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Journal : iljs

Diversi dalam Penanganan Eksploitasi Anak: Analisis Hukum Pidana Islam (Studi Kejaksaan Negeri Medan) Yara Sita; Maulidya Mora Matondang
Bahasa Indonesia Vol 11 No 1 (2026): Islamic Law: Jurnal Siyasah Maret 2026
Publisher : Universitas Pangeran Diponegoro Nganjuk

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.53429/iljs.v11i1.2795

Abstract

This article examines the limits of diversion in child sexual exploitation and child sexual violence cases handled by the Medan District Prosecutor’s Office under Indonesian and Islamic criminal law. This empirical juridical study reviews legislation and interview material contained in the source document. The analysis addresses the status of child victims, identity protection, secondary victimization, rehabilitation, restitution, education, prosecutorial duties, and impunity. The findings show that a child victim is not the object of diversion. Diversion concerns a child in conflict with the law as an offender and applies only when the statutory penalty threshold and non-recidivism requirements are met. If the offender is an adult or the case is legally ineligible, victim recovery must accompany criminal prosecution without erasing responsibility. Prosecutors assess legality, protect victims, control prosecution, and oversee recovery. Under Islamic criminal law, ishlah, ta’zir, maslahah, hifz al-nafs, hifz al-nasl, hifz al-‘aql, and hifz al-‘ird support recovery but do not justify pressure on victims or impunity
Implementation of The Formation of A Clean Sweep Task Force Against Extortion in Riau Province: Siyasah Perspective Maulidya Mora Matondang; Khalid; Ade Yulistiawati

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Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.53429/iljs.v11i2.2874

Abstract

This study examines the formation and implementation of the Clean Sweeping Task Force for Illegal Levies in Rokan Hulu Regency from the perspective of Fiqh Siyasah. It addresses two main questions: the implementation of the task force in Rokan Hulu and its alignment with fiqh siyasah principles. The study aims to evaluate both the task force's actions and its alignment with Islamic political thought. Using empirical juridical research, the study combines field and library research methods, collecting data through interviews, observations, and document analysis.The findings show that the task force has the authority to build systems for preventing and eradicating illegal levies, collect data, coordinate, plan, and implement operations, and conduct sting operations, with the Governor of Riau as the primary leader. From a fiqh siyasah perspective, illegal levies are seen as immoral, as they involve unlawfully taking others' property, making the money obtained haram. This practice promotes injustice and contributes to bribery, corruption, nepotism, and a corrupt judicial system, which undermines public trust and fosters dishonorable practices