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All Journal JUTEQ (JURNAL TEOLOGI & TAFSIR) Jurnal Komunikasi Review of International Economy and finance (RITEF)
Adrian Bima Putra
Faculty of Law Universitas 17 Agustus 1945 Jakarta

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PRINCIPLES OF ISLAMIC LAW IN CRIMINAL LAW REFORM IN INDONESIA Gunawan Widjaja; Adrian Bima Putra
JUTEQ: JURNAL TEOLOGI & TAFSIR Vol. 2 No. 5 (2025): MEI
Publisher : Adisam Publisher

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This article discusses the application of Islamic Law principles in criminal law reform in Indonesia, focusing on efforts to integrate Islamic norms into the pluralistic national legal system. Using the literature research method, it explores the principles of justice ('adl), balance (tawazun), public good (maslahah), and crime prevention (saddu al- dhara'i) as the foundation for criminal law reform. The results show that despite the challenges in harmonising Islamic law with secular national law, the application of these principles can enrich the Indonesian criminal law system with strong moral and ethical values. In addition, wise and comprehensive integration can optimise the effectiveness of law enforcement and improve the sense of justice in society. This study recommends the need for continuous dialogue between stakeholders to reach consensus and ensure that the resulting laws are inclusive and adaptive to the diversity of Indonesian society. In the long run, criminal law reform that considers the principles of Islamic Law has the potential to strengthen the foundation of national law and improve social welfare.
THE CHALLENGE OF INTEGRATING SHARIA CRIMINAL LAW IN THE NATIONAL LEGAL SYSTEM Gunawan Widjaja; Adrian Bima Putra
JUTEQ: JURNAL TEOLOGI & TAFSIR Vol. 2 No. 5 (2025): MEI
Publisher : Adisam Publisher

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The integration of Sharia criminal law into the national legal system presents significant challenges. Firstly, there are fundamental differences between the principles and values espoused by Sharia criminal law and national criminal law, which may hinder their alignment. Secondly, the juridical and institutional challenges require the revision of laws and regulations, as well as the development of new mechanisms to implement the law, which requires inter-agency coordination and a significant amount of time. Thirdly, the socio-cultural aspect is also a major obstacle, given that the application of Sharia criminal law must be adapted to a society that is diverse in terms of religion, culture and social values. Thus, a thoughtful and inclusive approach, as well as effective communication and education strategies are needed to achieve harmonious integration.
CONFLICT AND CONVERGENCE BETWEEN CRIMINAL LAW AND RELIGIOUS LAW (A CRIMINOLOGICAL PERSPECTIVE) Gunawan Widjaja; Adrian Bima Putra
JUTEQ: JURNAL TEOLOGI & TAFSIR Vol. 2 No. 5 (2025): MEI
Publisher : Adisam Publisher

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This article discusses the conflict and convergence between criminal law and religious law from a criminological perspective. This conflict often occurs due to differences in principles and norms between the two legal systems, which can include differences in sentencing, views on justice, and the protection of human rights. On the other hand, however, convergence can be found when the ethical and moral principles espoused in religious law support the objectives of secular criminal law, such as in crime prevention and the protection of society. Through criminological analysis, this article explores how these conflicts and convergences affect the implementation of the law, public perceptions of justice, and the formulation of more inclusive and effective criminal policies. The article concludes that by carefully considering the differences and similarities between the two legal systems, areas in need of reform or adjustment can be identified to improve the effectiveness of the justice system and promote social justice.
RESTORATIVE JUSTICE IN CRIMINAL LAW AND ISLAMIC LAW: A COMPARATIVE ANALYSIS Gunawan Widjaja; Adrian Bima Putra
JUTEQ: JURNAL TEOLOGI & TAFSIR Vol. 2 No. 5 (2025): MEI
Publisher : Adisam Publisher

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This article conducts a comparative analysis between the concept of restorative justice in modern criminal law and Islamic law. Restorative justice is an approach in the legal system that prioritises the restoration of the relationship between the victim and the offender as well as reparation for the harm suffered by the victim. In modern criminal law, this approach focuses on mediation and dialogue that aims to reduce recidivism and restore balance in society. On the other hand, Islamic law also has similar mechanisms through the concepts of sulh (peace) and diyya (compensation) which emphasise the importance of forgiveness and reconciliation. Despite differences in cultural and normative contexts, both legal systems demonstrate that restorative justice principles can be an effective and humane alternative in the handling of legal offences. As such, the integration of these principles is expected to contribute to the establishment of a more just and harmonious justice system.
A HUMAN RIGHTS-BASED COMMUNICATION WIRETAPPING POLICY MODEL FOR LAW ENFORCEMENT IN INDONESIA Gunawan Widjaja; Adrian Bima Putra
Jurnal Komunikasi Vol. 3 No. 2 (2025): Jurnal Komunikasi
Publisher : ADISAM PUBLISHER

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This research discusses the model of human rights-based communication tapping policy in law enforcement in Indonesia. The fragmentation of wiretapping regulations in various laws such as the Telecommunications Law, ITE Law, and KPK Law has created legal uncertainty and opened opportunities for violations of citizens' privacy rights. This study uses a literature review method to analyse norm conflicts in wiretapping regulations and formulate a policy model that meets accountability and privacy protection standards. The results show that wiretapping should be conducted based on court permission, with independent supervision, restrictions on scope and duration, and an effective complaint mechanism for victims of illegal wiretapping. Regulatory harmonisation is needed through the establishment of a special law on wiretapping that integrates international human rights principles and accountability, so that wiretapping can be an effective law enforcement instrument without compromising the fundamental rights of citizens
SURVEILLANCE AND IMPLICATIONS OF WIRETAPPING IN INTERNATIONAL AND NATIONAL LAW: A COMPARATIVE STUDY OF ARRANGEMENTS AND PRACTICES Gunawan Widjaja; Adrian Bima Putra
Jurnal Komunikasi Vol. 3 No. 2 (2025): Jurnal Komunikasi
Publisher : ADISAM PUBLISHER

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This research addresses the surveillance and implications of wiretapping in the perspective of international and national law through a comparative study of regulation and practice, with a focus on the cases of Indonesia and Australia. Wiretapping is an important instrument in law enforcement and state security, but at the same time has the potential to violate human rights, particularly the right to privacy. At the international level, wiretapping is regulated through various human rights instruments such as the UDHR, ICCPR, and the Vienna Convention, which emphasise the protection of privacy and the principle of non-intervention, while leaving room for exceptions for serious crimes. At the national level, Indonesia faces challenges of regulatory fragmentation, weak oversight, and the absence of a specific law that comprehensively regulates wiretapping. The case study of Australia's wiretapping of Indonesia shows that the practice of wiretapping without adequate oversight can damage diplomatic relations and reduce trust between countries. This research recommends harmonising national regulations with international standards, establishing a comprehensive wiretapping law, and strengthening independent oversight institutions to ensure lawful, proportionate and accountable wiretapping practices, while protecting human rights and maintaining stable international relations
LITERATURE ANALYSIS: THE ROLE OF ECONOMIC FACTORS IN INCREASING THEFT CRIMES IN INDONESIA Gunawan Widjaja; Adrian Bima Putra
Review of International Economy and Finance Vol. 2 No. 1 (2025): Review of International Economy and Finance (RITEF)
Publisher : CV. ADIBA AISHA AMIRA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.5281/zenodo.17556121

Abstract

This study discusses the role of economic factors in increasing theft crimes in Indonesia through a systematic literature analysis. This study reviews various sources that discuss the relationship between poverty, unemployment, and income inequality with the increase in theft rates. The findings indicate that the economic pressures faced by some communities encourage criminal acts, particularly theft, as an instant solution to meet their daily needs. In addition to macroeconomic factors, social aspects such as urbanisation and low education levels also contribute to the risk of this crime. This analysis also highlights the importance of a multidimensional approach in addressing theft, which should not only rely on law enforcement but also economic policy interventions such as job creation and income redistribution. The complex interaction between economic and social variables requires comprehensive strategies that can reduce crime rates while improving community welfare. The results of this study provide an empirical and theoretical basis for policymakers to develop effective and sustainable prevention programmes.
Co-Authors Gunawan Widjaja Gunawan Widjaja