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All Journal al-Afkar, Journal For Islamic Studies Legalite: Jurnal Perundang Undangan dan Hukum Pidana Islam
Yusup Azazy
UIN Sunan Gunung Djati Bandung, Indonesia
Religion Law, Crime, Criminology & Criminal Justice Social Sciences

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Tinjauan Hukum Pidana Islam terhadap Pengaturan Justice Collaborator: Analisis Pasal 10A Ayat 3 UU Nomor 31 Tahun 2014 Anindi Yuli Fauziah; Deden Najmudin; Yusup Azazy
Legalite : Jurnal Perundang Undangan dan Hukum Pidana Islam Vol 11 No 1 (2026): Legalite: Jurnal Perundang Undangan dan Hukum Pidana Islam
Publisher : IAIN Langsa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32505/legalite.v11i1.12332

Abstract

This research aims to analyze the legitimacy and position of the justice collaborator within the Indonesian criminal justice system and to assess its compatibility with the principles of Islamic criminal law. The method used in this research is a normative juridical approach with statutory and conceptual approaches. The research data were obtained through a literature study of primary legal materials in the form of legislation, the Supreme Court Circular Letter Number 4 of 2011, as well as Islamic legal sources such as the Qur’an, Hadith, and literature on fiqh jinayah. The results of the study indicate that the regulation of justice collaborators in Indonesian positive law provides legal protection and recognition in the form of sentence reductions for perpetrators who cooperate in revealing crimes. From the perspective of Islamic criminal law, this concept can, in principle, be accepted through the approach of tahfif al-‘uqubah (mitigation of punishment), taubat nasuha (sincere repentance), and considerations of public benefit (maslahah mursalah). This research finds a point of convergence between national law and Islamic law, particularly in efforts to realize substantive justice and the protection of public interests.
Analysis of Aggravating Factors Regarding the Theft of Sacred Religious Objects under Article 477 of Law No. 1 of 2023: An Islamic Criminal Law Perspective Adi Fadillah; Deden Najmudin; Yusup Azazy
al-Afkar, Journal For Islamic Studies Vol. 9 No. 3 (2026)
Publisher : Perkumpulan Dosen Fakultas Agama Islam Indramayu

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31943/afkarjournal.v9i3.3554

Abstract

The evolution of criminal law in Indonesia, marked by the enactment of Law Number 1 of 2023 concerning the Criminal Code (the New KUHP), has altered the regulation of aggravated theft; the provisions previously set forth in Article 363 of the old Criminal Code have been superseded by Article 477 of the New Criminal Code. A significant update in this article is the inclusion of protection for sanctified religious objects as an aggravating factor in the crime of theft. This provision warrants examination because the theft of sanctified religious objects causes not only material loss but also impacts spiritual values, social order, and religious dignity within society. This study aims to analyze the classification of sanctified religious objects as an aggravating factor for theft under Article 477 of the Criminal Code, examine the Islamic criminal law perspective regarding this aggravating factor, and analyze the objectives of sentencing perpetrators who steal sanctified religious objects from the viewpoints of both positive law and Islamic criminal law. The study employs a normative-juridical method utilizing statutory, conceptual, and comparative approaches. The research findings indicate that sanctified religious objects possess a special legal status due to the sacred, social, and religious values they embody. Consequently, the theft of such objects merits harsher sanctions than ordinary theft. From the perspective of Islamic criminal law, this provision aligns with the objectives of maqasid al-shariʿah specifically hifz al-din (protection of religion) and hifz al-mal (protection of property) and is best understood within the framework of taʿzir as a means to protect religion and maintain social order. The novelty of this research lies in the integrative analysis of Article 477 of the New Criminal Code and the concept of jarimah sariqah in Islamic criminal law specifically regarding the classification of sanctified religious objects as an aggravating factor in theft a topic that has received limited attention in previous studies.
Co-Authors Adi Fadillah Anindi Yuli Fauziah Deden Najmudin