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Febrian Arif Wicaksana
Universitas Darussalam Gontor

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THE RENEWAL OF THE EVIDENTIARY PROCESS FOR THE CRIMINAL ACT OF SUPERNATURAL PRACTICES Meitria Cahyani; Febrian Arif Wicaksana; Andini Rachmawati; Fazari Zul Hasmi Kanggas; Aisyah Habibah Rahman
Journal of Indonesian Comparative of Syari'ah Law Vol. 8 No. 3 (2025): Journal of Indonesian Comparative of Syari'ah Law (JICL): Jurnal Perbandingan H
Publisher : Journal of Indonesian Comparative of Syari'ah Law

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The practice of supernatural rituals in Indonesia continues despite advancements in science and technology, with various cases of fraud and abuse harming society, such as the cases involving shamans in Sukabumi and Yono. To address this issue, the government has regulated it under Article 252 of the 2023 Criminal Code (KUHP), which will take effect in 2026, aiming to curb harmful practices and prevent vigilante actions, although challenges in proving such offenses remain a major obstacle. This study employs a normative juridical approach, utilizing legal analysis and literature review methods related to evidentiary law in criminal offenses. Additionally, it examines the legal framework surrounding supernatural practices as a criminal act and how evidence is established under Article 252 of Law Number 1 of 2023 concerning the Criminal Code. The findings reveal that shamanic offenses were previously regulated under Articles 545 to 547 of the existing Criminal Code, but these provisions have been found inadequate in addressing harmful supernatural practices and fail to provide a deterrent effect due to lenient penalties.
CONSTITUTIONALITY OF THE CONSTITUTIONAL COURT DECISION NUMBER 90/PUU-XXI/2023 FROM THE PERSPECTIVE OF CONSTITUTIONAL LAW AND FIQH SIYASAH DUSTURIYAH Febrian Arif Wicaksana; Saipul Nasution; Meutya Amalia; Muhsin Arafat
Journal of Indonesian Comparative of Syari'ah Law Vol. 8 No. 2 (2025): Journal of Indonesian Comparative of Syari'ah Law (JICL): Jurnal Perbandingan H
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The Constitutional Court is a state institution that acts as the Guardian of the Constitution, tasked with providing the right interpretation of the law so that it does not contradict constitutionalism. Decision Number 90/PUU-XXI/2023 issued by the Constitutional Court regarding the age limit for presidential and vice-presidential candidates has caused a lot of controversy starting from determining it until the decision was made. This study aims to analyze the decision of the Constitutional Court Number 90/PUU-XXI/2023, from the perspective of constitutional law and Fiqh Siyasah Dusturiyah (Islamic state politics). The formulation of the research problem is how the constitutionality of the Constitutional Court's decision Number 90/PUU-XXI/2023 and how Fiqh Siyasah Dusturiyah views the constitutionality of the Constitutional Court's decision Number 90/PUU-XXI/2023. The methodology that used in this research is a juridical-normative approach, with a descriptive analysis method. This research relies on literature studies from the primary sources such as court decisions, and laws and secondary sources from books and journals related to Constitutional Law and Fiqh Siyasah Dusturiyah. The results showed that the Constitutional Court's decision Number 90/PUU-XXI/2023 was unconstitutional and this decision is not by the principles of justice and the principle of division of authority in Fiqh Siyasah Dusturiyah. This research showed the importance of fair legal interpretation, maslahat, and compliance with the principles of Fiqh Siyasah Dusturiyah and the constitution in determining constitutional political policy.
NECROPHILIA IN PERSPECTIVES OF INDONESIAN POSITIVE LAW AND ISLAMIC LAW Febrian Arif Wicaksana; Arif Dian Santoso; Virgin Muthia Imron
Journal of Indonesian Comparative of Syari'ah Law Vol. 6 No. 2 (2023): Journal of Indonesian Comparative of Syari'ah Law (JICL): Jurnal Perbandingan H
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Abstract

the sexual crimes committed against corpses. In Indonesia, no law regulates the prohibition of Necrophilia. Meanwhile, Islam has specific and detailed laws governing Necrophilia, and most Indonesian people are Muslim so that it can be used as an illustration in the formation of positive law in Indonesia. Strengthen the judge's view of necrophilia perpetrators by implementing rechtvinding through various methods. From this background, in this study, there are two problem formulations. First, how is the necrophilia law in positive Indonesian law? Second, how is the law of Necrophilia in Indonesia from the perspective of Islamic law? This research aims to enforce the law, to reduce necrophilia crimes, and to create the deterrent effect. The research method used is normative juridical. The author uses literature research, statutory approaches, and comparisons between Islamic and positive Indonesian law. Followed by the documentation of study data collection techniques and qualitative data analysis techniques, followed by a deductive mindset. So that a theoretical basis can be formed, that, Necrophilia is reviewed in positive Indonesian law and Islamic law, and analysis of Necrophilia in positive Indonesian law and Islamic law. This study concluded that regarding positive Indonesian law, there are no rules that specifically regulate Necrophilia, as for some regulations that can be imposed in the form of criminal law in accordance with previous crimes such as murder, immorality, and others that can be imposed by judges. As for according to Islamic law, it can be imposed ta'zir or had.
Co-Authors Aisyah Habibah Rahman Arif Dian Santoso Fazari Zul Hasmi Kanggas Meitria Cahyani Meutya Amalia Muhsin Arafat Rachmawati, Andini Saipul Nasution Virgin Muthia Imron