
Author(s):  
Usammah Usammah
Keyword(s):  
Law Enforcement ◽  
Criminal Law ◽  
Legal System ◽  
National Level ◽  
Public Law ◽  
Community Life ◽  
Positive Law ◽  
Sharia Law ◽  
Interesting Part ◽  
Western Law

Memformalisasikan syariat Islam baik dalam ranah kehidupan bermasyarakat dan sosial, dalam bernegara dan berbangsa tidak jarang terjadi perdebatan, baik perdebatan sosial-politik maupun keagamaan. Perdebatan itu di samping menyangkut memahami ajaran agama dan hubungannya dengan negara-bangsa, juga dalam memahami sistem hukum yang ada dalam negera, lebih-lebih bahwa negera menganut sistem hukum positif yang lebih banyak dipengaruhi oleh hukum barat. Gagasan pemberlakuan hukum pidana Islam tidak serta merta dapat dijalankan dengan baik tanpa adanya legislasi dan pembentukan hukum pidana Islam materil sebagai hukum positif yang berlaku. Juga bahwa hukum pidana Islam adalah hukum publik yang membutuhkan kekuasaan negara baik dalam pembentukannya maupun dalam penegakannya. Dalam hubungannya dengan legislasi dan pembentukan hukum (qanun syariat Islam), maka hal yang sangat menarik adalah bagaimana menentukan bentuk jarimah dan uqubatnya baik yang termasuk dalam kategori hudud, qisas, dan takzir sebagai bagian dari sistem penegakan hukum syariat Islam. Takzir as a Punishment in Islamic Criminal Law The formalizing of Islamic Sharia Law both in the realm of social and community life and also in the state and national level. This issue is frequently debatable, both in socio-political as well as in religious matter. The debate is not only about understanding religious teachings and their relationship with the nation, but also about understanding the legal system applicable in the country, especially the country which apply a positive legal system that influenced by western law. The idea of enforcing Islamic Criminal Law cannot be carried out properly without the existence of legislation and the establishment of Islamic Criminal Law as a positive law that enforced. In addition, Islamic Criminal Law is a public law that requires state power both in its formation and in its enforcement. In relation to legislation and the formation of law (Qanun Sharia), the very interesting part is how to determine the form of rahmah and uqubat both are included in the hudud, qisas and takzir categories as part of the Islamic Sharia law enforcement system.

CRIMINAL LEGAL MEANS OF PROVIDING HEALTH CARE DURING THE COVID-19 PANDEMIC

2020 ◽  
Vol 10 (6) ◽  
pp. 31-41
Author(s):  
DANILA ILIN ◽  
Keyword(s):  
Health Care ◽  
Law Enforcement ◽  
Health System ◽  
Russian Federation ◽  
Criminal Law ◽  
Social Life ◽  
Criminal Liability ◽  
General Description ◽  
Theoretical Approaches ◽  
The Russian Federation

The article presents the results of a study of the problems of criminal legal assessment of criminal attacks on the health care system during the COVID-19 pandemic. The social background of such crime and its criminological characteristics are studied. Given the fact that most of criminal law, aimed at preventing crime, reducing the capacity of the state in the fight against novel coronavirus infection treated in depth by the legal and regulatory framework is impeding the spread of the pandemic COVID-19, and analyzed Federal laws, decrees of the President of the Russian Federation, decisions and orders of the Government of the Russian Federation, orders of the Ministry of health of Russia and other state bodies governing the functioning of public authorities, medical institutions and organizations, the rights and obligations of citizens and legal entities, this includes measures for the prevention of this disease in various areas of social life that are additionally regulated during the COVID-19 pandemic. The task of optimizing the criminal law provision of health care during the COVID-19 pandemic is formulated, taking into account the actual situation with the spread of this infection and the practice of countering it. As part of this task, based on a critical analysis of existing approaches in the science of criminal law, we formulate our own concept of crimes that infringe on the health system during the COVID-19 pandemic, characterize the problem, study their legal and social nature, and systematize such crimes. On the basis of the obtained data, a General description of crimes that encroach on the health system during the COVID-19 pandemic is given, their criminal-legal features are considered, theoretical approaches to determining their essence are studied, and the author's position on this issue is formulated. The author's classification of crimes that hinder the provision of health care during the COVID-19 pandemic is given. Groups of such crimes are consistently considered. A General description of their objective and subjective characteristics is given. Proposals for improving the interpretation of the relevant criminal law norms in science and law enforcement practice have been developed, and suggestions for their improvement have been substantiated and formulated. The article is addressed not only to scientists and practitioners of law enforcement agencies, but also to doctors who often work in conditions of a lack of legal knowledge about their rights and obligations, the qualification of certain acts from the point of view of criminal law, the grounds and limits of criminal liability for those that constitute a crime, and algorithms for actions in case of detection of such acts.

scholarly journals TINDAK PIDANA TERORISME DARI PERSPEKTIF HUKUM PIDANA INTERNASIONAL

2017 ◽  
Vol 3 (1) ◽  
Author(s):  
Rahma Yanti
Keyword(s):  
Law Enforcement ◽  
Criminal Law ◽  
International Criminal ◽  
International Crime ◽  
Transnational Crime ◽  
Criminal Court ◽  
International Criminal Law ◽  
Positive Law ◽  
Sensitive Issue ◽  
International Conventions

Terrorism is one of transnational crime base on international conventions. One of national crime which consists of transnational aspects. Transnational crime convention only manage about how to run cooperation to eliminate national crime which across country borders. Terrorism hasn’t consider as International crime because there’s no unification about its definition. Terrorism still consider as a sensitive issue in each country related with rass, etnis, culture, religion, and geographical aspects. Terrorism law enforcement proses is each country positive law jurisdiction and not as International Criminal Court jurisdiction based on Rome Statuta.Keywords: Crime, Terrorism, International Criminal Law

scholarly journals MEDIATION EXISTENCE CRIMINAL PENAL SETTLEMENT

2018 ◽  
Vol 2 (1) ◽  
pp. 38
Author(s):  
Erma Rusdiana
Keyword(s):  
Law Enforcement ◽  
Criminal Law ◽  
Legal System ◽  
Low Cost ◽  
Equal Treatment ◽  
Judicial Process ◽  
The Public ◽  
The People ◽  
Religious Law ◽  
The One

Indonesian Constitution states that all people of Indonesia are entitled to equal treatment before the law as stated in Article 28 D, paragraph 1 of the 1945 Constitution, but they are not always easily access it. The principle of justice is simple, fast and low cost can’t be reached by most people. Currently, there is also a change and dynamics of complex societies and regulations in some legislation. It also has implications on the public nature of the criminal law has shifted its relative entered the private sphere with known and practiced penal<em> </em>mediation.<strong> </strong>Issues raised in this paper is the concept of criminal law enforcement based on the existence of pluralistic and penal mediation as an alternative solution-in the practice of the criminal settlement. Of the studies that have been done that the concept of legal pluralism is no longer emphasizes the dichotomy between the legal system of the state on the one hand with the legal system of the people folk law and religious law on the other side. That law enforcement-based pluralistic more emphasis on interaction and co-existence of the workings of the various legal systems that affect the operation of norms, processes and institutions in masyarakat.Polarisasi law and penal mediation mechanisms can do, as long as it is earnestly desired by all parties ( suspects and victims), as well as to reach a wider interest, namely the maintenance of social harmony. In summary penal mediation would have positive implications philosophically that achieved justice done fast, simple and inexpensive because the parties involved are relatively small compared through the judicial process with the components of the Criminal Justice System

scholarly journals Application of Military Law Against TNI Members Who Commit Desertion Crimes

2021 ◽  
Vol 5 (2) ◽  
pp. 115-129
Author(s):  
Aswin Nugraha Sailellah
Keyword(s):  
Law Enforcement ◽  
Criminal Law ◽  
Secondary Data ◽  
Primary Data ◽  
Legal Structure ◽  
Positive Law ◽  
Processing Data ◽  
Military Law ◽  
The Right ◽  
The Military

This study aims to: 1) To analyze the application of military criminal law against members of the TNI perpetrators of desertion crimes; 2) To analyze the constraints in the enforcement of miiliter criminal law against members of the TNI perpetrators of desertion crimes. This study uses normative-empirical legal research, while the data analysis used is qualitative approach to primary data and secondary data. where in analyzing / processing data first held organizing of primary data obtained through related legislation and literature. Then the collected data is then discussed, compiled, elaborated, and interpreted, and reviewed the problem so that a conclusion is obtained as a problem solving effort. The results showed that the application of military criminal law against members of the TNI who were proven to commit desertion crimes is the authority of the military judiciary to prosecute him, then the stages in the form of investigations conducted by the Military Police on the orders of the Superior Who Has the Right to Punish (Ankum). furthermore, the investigation file is given to the Military Oditur to be studied, then the military oditur makes an indictment to be delegated to the Military Judiciary, after the judiciary feels sufficient with the files of the Military Oditur, then the military judiciary will prosecute members of the military who are accused of desertion. Furthermore, constraints in law enforcement related to desertion crimes are reviewed from 4 interrelated aspects, namely with regard to legal subtansi, the legal structure itself, facilities or infrastructure, and the community. The settlement of cases in the military judiciary at this time has been well arranged, but it is expected that all who play a role in the process of resolving military cases do all these stages based on Justice and Positive Law. The application of existing regulations must be done consistently and always conducted a review of desertion cases so that from these obstacles can be found solutions and solutions to reduce the quantity of desertion crimes.

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 Legal discretion in criminal law: general theoretic and branch-wise aspects

2021 ◽  
Vol 108 ◽  
pp. 02015
Author(s):  
Aleksandr Aleksandrovich Nikitin
Keyword(s):  
Law Enforcement ◽  
Criminal Law ◽  
Integrated Approach ◽  
Criminal Prosecution ◽  
Legal Analysis ◽  
General Law ◽  
General Scientific ◽  
Adequate Evaluation ◽  
The Subject ◽  
Law Making

Pre-requisites: legal discretion in criminal law just as in other branches has only partially been a subject matter of legal analysis. Predominantly, a law-enforcement type of discretion was studied, which is implemented by law-enforcement authorities during criminal prosecution. However, modern surveys in the field of law theory consider discretion as a general law phenomenon including law-enforcement, law-making, and law-interpretation aspects. This suggests the need to study legal discretion in criminal law from new points of view. Moreover, one should also take into account a dual-aspect nature of legal discretion, e.g., a combination of characteristics of the subject implementing discretion and law-regulated relations where this takes place. The research objective is to define an opportunity of affecting subjects implementing individual types of legal discretion (law-enforcement, law-making, and law-interpretation) intended for optimization of the discretion level in criminal law. Methods: a combination of common, general scientific, specific scientific, and specific legal methods. First of all, the paper uses a systemic and functional approach. Results. Legal discretion in legal law is represented by law-enforcement, law-making, and law-interpretation discretion of respective subjects. These types of discretion are interdependent and indissolubly related. Currently, an integrated approach to studying these types of discretions in legal law is poorly discussed in literature. Meanwhile, only this approach allows for a systematic study of legal discretion limits (in general and for individual types) and for adequate evaluation of their efficiency in criminal law.

scholarly journals KENDALA DALAM PELAKSANAAN PENEGAKAN HUKUM TERHADAP PRAKTIK PARANORMAL SEBAGAI TINDAK PIDANA

2018 ◽  
Vol 1 (1) ◽  
pp. 1908
Author(s):  
Yusi Permatasi ◽  
Yuwono Prianto
Keyword(s):  
Law Enforcement ◽  
Criminal Law ◽  
Legal System ◽  
Legal Culture ◽  
Point Of View ◽  
Legal Structure ◽  
The Law

In Society, Paranormal practices is considered as common things. Paranormal Practices is used for any good and also for crime, so to cope with the activities, government had regulated the act to control the crime by using paranormal background. The paranormal practices have been included as criminal acts. It has regulated in article 545 and article 546 of the criminal law act and set on as supernatural powers activity. As time passes, there are constraint in the alleviation law it’s law enforcement. This research was done with empirical or law sociological point of view, where Lawrence M. Friedman state that the elements of the legal system consist of Legal Structure, Legal Substance, and Legal Culture. The result of this research is the paranormal practices are differentiate by it used which is good or bad. The bad paranormal practices cause loss for society. This gave rise to uncertainty of law enforcement on the paranormal practices, therefore it need a deep research which is not only from the law enforcement point of view, but also the religious and cultural represented by figure.

Das neue Widerstandsstrafrecht

2021 ◽  
Author(s):  
Yanik Bolender
Keyword(s):  
Law Enforcement ◽  
Criminal Law ◽  
State Power ◽  
Law Enforcement Officers ◽  
Criminal Code ◽  
Rescue Workers

Can resistance to state power continue to be punished less than general coercion? In 2017 the legislature passed the 52nd StÄG to improve the protection of law enforcement officers and rescue workers, which essentially changed Sections 113, 114, 115, 323c of the Criminal Code. From a criminal law perspective, this led to this and other controversial questions in the context of the interpretation of these amended standards. What they look like in detail and what effects they have is extensively examined in this work. In particular, the questions of how the preconditions for the offense are to be interpreted and how their relationship to one another and to other criminal norms is represented are particularly addressed.

PELUANG HUKUM PIDANA ISLAM DALAM PEMBENTUKAN HUKUM PIDANA NASIONAL DI INDONESIA

2018 ◽  
Vol 1 (4) ◽  
Author(s):  
Fitri Wahyuni
Keyword(s):  
Criminal Law ◽  
Legal System ◽  
Islamic Law ◽  
Civil Law ◽  
Legal Environment ◽  
Positive Law ◽  
National Legal System ◽  
The Future ◽  
Civil Laws ◽  
Islamic Civilization

Islamic law is prescribed by Allah SWT with the aim of realizing and realizing and protecting the benefit of humanity, both for the benefit of individuals, society or both. But Islamic criminal law is not understood correctly and deeply by society, even by the Islamic community itself. in the meantime, the position of Islamic law in the field of civilization has been broadly established in positive law, whether it is an element of influence, or as a modification of religious norms, which are formulated in civil laws and regulations, or which are covered by a substantial legal environment. Law No. 7 of 1989 concerning religious justice. Whereas Islamic criminal law has not yet gotten a place like the positive law of Islamic civilization. Whereas Islamic criminal law has the same opportunities as civil law in the national legal system based on three factors, namely philosophy, sociology and juridical. In addition to the three factors above, there are opportunities described in this study so that Islamic criminal law has the opportunity to establish national criminal law in the future  

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