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All Journal Al-MIKRAJ: Jurnal studi Islam dan Humaniora Jurnal Hukum Inconcreto
Muhamad Noval Arahman
UIN Sultan Maulana Hasanuddin Banten
Economics, Econometrics & Finance Education Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Social Sciences

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Perlindungan Anak dari Grooming Seksual Dalam Perspektif Hukum Islam Dan Hukum Positif: Kajian Yuridis-Normatif Komparatif Abdul Basit; Ridwan Bahrudin; Muhamad Noval Arahman
AL-MIKRAJ Jurnal Studi Islam dan Humaniora (E-ISSN 2745-4584) Vol. 6 No. 1: AL-Mikraj Jurnal Studi Islam dan Humaniora
Publisher : Pascasarjana Institut Agama Islam Sunan Giri Ponorogo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37680/almikraj.v6i1.8478

Abstract

Child sexual grooming has become an alarming form of violence in the digital era, as offenders exploit online media to approach, manipulate, and exploit children. This article aims to analyze child sexual grooming from the perspectives of positive law and Islamic law. The study employs a normative juridical method with a qualitative approach, conducted through library research with descriptive-analytical and comparative analysis. The findings reveal that Indonesian positive law, particularly the Child Protection Law and the Sexual Violence Crime Law, criminalizes grooming, yet legal gaps remain, especially in addressing digital-based crimes. In Islamic law, grooming is classified as jarīmah and jināyah because it violates the principles of maqāṣid al-sharī‘ah, which emphasize the protection of religion, life, intellect, honor, and property. The comparative analysis demonstrates that integrating Islamic legal values with positive law could strengthen child protection mechanisms and provide a more comprehensive normative foundation. Therefore, enhancing regulations through the synergy of both legal systems is crucial in preventing and addressing cases of child sexual grooming.
Legal Certainty in Housing Development on Protected Rice Paddy Land: A Case Study of the Pendawa Housing Estate, Lebaksiu, Tegal Regency Muhamad Noval Arahman; Abdul Basit; Iin Ratna Sumirat
Jurnal Hukum In Concreto Vol. 5 No. 1 (2026): Jurnal Hukum In Concreto Volume 5 Nomor 1 2026
Publisher : LPPM Universitas Harapan Bangsa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35960/inconcreto.v5i1.2124

Abstract

The designation of Protected Rice Paddy Land (LSD) is a national policy aimed at controlling the conversion of agricultural land to ensure long-term food security. In practice, however, this policy often conflicts with factual conditions on the ground, particularly when residential housing projects have already been constructed and sold before the spatial utilization permits were fully obtained. This study aims to analyze the legal certainty of housing developments built on land that was later designated as LSD, and to identify appropriate legal protection mechanisms for good-faith purchasers. The Pendawa Housing Estate in Tegal Regency is used as a case study, and the research applies a normative juridical method based on statutory and case approaches. The findings reveal that LSD serves as an administrative instrument within the spatial planning system and should not be treated as an absolute prohibition on land use. Its implementation must be proportional and respect the principles of legal certainty and fairness, particularly concerning buyers who have acquired property lawfully. Legal responsibility for spatial violations lies with the developer, while local governments play a strategic role in resolving these issues through adaptive and equitable administrative law mechanisms. This study concludes that harmonization between LSD policies and regional spatial planning systems is essential, alongside the protection of good-faith stakeholders' rights in the context of residential development.
Co-Authors Abdul Basit Iin Ratna Sumirat Ridwan Bahrudin