scholarly journals Aspek Penegakan Hukum Terhadap Kejahatan Fintech Syariah Pada Masa Pandemi di Indonesia: Perspektif Hukum Jinayah

JUSTISI ◽  
2022 ◽  
Vol 8 (1) ◽  
pp. 15
Author(s):  
Sri Wahyu Ningsih ◽  
Winda Fitri
Keyword(s):  
Law Enforcement ◽  
Qualitative Analysis ◽  
Dispute Resolution ◽  
Research Method ◽  
Human Life ◽  
Business Owners ◽  
Legal Research ◽  
The World ◽  
The Times ◽  
Existing Data

With the development of the times, fintech companies in Indonesia are increasingly popular and are also increasingly sought after by many people. One of the developments in fintech is the emergence of Sharia fintech. This study aims to analyze fintech crimes that occur from the perspective of jinayah law and to analyze relevant dispute resolution for fintech crimes from the perspective of jinayah law. In this study, the author uses a normative legal research method that uses qualitative analysis, namely by explaining the existing data with words or statements not with numbers. Sharia fintech has a difference with conventional fintech, namely sharia fintech is carried out in the contract process between business owners and investors. The emergence of sharia fintech provides convenience for the community to carry out a credit process using sharia principles and principles. But there is also a negative side, namely sharia fintech crimes such as fraud, fraud. Based on the results of the study, it shows that this sharia fintech crime when viewed from the perspective of jinayah law is included in the ta'zir crime, which if there is a violation the law enforcement is in accordance with the existing legislation in the fairest manner and carried out indiscriminately and discipline that actually carries out sanki ta'zir for sharia fintech crimes, which in essence contain benefits for human life both in the world and in the hereafter.

scholarly journals MERINTANGI PENGUBURAN JENAZAH COVID-19 DITINJAU BERDASARKAN PASAL 178 KITAB UNDANG-UNDANG HUKUM PIDANA

LEGALITAS ◽  
2021 ◽  
Vol 5 (2) ◽  
pp. 104
Author(s):  
Muhammad Rezky Rinaldy Dan Syamsudin
Keyword(s):  
Law Enforcement ◽  
Research Method ◽  
Criminal Code ◽  
The Body ◽  
Legal Research ◽  
Corona Virus ◽  
The World ◽  
Law Enforcement Officials ◽  
The Impact

Indonesia and even the world now feel the impact of the Corona virus outbreak (covid-19), in connection with it hindering the burial of the bodies of victims who died. The phenomenon of corpse rejection of corona virus patients (covid-19) continues to occur in various regions. In fact, the body must be buried immediately no later than 4 hours after being declared dead. The main reason people are reluctant to accept the bodies of patients co-19 because of fear of contracting. While the medical ensure that the body will not transmit the virus. The body in the coffin has been wrapped and declared sterile. The type of research used in this study is the type of normative legal research, which is a legal research method that uses a statutory approachThe results of the study showed that obstructing officers who will carry out official burials could indeed be convicted. Law enforcement officials can use Article 178 of the Criminal Code. not a complaint offense. Law enforcement officials can immediately take action without anyone complaining. "If the incident fulfills the elements contained in Article 178 of the Criminal Code, the perpetrators can be charged. However, it must look at intentions and actions as a condition for imposing a crime on someone.

scholarly journals Eksistensi Perjanjian Ditengah Pandemi Covid-19

2020 ◽  
Vol 1 (1) ◽  
pp. 33
Author(s):  
Kunarso Kunarso ◽  
A Djoko Sumaryanto
Keyword(s):  
Research Method ◽  
Virus Disease ◽  
Human Life ◽  
Large Population ◽  
The State ◽  
Legal Research ◽  
Conceptual Approach ◽  
Corona Virus ◽  
Force Majeure ◽  
The World

Corona Virus Disease-19 (COVID-19) has a significant impact on all aspects of human life in the world, especially in Indonesia which is very large in area and has a large population (around 267 million people) with different kinds of professions. The purpose of this study is to focus on civil matters, with more emphasis on the problem of agreements that are influenced by Covid-19. The normative legal research method uses a statutory approach, and a conceptual approach to force majeure and describes an analysis (analytical descriptive). The results showed that the agreement in the state of the Covid-19 outbreak greatly influenced the implementation of the agreement set and agreed upon by the parties, because the agreement binds the parties, so the parties are subject to the contents of the agreement.

scholarly journals Koordinasi Wewenang Komisi Pemberantasan Korupsi (KPK) dengan Penegak Hukum Lainnya dalam Melakukan Penyidikan Tindak Pidana Korupsi

2021 ◽  
Vol 2 (1) ◽  
pp. 119-124
Author(s):  
Ni Putu Gita Loka Chindiyana Dewi ◽  
I Nyoman Sujana ◽  
Luh Putu Suryani
Keyword(s):  
Law Enforcement ◽  
Research Method ◽  
Legal Research ◽  
Law Enforcement Agencies ◽  
Implementation Approach ◽  
The World ◽  
The Government ◽  
The Relationship ◽  
Crime Of Corruption

Corruption is a problem in the economy of every nation in the world, whether in Government or private environments. With the promulgation of Act No. 31 of the year 1999 Jo Act No. 20 year 2001. The Government in the year 2002 through Law – Law Number 30 year 2002 about corruption eradication Commission formed corruption eradication Commission (KPK) which is a specialized agency in dealing with the special corruption. At issue is how the authorities of the corruption eradication Commission (KPK) in conducting the investigation, the crime of corruption? And how coordination between the corruption eradication Commission (KPK) and other law enforcement agencies in conducting the investigation, the crime of corruption? The study used is the normative legal research i.e. research examines law is a law written from various aspects, but does not examine aspects of applied or implementation. Approach this research method by means of reviewing all laws, understanding the hierarchy of principles and legislation. The conclusion in May of this research is that in regards to the investigation of criminal acts of corruption, the corruption eradication Commission (KPK) has authority that is doing the coordination and supervision that can perform the takeover against investigation or the prosecution conducted by the Police and the Prosecutor's Office. But in the relationship between the coordination with other law enforcement agencies KPK still haven't made good cooperation.

scholarly journals Peran Badan Penyelesaian Sengketa Konsumen (BPSK) dalam Penyelesaian Sengketa Konsumen (Studi Kasus : Putusan BPSK Badung No.01/AP/BPSK/IV/2016)

2020 ◽  
Vol 1 (2) ◽  
pp. 28-32
Author(s):  
Arianto Hulu ◽  
A.A. Laksmi Sagung Dewi Ni ◽  
Made Sukaryati Karma
Keyword(s):  
Dispute Resolution ◽  
Consumer Protection ◽  
Research Method ◽  
Legal Protection ◽  
Legal Research ◽  
The World ◽  
Alternative Means ◽  
The Republic

Indonesia, with the fourth largest population in the world, is a large market share for business actors. However, this potential is not free from negative things where business actors often only make consumers the object of their business activities without paying attention to the quality of the products being marketed so that consumers suffer losses. Responding to this phenomenon, the Consumer Dispute Resolution Agency (BPSK) was formed as an alternative means of dispute resolution between Buyers and Sellers with the aim of resolving disputes between the two parties in an effective and efficient non-litigation manner. This organization is not systemic but has the function of resolving conflicts that occur between producers and buyers on a non-litigation basis. This research was conducted with the aim of describing the forms of consumer legal protection for business actors and the role of BPSK in resolving consumer disputes. The research method used in this paper was a normative legal research method. This research showed that consumer legal protection for business actors is regulated in article 1 number 3 Law No. 8 of 1999 regarding consumer protection which states that a business actor is an entire person or individual or a business entity based on law or not and the place to carry out these activities in the territory of the Republic of Indonesia. In addition, BPSK has a role in carrying out the process and resolving consumer conflicts through mediation, arbitration or conciliation with opportunities ranging from consumer protection consultations, supervision in the application of agreements, making reports to investigators if there are indications of legal violations, receiving complaints, conducting studies and analysis of conflicts that occurred, summoning the parties, witnesses and any individual who is aware of an incident of law violation.

scholarly journals PERJANJIAN EKSTRADISI DALAM PENEGAKAN HUKUM TINDAK PIDANA KORUPSI DI INDONESIA

Yustitia ◽  
2020 ◽  
Vol 6 (2) ◽  
pp. 180-200
Author(s):  
Nabella Rona Sahati ◽  
Kodrat Alam
Keyword(s):  
Law Enforcement ◽  
International Law ◽  
Research Method ◽  
Diplomatic Relations ◽  
Legal Research ◽  
Legal Norms ◽  
The World ◽  
National Jurisdiction ◽  
Analytical Research ◽  
The Law

Extradition Agreeament (treaty) provides facilities for countries that have an agreement, where the agreement is to act against, arrest and prosecute criminals in a country who have fled to another country outside national jurisdiction. The presence of the perpetrator in another country is to avoid attempts to arrest him in connection with the crime he has committed in the country of origin. So by running out of the country, this means that there are other countries whose interests are harmed because they cannot arrest the perpetrator, in which the perpetrator has committed a violation of the law based on the location where the crime was committed (locus delicti). One of them is that the criminal case of corruption is considered a threat of extraordinary crime that harms all people in the world, in upholding the law of corruption in which the perpetrator has fled abroad so that he feels safe and free from a crime he has committed. So extradition is very necessary for the perpetrators of corruption who have fled to other countries. From the background that has been explained, the following problems can be made inventory, namely 1) what is the position of the extradition agreement in international law related to criminal acts of corruption and 2) how is the implementation of extradition agreements against perpetrators of corruption in Indonesia. This study uses a normative juridical research method, namely legal research that refers to legal norms contained in statutory regulations with descriptive analytical research specifications with the aim of obtaining an overview of the application of extradition agreements to perpetrators of corruption in Indonesia based on Law Number 1 of 1979 of Extradition. The results in this research have shown that indeed there have been regulations regarding extradition treaties but it has been long enough and it is necessary to have regulatory reforms according to existing needs, furthermore it is necessary to improve diplomatic relations because law enforcement of criminal acts of corruption which involves cooperation between two countries is not only achieved through extradition treaties, but also good diplomatic relations.

scholarly journals Tindak Pidana yang Dilakukan Pengungsi Internasional di Indonesia

2019 ◽  
Vol 21 (1) ◽  
pp. 145-158
Author(s):  
Ida Tutia Rakhmi ◽  
Mujibussalim Mujibussalim ◽  
Mahfud Mahfud
Keyword(s):  
Law Enforcement ◽  
Dispute Resolution ◽  
Research Methods ◽  
Research Method ◽  
Main Issue ◽  
Customary Law ◽  
Legal Research ◽  
The Status ◽  
Enforcement Mechanisms ◽  
In Transit

Indonesia tidak meratifikasi Konvensi 1951 beserta Protokol 1967 tentang Pengungsi. Konvensi 1951 dan Protokol 1967 juga tidak dijelaskan secara spesifik, mekanisme penegakan hukum terhadap pengungsi yang melakukan tindakan kriminalitas di negara transit. Pokok permasalahan artikel ini adalah aturan hukum dan metode penyelesaian terhadap tindak pidana yang dilakukan oleh pengungsi Internasional di Indonesia, dan untuk mengetahui aturan hukum dan metode penyelesaian terhadap tindak pidana yang dilakukan oleh pengungsi Internasional di Indonesia. Jenis metode penelitian yang digunakan dalam penelitian ini adalah yuridis normatif. Hasil penelitian menunjukkan bahwa aturan hukum dilandaskan pada teori kedaulatan dan juga yurisdiksi negara ketika memproses kasus pidana yang dilakukan pengungsi internasional, seperti yang disebutkan Pasal 2 Konvensi 1951, karena Indonesia sebagai anggota komunitas masyarakat internasional dan juga anggota PBB terikat dengan International Customary Law, yaitu prinsip non-refoulement. Penyelesaian kasus diselesaikan melalui jalur nonlitigasi, yaitu dengan cara penyelesaian sengketa di luar pengadilan. Criminal Actions was Conducted by Internasional Refugees in Indonesia Indonesia does not ratify the 1951 Refugee Convention and  Protocol 1967 Relating to The Status of Refugees. The 1951 Convention and the 1967 Protocol also not define specifically about law enforcement mechanisms against refugees who commit crimes in transit countries. Based on the above description, the main issue is what is the regulation and the method of arrangement to criminal acts who committed by refugees in Indonesia This study aims to find out and explain the regulation to criminal acts who committed by refugees in Indonesia. The research methods in this study were the juridical normative legal research method. The results of the research was based on the theory of sovereignty and the jurisdiction of the state and the non-refoulement and Article 2 Convention of the refugees. The settlement of cases in the Indonesian jurisdiction will conducted through the nonlitigation path, the way out-of-court dispute resolution.

Dakwah Melalui Pengajian Pasaran Kitab al-Hikam di Pondok Pesantren Azzainiyyah Sukabumi

2020 ◽  
Vol 5 (3) ◽  
pp. 227-248
Author(s):  
Asep Saepul Malik
Keyword(s):  
Data Collection ◽  
Research Method ◽  
Human Life ◽  
Boarding School ◽  
Teaching Material ◽  
Actual Situation ◽  
Book Market ◽  
Interview Techniques ◽  
The World

Kegiatan dakwah ialah suatu aktivitas yang mendorong umat manusia untuk memperkuat keyakinannya kepada Allah SWT dan agar umat yang belum memeluk ajaran Islam juga dapat memeluk ajaran agama Islam dengan menggunakan cara yang bijaksana melalui materi ajaran syariat Islam, supaya mereka mendapatkan kebahagiaan di dunia dan di akhirat. Pengajian pasaran kitab al-Hikam ialah suatu kegiatan dakwah yang di pimpin langsung oleh sesepuh pondok pesantren azzayniyyah ialah KH. Aang Abdullah Zein. Pengajian kitab al-Hikam ini di dalamnya membahas tentang permasalahan kehidupan manusia seperti masalah hati (qolbu), akhlak, iman, dan Islam. Tujuan dari penelitian ini ialah untuk mengetahui penyampayan dakwah melalui pengajian pasaran kitab al-Hikam di pondok pesantren azzayniyyah dan untuk mengetahui pesan-pesan dakwah yang ada di dalam kitab al-Hikam. Landasan teori yang digunakan ialah teori M. Munir tentang dakwah bil-Lisan al-Hal. Metode penelitian ini menggunakan deskriptif, ialah dengan menggambarkan keadaan sebenarnya melalui pengumpulan data yang dilakukan dengan menggunakan teknik wawancara, dokumentasi, dan kepustakaan. Hasil penelitian ini menunjukan bahwa dakwah melalui pengajian pasaran kitab al-Hikam yang di lakukan oleh KH. Aang Abdullah Zein di anggap cukup berhasil, karena jamaah memberikan respon yang baik atau positif dan jamaah yang hadir setiap bulan slalu meningkat atau lebih banyak.Da'wah activity is an activity that encourages mankind to strengthen his belief in Allah SWT and so that people who have not embraced the teachings of Islam can also embrace the teachings of Islam by using a wise way through Islamic teaching material, so that they get happiness in the world and the hereafter. Study of the market of the book al-Hikam is a missionary activity led directly by the azzayniyyah boarding school elders is KH. Aang Abdullah Zein. This study of al-Hikam in it discusses the problems of human life such as the problem of the heart (qolbu), morals, faith, and Islam.  Thep of this study is to determine the delivery of da'wah through the study of the market of the book al-Hikam in azzayniyyah boarding school and to find out the messages of da'wah in the book of al-Hikam. The cornerstone of the theory used is M. Munir's theory about the da'wah bil-Lisan al-Hal. This research method uses descriptive, is to describe the actual situation through data collection conducted using interview techniques, documentation, and literature. The results of this study indicate that preaching through the study of the book market al-Hikam conducted by KH. Aang Abdullah Zein was considered quite successful, because worshipers gave good or positive responses and worshipers who were present every month always increased or more.

The Law Enforcement Weakness of Songs and Musics Copyright Crimes

2021 ◽  
Vol 3 (1) ◽  
pp. 139-154
Author(s):  
Edi Tuahta Putra Saragih ◽  
Muhammad Citra Ramadhan ◽  
Isnaini Isnaini
Keyword(s):  
Law Enforcement ◽  
Research Method ◽  
Copyright Infringement ◽  
Copyright Law ◽  
Cultural Factor ◽  
Legal Research ◽  
The Real ◽  
The Law ◽  
Real Picture

This research aimed to: (a) obtain the forms of copyright infringement of songs and/or music (with or without lyrics); (b) understand the role of the police, in this case the Police Precinct, in the law enforcement; (c) identify the factors that influenced the law enforcement. The research method used the normative-empirical legal research, with the initial stages of specifying norms in order to get the proper picture, and then specifying empirical events in order to get the real picture. The research results showed several matters: 1) The forms of copyright infringement of songs and/or music (with or without lyrics) found included: the distribution of the works or the copies, the performances of the works, and the announcements of the works; 2) Police Precinct did notultimately carry out their role as a law enforcer for the copyright infringement of songs and/or music (with or without lyrics); and 3) The factors that influenced the law enforcement on the copyright infringement of songs and/or music (with or without lyrics), namely: legislation factor, in the matter of complaint offenses; law enforcement factor, in terms of the capacity of members; less supportive factor of facilities and infrastructure; legal awareness factor, in the problem of the lack of legal counseling; and cultural factor, related to the differences in norms in the copyright law between those in society and those in regulations. 

scholarly journals Konsepsi Hukum Progresif dalam Pengaturan Tindak Pidana Korupsi di Indonesia

2020 ◽  
Vol 1 (2) ◽  
pp. 35-39
Author(s):  
Efraim Mbomba Reda ◽  
I Nyoman Putu Budiartha ◽  
I Made Minggu Widyantara
Keyword(s):  
Law Enforcement ◽  
Criminal Law ◽  
Role Models ◽  
Research Method ◽  
Criminal Code ◽  
Legal Positivism ◽  
Sociology Of Law ◽  
Legal Certainty ◽  
Legal Research ◽  
Descriptive Method

Progressive law puts forward the sociology of law rather than legal certainty which is the focus of legal positivism. In Indonesia, this law was coined by Satjipto Rahardjo. This study aims to determine the formulation of progressive law in future criminal law, and to determine the actualization of the concept of progressive law in regulating corruption in Indonesia. The research method used is a normative legal research method with statute and conceptual approaches. The technique of collecting legal materials in this study is a descriptive method that aims to obtain the meaning of reality related to the problems to be discussed and solved in this study. The results show that in the current Criminal Code Bill, progressive law has been regulated, to be precise in Article 2 paragraph (1) and (2). Progressive law is also regulated in Law no. 48 of 2009 concerning Judicial Power. Then, the actualization of progressive law in regulating corruption in Indonesia is a judge with the powers that take into account the sociological context of society in making decisions. Judges, prosecutors and lawyers can certainly discuss together in eradicating corruption. Efforts are also being made to reconstruct and redefine the power of law enforcement. This arrangement can also encourage the KPK to be more progressive in eradicating corruption, as well as building law enforcers who have morality so that they can become role models and increase public participation, for example by forming NGOs in preventing or fighting corruption in various agencies.

scholarly journals Resiliensi Pendidikan Diniyah dalam Menghadapi Covid-19 selama Bulan Ramadhan 2021

At- Tarbawi ◽  
2021 ◽  
Vol 8 (1) ◽  
pp. 43-54
Author(s):  
Jalaluddin Jalaluddin
Keyword(s):  
Research Method ◽  
Boarding Schools ◽  
Qualitative Approach ◽  
Educational Institutions ◽  
Literature Study ◽  
Sustainable Education ◽  
The World ◽  
The Times

Diniyah education has been implemented by all educational institutions in Indonesia, starting from the lowest level, namely SD/MI to SMA/MA. Initially this diniyah education was implemented in Islamic boarding schools during the month of Ramadan. The aim is to foster morals, character, and strengthen worship for students during the month of Ramadan. The purpose of this study was to identify the role of diniyah education carried out in the world of education during the Covid-19 pandemic. This research method is a literature study method with a qualitative approach. The results showed that the role of diniyah education can be measured through 4 things, namely increasing student religiosity, developing sustainable education and in accordance with the development of the times, being patient with calamities, and increasing husnuzon attitudes in students.

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