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All Journal Qistie: Jurnal Ilmu Hukum Jurnal IUS (Kajian Hukum dan Keadilan) Jurnal Akta Unes Law Review Jurnal EDUCATIO: Jurnal Pendidikan Indonesia Pena Justisia: Media Komunikasi dan Kajian Hukum Al-Qadha: Jurnal Hukum Islam dan Perundang-Undangan IIJSE Jurnal As-Syar’i: Jurnal Bimbingan & Konseling Keluarga Qiyas : Jurnal Hukum Islam dan Peradilan
Harahap, Arifuddin Muda
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Religion Humanities Economics, Econometrics & Finance Education Environmental Science Law, Crime, Criminology & Criminal Justice Physics Public Health Social Sciences

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Journal : Jurnal Akta

 1 
Restorative Justice in the Criminal Act of Rape (Analysis of the KUHP & Qanun Jinayat) Endra Wijaya, Septeddy; Marpaung, Watni; Harahap, Arifuddin Muda
JURNAL AKTA Vol 12, No 1 (2025): March 2025
Publisher : Program Magister (S2) Kenotariatan, Fakultas Hukum, Universitas Islam Sultan Agung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/akta.v12i1.43726

Abstract

The crime of rape is one of the serious violations of human rights that requires effective and fair legal handling. In Indonesia, the crime of rape is regulated in the Criminal Code (KUHP) which applies nationally, as well as the Qanun Jinayat in Aceh, as an implementation of Islamic law. This study aims to analyze existing regulations related to the crime of rape in Indonesia, and to explore the potential for the application of restorative justice in handling rape cases. This study uses a qualitative method with a descriptive approach, where the researcher acts as the main instrument in collecting and analyzing data. This approach aims to explore more deeply the differences in regulations between the Criminal Code and Qanun Jinayat, and to assess their impact on the legal process and the welfare of victims. The results of the study indicate that although both regulations are firm in providing sanctions for perpetrators of rape, there are still weaknesses in protecting victims, especially in terms of mental and social recovery. Therefore, the application of restorative justice is considered important to involve victims and perpetrators in a more humane resolution process, with the aim of restoring social balance and providing opportunities for victims to recover. This study concludes that there needs to be a reform in the justice system that pays more attention to aspects of justice for victims, by combining legal sanctions and a restorative approach.
Criminal Punishment in The Concept of Non-Conviction based on Asset Forfeiture (Analysis of Islamic Criminal Law) Rinaldi, Deby; Marpaung, Watni; Harahap, Arifuddin Muda
JURNAL AKTA Vol 12, No 1 (2025): March 2025
Publisher : Program Magister (S2) Kenotariatan, Fakultas Hukum, Universitas Islam Sultan Agung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/akta.v12i1.43728

Abstract

Criminalization within the concept of Non-Conviction Based Asset Forfeiture (NCBAF) plays a crucial role in efforts to combat corruption. This study aims to analyze the implementation of NCBAF in the context of Islamic criminal law, particularly regarding the confiscation of assets obtained from criminal acts without requiring the direct prosecution of perpetrators. This research employs a normative legal method (juridical normative) with a statute approach and a conceptual approach to examine the legal basis, effectiveness, and challenges of NCBAF. The findings reveal that NCBAF offers substantial advantages over conventional criminal justice systems, as it enables the recovery of unlawfully acquired assets without the need for a lengthy trial process. This approach accelerates asset recovery, reduces the risk of legal loopholes exploited by corrupt individuals, and enhances the efficiency of anti-corruption efforts. In Indonesia, the adoption of NCBAF can significantly strengthen corruption eradication policies, provided that sufficient legal and institutional frameworks are in place. From an Islamic legal perspective, NCBAF aligns with fundamental principles of justice, accountability, and property protection. Islamic law upholds the prohibition of illicit wealth and mandates the restitution of unlawfully obtained assets to rightful owners or the public interest. Therefore, the application of NCBAF is not only legally justified but also ethically and religiously endorsed within Islamic jurisprudence. By integrating NCBAF into anti-corruption strategies, Indonesia can reinforce its commitment to justice and economic integrity while ensuring the protection of state assets from illicit enrichment.
Absorption of Islamic Law in National Law: Analysis of Law No. 1 of 1974 and KHI on Marriage Habibi Siregar, Awaluddin; Yamamah, Ansari; Harahap, Arifuddin Muda
JURNAL AKTA Vol 12, No 1 (2025): March 2025
Publisher : Program Magister (S2) Kenotariatan, Fakultas Hukum, Universitas Islam Sultan Agung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/akta.v12i1.43811

Abstract

The absorption of Islamic law into national law in Indonesia is the result of a compromise between sharia principles and the prevailing positive legal system. One form of this is Law No. 1 of 1974 concerning Marriage and the Compilation of Islamic Law (KHI), which regulates the legal aspects of marriage for Muslims. However, the implementation of these two regulations in various regions show variations, especially in determining the rights and obligations of husband and wife, including in terms of joint property. Cultural diversity and different legal interpretations often affect the application of this law, so an in-depth analysis is needed regarding the extent to which Islamic law has been absorbed into national law. This study aims to examine the implementation of Law No. 1 of 1974 and KHI in the context of Islamic marriage law, with a focus on the dynamics of the application of joint property. This study uses a qualitative method with a statute approach, a case approach, a comparative approach, and a conceptual approach. The results of the study show that although Islamic law has been accommodated in the national legal system, its application still faces challenges, especially related to differences in interpretation by judges and the community in judicial practice. In addition, social and cultural factors also influence the implementation of provisions regarding joint property in marriage. In conclusion, although Law No. 1 of 1974 and the KHI have adopted the principles of Islamic law, harmonization and uniformity of application are still challenges that need further attention to create better legal certainty.
Reconstruction of Confiscation of Corruption Convicts' Assets in Restitution of State Financial Losses Islamic Law Analysis Najjar Alavi, Ivan; Marpaung, Watni; Harahap, Arifuddin Muda
JURNAL AKTA Vol 12, No 1 (2025): March 2025
Publisher : Program Magister (S2) Kenotariatan, Fakultas Hukum, Universitas Islam Sultan Agung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/akta.v12i1.43729

Abstract

Corruption is an extraordinary crime that harms state finances and hinders national development. One of the main strategies in eradicating corruption is the confiscation of assets resulting from criminal acts to recover state losses. However, the implementation of asset confiscation in Indonesia still faces various obstacles, including ineffective regulations, complicated legal procedures, and weak coordination between law enforcement agencies. This study analyzes the main obstacles in the implementation of asset confiscation based on positive law and Islamic law and formulates a legal reconstruction that can increase the effectiveness of asset recovery from corruption. This study uses a normative legal method with a descriptive-analytical approach, comparing applicable regulations and their implementation in Indonesia. The results of the study indicate that asset confiscation is not optimal due to the difficulty of proving the origin of assets, the use of third parties in hiding assets, and the absence of a Non-Conviction Based Asset Forfeiture (NCB) mechanism. From an Islamic legal perspective, confiscation of assets resulting from crime is in line with the principles of justice and welfare, as emphasized in QS. Al-Baqarah: 188 and the hadith of the Prophet Muhammad SAW which requires the return of property resulting from injustice. As a recommendation, this study proposes the implementation of the NCB mechanism, strengthening international cooperation in asset tracking, reforming evidence by shifting the burden of proof, and optimizing the management of confiscated assets for the public interest according to the principle of maslahah in Islamic law. With this approach, it is hoped that asset confiscation can become a more effective instrument in eradicating corruption and restoring state finances.
The Role of Restorative Justice in Juvenile Criminal Law Islamic Law Analysis Permana, Yudhi; Marpaung, Watni; Harahap, Arifuddin Muda
JURNAL AKTA Vol 12, No 1 (2025): March 2025
Publisher : Program Magister (S2) Kenotariatan, Fakultas Hukum, Universitas Islam Sultan Agung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/akta.v12i1.43730

Abstract

The Restorative Justice (RJ) approach in juvenile criminal law is a paradigm that is oriented towards the restoration, reconciliation, and rehabilitation of children in conflict with the law. Unlike the retributive justice system which emphasizes punishment, RJ aims to restore social balance through deliberation between the perpetrator, victim, and community. In Indonesia, the RJ principle has been accommodated in Law No. 11 of 2012 concerning the Juvenile Criminal Justice System (UU SPPA) which prioritizes diversion as a mechanism for resolving juvenile cases outside the courts. In addition, the Indonesian Attorney General's Regulation Number 15 of 2020 also regulates the termination of prosecution based on restorative justice. From an Islamic legal perspective, the RJ approach is in line with the principle of Maqashid Syari’ah, which aims to protect the soul (hifz al-nafs) and maintain social harmony. The concepts of qisas, diyat, sulh, and afw in Islam provide space for a more just conflict resolution, emphasizing forgiveness and peace as the main solutions in resolving criminal cases, including for children. The implementation of RJ in the Indonesian legal system faces several challenges, such as the lack of understanding of law enforcement officers, the limitations of more comprehensive regulations, and the minimal involvement of the community in the reconciliation process. Therefore, this study recommends strengthening regulations by enacting a special law on RJ, increasing training for law enforcement officers, and public education so that the community's understanding of restorative justice increases. With these steps, RJ can be an effective solution in a more just juvenile criminal law system, in accordance with Islamic legal values.
Application of the Simple, Fast and Light Cost Principles in the Determination of Time for Case Settlement in the Religious Court / Syar’iyah Court in Perspective of Maqashid Syari’ah Siregar, Dangas; Pagar, Pagar; Harahap, Arifuddin Muda
JURNAL AKTA Vol 10, No 4 (2023): December 2023
Publisher : Program Magister (S2) Kenotariatan, Fakultas Hukum, Universitas Islam Sultan Agung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/akta.v10i2.34031

Abstract

Courts under the Supreme Court of the Republic of Indonesia are always in the spotlight of the public and the media both about their performance and about the weaknesses and shortcomings in these institutions as judicial institutions that carry out the mandate of the provisions of the law. the determination of the time period for case settlement in various courts including the Religious Courts and the Syar’iyah Court quickly as mandated by the provisions of the Law which regulates that judicial procedures must be based on the principles of simple, fast and light costs. In reality, in judicial proceedings that take place in the Religious Courts and in the Syar’iyah Court, not always the principles of simplicity, speed and low cost can be applied. Often there are cases whose resolution takes a protracted time so that the litigants themselves certainly feel tired of undergoing all the existing judicial processes. When viewed from the point of view of Islamic law, a decision / law that is born by humans must actually be in line with the intent and purpose of the Islamic law itself or known as Maqashid al-Syari’ah. In this study using the type of library research (library research), the object of this research is a court decision, the nature of this research is Descriptive-analytic and Qualitative Data Analysis. The results of the study concluded that from the point of view of Maqashid al-Syari’ah, the application of the principles of simple, fast and light costs in case settlement in the Religious Courts and the Syar’iyah Court is classified as the application of Maqashid at the hajiyyah level, namely to provide convenience for justice seekers in obtaining access to justice as fair as possible.
Co-Authors Abdul Muthalib Angriani, Devi Ansari Ansari Aryanti, Cindy Asmuni Asmuni Aulia, Riza Bangun, Ibnu Fauzi Chandra, Ahmadil Dharma, Yafiz Arya Endra Wijaya, Septeddy Faradila, Iis Erika Habibi Siregar, Awaluddin Haekal, M.Fikri Harahap, Ahmad Faris Rivaldi Hasan, Miftahul Hisam Ahyani Indira, Safira Prima Kesuma, Diva Ariza Mapaung, Watni Miftakhul Huda MOCHAMMAD ERWIN RADITYO, MOCHAMMAD ERWIN Muhammad Nawawi Muhammad Syukri Albani Nasution Muhazir Muhazir, Muhazir Naeli Mutmainah Naelul Azmi Najjar Alavi, Ivan Nasution, Liantha Adam Pagar, Pagar Permana, Yudhi Prasetiya, Nurul Huda Rafly, M. Rinaldi, Deby Rizky, Fauzi Masfa Sérgio António Neves Lousada Siahaan, Arifin Siregar, Dangas Sitorus, Kamilatun Nisa Sofianti, Adella Iragil Tambunan, Abd Aziz Watni Marpaung Yamamah, Ansari