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All Journal Taqnin: Jurnal Syariah dan Hukum Al-Qisthu: Jurnal Kajian Ilmu-Ilmu Hukum
Retanisa Rizqi
Universitas Islam Negeri Jurai Siwo Lampung
Religion Humanities Law, Crime, Criminology & Criminal Justice

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Fenomena Sex in the Car di Aceh dalam Perspektif Fiqh Jinayah dan Maqashid Syariah Retanisa Rizqi
TAQNIN: Jurnal Syariah dan Hukum Vol 7, No 02 (2025): Juli-Desember 2025
Publisher : Universitas Islam Negeri Sumatera Utara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30821/taqnin.v7i02.26362

Abstract

This study examines the phenomenon of sex in the car in Aceh within the framework of fiqh jinayah (Islamic criminal law) and maqasid al-syari‘ah (the objectives of Islamic law) to explore its legal, moral, and policy implications in the enforcement of Islamic law. The research focuses on how sexual activity inside a vehicle is classified within the categories of jarimah (hudud/ta‘zir) and the extent to which such acts violate the five essential objectives of Islamic law (al-dharūriyyat al-khams). The study employs a normative legal research method, analyzing statutory regulations (Qanun Aceh No. 6/2014), classical and contemporary fiqh literature, and the maqasid framework as a conceptual basis. Secondary data were obtained from books, journals, and official reports published within the last six years. The findings reveal that the sex in the car phenomenon is generally categorized as a jarimah ta‘zir, which requires discretionary punishment by the authorities, while simultaneously violating the core elements of maqasid (particularly hifẓ al-din, hifẓ al-nafs, and hifẓ al-nasl). The study further emphasizes the need to recontextualize fiqh jinayah to address contemporary forms of khalwat, such as in vehicles, through preventive legal measures (sadd al-dzari‘ah), clear evidentiary guidelines, and the integration of educational approaches. The novelty of this research lies in its empirical focus on vehicles as modern spaces of khalwat in Aceh and its maqasid-based normative recommendations for adaptive Islamic law enforcement.
Pemberian Abolisi terhadap Terpidana Korupsi: Analisis Konvensi Ketatanegaraan dan Siyasah Iddariyah Lia Rahmawati; Retanisa Rizqi
Al-Qisthu Vol 23 No 2 (2025): Al-Qisthu: Jurnal Kajian Ilmu-Ilmu Hukum
Publisher : Institut Agama Islam Negeri Kerinci

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32694/qst.v23i2.6175

Abstract

The granting of abolition constitutes a constitutional prerogative of the President as stipulated in the 1945 Constitution of the Republic of Indonesia; however, its application to perpetrators of corruption raises serious debates concerning legal morality and anti-corruption efforts. This article aims to analyze the President’s authority to grant abolition to corruption offenders from the perspectives of constitutional law and siyāsah iddariyah. This study employs a qualitative library research design using a normative-analytical approach through the examination of statutory regulations, court decisions, and relevant legal literature. The findings indicate that although the authority to grant abolition has a constitutional basis, its application to corruption cases potentially contradicts the principles of substantive justice, the spirit of combating corruption, and the protection of public interest. From the perspective of siyāsah iddariyah, the exercise of governmental authority is constrained by the principles of trust (amānah), justice, and the safeguarding of the public good; therefore, policies on abolition must be oriented toward the preservation of maqāṣid al-sharī‘ah, particularly the protection of state assets and public trust. Accordingly, the granting of abolition to corruption offenders should be applied in a strict and proportional manner and oriented toward the public interest to prevent abuse of power and the erosion of legal morality.
Co-Authors Lia Rahmawati