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Assyfa Reyhani
Universitas Islam Negeri Sjech M. Djamil Djambek Bukittinggi

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Analisis Yuridis dan Perspektif Hukum Pidana Islam terhadap Putusan Pengadilan Nomor 964/Pid.Sus/2023/PN Pdg Assyfa Reyhani; Saiful Amin
Maqasid Forum : Journal of Islamic Law, Jurisprudence, and Public Policy Vol. 1 No. 1 (2026): March 2026
Publisher : Maqasid Forum : Journal of Islamic Law, Jurisprudence, and Public Policy

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30983/maqasidforum.v1i1.268

Abstract

This study aims to analyze the legal qualification and judicial handling of sextortion in Decision Number 964/Pid.Sus/2023/PN Pdg under Indonesian positive law and to examine its legal status and sanctions from the perspective of Islamic criminal law. This research employs a normative legal method using statutory, case, and conceptual approaches. The primary legal material consists of Decision Number 964/Pid.Sus/2023/PN Pdg, complemented by relevant legislation, legal doctrines, and scholarly literature. The collected legal materials were analyzed qualitatively through legal interpretation and prescriptive legal reasoning to formulate coherent legal arguments. The findings reveal that sextortion constitutes a cybercrime involving elements of extortion, electronic threats, and sexual exploitation. Since Indonesian legislation has not specifically regulated sextortion as an independent criminal offense, law enforcement relies on fragmented provisions within existing criminal and electronic information laws, creating challenges for legal certainty and victim protection. The study concludes that the current legal framework remains inadequate to comprehensively address sextortion and requires a more integrated regulatory approach to ensure effective law enforcement and stronger protection for victims. Academically, this study contributes to the development of contemporary Islamic criminal law by providing a comparative analysis between Indonesian positive law and ta'zir principles, while enriching scholarly discourse on the legal construction of sextortion as an emerging form of cyber-enabled sexual crime.