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All Journal IBLAM Law Review Decisio: Jurnal Ilmiah Hukum
Muhammad Irayadi
IBLAM School of Law
Humanities Education Environmental Science Law, Crime, Criminology & Criminal Justice Other

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Batasan dan Pembuktian Perzinaan dalam Hukum Islam dan UU No. 1 Tahun 2023: Perspektif Kriminologi Gede Henry Suardita; Muhammad Irayadi
Decisio: Jurnal Ilmiah Hukum Vol 2 No 1 (2025): DECISIO
Publisher : LPPM Iblam School of Law

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.52249/decisio.v2i1.21

Abstract

This study examines the definition and proof of adultery in Islamic law and Law No. 1 of 2023 from a criminological perspective. It highlights the differences in how these legal frameworks address adultery and their impacts on society’s moral order. The research explores the criminal sanctions provided by Islamic law and compares them with the more lenient approach of the Indonesian legal system under the new criminal code. The study aims to offer a comprehensive analysis of the regulatory and normative aspects of adultery law and its practical implementation. This research employs a qualitative method with a normative legal approach, analyzing regulations and legal norms. Primary and secondary data are used, collected through literature studies, including official documents, legal books, journals, and previous research. The findings indicate that Islamic law’s strict sanctions serve as a strong deterrent against adultery, while Law No. 1 of 2023 adopts a more restorative approach, allowing victims to report offenses. Despite the differences, both legal systems aim to protect social order by upholding moral standards. The research suggests that balancing these legal approaches could help harmonize legal norms and improve their application in Indonesia.
Penundaan Eksekusi Hukuman Mati dalam KUHP Baru: Analisis Dampak Hukum, Sosial, dan Psikologis Salma Daja; Muhammad Irayadi
Decisio: Jurnal Ilmiah Hukum Vol 2 No 2 (2025): DECISIO
Publisher : LPPM Iblam School of Law

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.52249/decisio.v2i2.29

Abstract

This study explores the legal, social, and psychological impacts of delaying the execution of death sentences under the new Indonesian Criminal Code (KUHP). The introduction of a 10-year probationary period for death row inmates has raised legal uncertainties regarding execution timelines and potential changes in sentencing. The research highlights the psychological strain and potential human rights violations that long delays may cause for those awaiting execution, leading to significant concerns within the criminal justice system. Additionally, it examines how this delay influences the integrity of the legal framework in Indonesia. The study uses a qualitative method with a normative legal approach, focusing on analyzing regulations and interpreting legal norms in practice. Data were collected through an in-depth literature review of legal documents and previous studies.The findings indicate that the delay in execution contributes to a lack of certainty in the legal process, which affects both the detainees' mental health and the public’s trust in the justice system. Psychological effects on death row inmates, such as severe distress and mental deterioration, are significant, while the legal impact shows the need for clearer regulations to ensure justice and prevent human rights violations. The study concludes that reforming execution timelines and legal processes is crucial for improving the fairness and effectiveness of the Indonesian criminal justice system.
A Normative Legal Analysis of the Effectiveness of Holistic Protection of Outsourcing Workers in Indonesia as a Model of Proportional Responsibility of PPJ-PJTK in the Joint and Several Liability System Supriyanto Supriyanto; Muhammad Irayadi
IBLAM LAW REVIEW Vol. 6 No. 1 (2026): IBLAM LAW REVIEW
Publisher : Lembaga Penelitian dan Pengabdian Kepada Masyarakat (LPPM IBLAM)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.52249/ilr.v6i1.651

Abstract

Outsourced workers in Indonesia continue to face systemic vulnerabilities, including wage disparities, limited access to social security, and legal uncertainty resulting from fragmented responsibilities between Service User Companies (PPJ) and Manpower Service Providers (PJTK). This study aims to analyze the effectiveness of a joint and several liability model based on proportional responsibility in ensuring holistic protection for outsourced workers. The research employs a normative juridical approach through doctrinal analysis of current labor regulations, particularly the Job Creation Law and its implementing regulations, combined with a systematic literature review on outsourcing implementation challenges. Secondary data consist of statutory regulations, court decisions, and previous normative legal studies. The findings indicate that the joint and several liability model has the potential to integrate the responsibilities of PPJ and PJTK proportionally, thereby closing protection gaps related to workers’ normative rights, including wages, occupational safety and health, and access to legal remedies. This model also enhances legal certainty by allowing workers to pursue claims against both parties collectively. However, its effectiveness remains constrained by regulatory ambiguity, weak government supervision, complex litigation mechanisms, and the risk of moral hazard among manpower providers. Therefore, systemic reforms are required, including regulatory harmonization, strengthened institutional oversight, and clear operational guidelines, to achieve comprehensive protection for outsourced workers.  
Co-Authors Gede Henry Suardita Salma Daja Supriyanto Supriyanto