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All Journal Ahsan : Jurnal Ilmiah Keislaman dan Kemasyarakatan Cangkal : Jurnal Ilmu Sosial dan Humaniora
Birro Tiya
Institut Agama Islam Darul Ulum Kandangan
Religion Education Social Sciences Other

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ANALISIS LEGAL DRAFTING PERATURAN KOMISI PEMILIHAN UMUM (PKPU) DALAM SISTEM PERATURAN PERUNDANG-UNDANGAN DI INDONESIA Anida Kharamah; Birro Tiya; Ahmad Zaki Yamani
Cangkal : Jurnal Ilmu Sosial Dan Humaniora Vol. 2 No. 1 (2026): Mei - Oktober 2026
Publisher : Yayasan Pendidikan Literasi Borneo

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Abstract

This research is motivated by the importance of regulations in the Indonesian election system, particularly the General Election Commission Regulation as a technical legal instrument that regulates the implementation of elections to ensure fairness, orderliness, and democracy. The purpose of this study is to analyze the quality of the drafting of the General Election Commission Regulation within the legal system and assess its compliance with the principles of good legal drafting. This study uses a qualitative approach with a literature review method through a normative juridical approach combined with a conceptual and political legal approach. The results show that the drafting of the General Election Commission Regulation has fulfilled the requirements of systematic regulatory drafting techniques, a clear normative structure, and the use of clear and non-multi-interpretable legal language. In addition, this regulation plays a significant role in ensuring legal certainty and supporting the orderly and systematic implementation of elections. However, ongoing efforts are still needed to maintain regulatory harmonization and improve the quality of drafting to remain adaptive to legal dynamics and community needs. Thus, it can be concluded that the quality of legal drafting of the General Election Commission Regulation plays a strategic role in supporting the effectiveness and integrity of election administration in Indonesia.
QADZAF (MENUDUH BERZINA) MENURUT PERPEKSTIF HUKUM PIDANA ISLAM Birro Tiya; Nurul Hikmah; Khalisatun Nurussaadah; Lahmudinur Lahmudinur
Ahsan: Jurnal Ilmiah Keislaman dan Kemasyarakatan Vol. 2 No. 2 (2025)
Publisher : PT. Pustaka Andil Lestari

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.67802/ahsan.vi.78

Abstract

This study examines qadzaf, the act of accusing someone of adultery without valid evidence, from the perspective of Islamic criminal law while also addressing the challenges of slander dissemination in the digital era. Qadzaf is considered a serious violation as it can harm individual honor, disrupt lineage clarity, and create social tension. This research employs a descriptive qualitative approach through comprehensive literature review, with primary sources including Qur’anic exegesis, canonical Hadith collections (Kutub al-Sittah), and classical fiqh literature from the Hanafi, Maliki, Shafi‘i, and Hanbali schools. Secondary sources consist of modern academic books, journal articles, Islamic legal encyclopedias, and contemporary studies on digital ethics and the spread of slander on social media. Thematic analysis was conducted to identify definitions, legal elements, and the prescribed sanctions for qadzaf according to various scholars. Findings indicate that qadzaf involves three cumulative elements: accusation of adultery or denial of lineage without evidence, the accused being a muhshan (a Muslim, free, mature, sane, and of good moral standing), and the perpetrator’s unlawful intent. The prescribed punishment is eighty lashes as stated in Surah An-Nur verse 4, with scholarly differences regarding forgiveness; the Shafi‘i school allows victim pardon, whereas the Hanafi school mandates hadd implementation regardless of forgiveness. Qadzaf remains relevant in the digital age as a measure to prevent slander and protect human dignity. To enforce hadd, all elements must be fulfilled cumulatively, while ta’zir penalties can be applied if conditions are incomplete. The study emphasizes integrating classical fiqh teachings with modern challenges to address the widespread dissemination of digital slander.
Co-Authors Ahmad Zaki Yamani Anida Kharamah Khalisatun Nurussaadah Lahmudinur Lahmudinur Nurul Hikmah