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All Journal Jurisprudentie YUSTISI Jurnal Ilmiah Ahwal Syakhshiyyah (JAS) Yustisi: Jurnal Hukum dan Hukum Islam Proceeding International Seminar of Islamic Studies Al-MIKRAJ: Jurnal studi Islam dan Humaniora QANUN: Journal of Islamic Laws and Studies Asian Journal of Law and Humanity Al-Zayn: Jurnal Ilmu Sosial & Hukum Jurnal Pengabdian Masyarakat dan Riset Pendidikan Jurnal Ilmiah Nusantara Jurnal Intelek Insan Cendikia Jurnal CENDIKIA ISNU Jurnal Cendikia ISNU SU
Mhd Yadi Harahap
Unknown Affiliation
Religion Arts Humanities Astronomy Computer Science & IT Decision Sciences, Operations Research & Management Economics, Econometrics & Finance Education Environmental Science Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Mathematics Physics Social Sciences Other

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Comparative Review of Jarimah Khalwat and Ikhtilath: An Analysis of Uqubat in Qanun No. 4 of 2014 and the Indonesian Criminal Code Muniruddin Ritonga; Mhd Yadi Harahap
Jurnal Cendikia ISNU SU Vol. 3 No. 1 (2026): ISNU Cendikia Januari
Publisher : ISNU Sumatera Utara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.70826/jcisnu.v3i1.1322

Abstract

The regulation of jarimah khalwat and ikhtilath is part of Islamic criminal law efforts in maintaining the morality and honor of the community. Both acts are seen as acts that pave the way to more serious moral violations that require preventive legal arrangements. The existence of Qanun No. 4 of 2014 concerning Jinayat in Aceh presents a model of formalization of Islamic criminal law in the plural Indonesian national legal system, while the Criminal Code regulates morality in general without explicitly recognizing the concepts of khalwat and ikhtilath. This study aims to analyze comparatively the regulation and uqubat jarimah khalwat and ikhtilath in Qanun Jinayat and compare it with the regulation of morality in the Indonesian Criminal Code. The research method used is normative legal research with a statutory and conceptual approach, using primary legal materials in the form of Qanun No. 4 of 2014 concerning Jinayat and the Criminal Code, as well as secondary legal materials in the form of Islamic criminal law literature and national criminal law. The results of the discussion show that Islamic criminal law places khalwat and ikhtilath as jarimah ta'zir which is oriented towards the prevention and moral protection of the community, while Qanun Jinayat formulates both acts expressly with proportional and flexible uqubat. The Criminal Code has a different approach by emphasizing concrete consequences and the protection of individual freedoms. This paradigm difference reflects the pluralism of criminal law in Indonesia and emphasizes that Qanun Jinayat functions as a lex specialis that lives in the social and religious context of the Acehnese people, so harmonization with the Criminal Code needs to be carried out through the recognition of regional specificity and a dialogue of fair values.
The Dualism of the Arrangement of Jarimah Khamar and Maisir: A Comparison of Uqubat and Witnesses between Qanun Jinayat Aceh and the Criminal Code in 2023 Romel Tarigan; Mhd Yadi Harahap
Jurnal Cendikia ISNU SU Vol. 3 No. 1 (2026): ISNU Cendikia Januari
Publisher : ISNU Sumatera Utara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.70826/jcisnu.v3i1.1323

Abstract

The dualism of the regulation of jarimah khamar and maisir in Indonesia is a consequence of the recognition of legal pluralism in the national legal system. Qanun Jinayat Aceh as a criminal law based on Islamic sharia coexists with the 2023 Criminal Code as a national criminal law. These fundamental philosophical and normative differences cause differences in the formulation of delik, the type of uqubat, as well as the system of proof and witnesses, which has the potential to give rise to legal uncertainty and differences in legal treatment of legal subjects. This study aims to analyze and compare the arrangement of jarimah khamar and maisir between the Qanun Jinayat Aceh and the 2023 Criminal Code, focusing on the difference in uqubat and witness provisions. This study also aims to examine the normative implications of the regulatory dualism in the context of the national criminal law system. The research method used is normative legal research with legislative, conceptual, and comparative legal approaches. Legal materials consist of primary legal materials in the form of related laws and regulations, as well as secondary legal materials in the form of literature, scientific journals, and the doctrine of criminal law and fiqh jinayah. The analysis is carried out qualitatively through systematic and teleological interpretation. The results of the discussion show that Qanun Jinayat Aceh views khamar and maisir as jarimah that threaten the moral and religious order of society, so that uqubat is formulated in the form of ta'zir sanctions that are symbolic and preventive, with a proof system influenced by the principles of fiqh jinayah. The 2023 Criminal Code regulates similar acts within the framework of modern criminal law that focuses on public order and legal certainty, with criminal sanctions of imprisonment and fines as well as a national evidentiary system. This study concludes that the dualism of regulation reflects the challenge of harmonizing national criminal law in a pluralistic legal state, so that legal policies are needed that are able to bridge religious values, legal certainty, and human rights protection proportionately.
Criminal Acts of Persecution in the Perspective of Islamic Criminal Law and the Criminal Code: A Comparative Analysis of Concepts and Sanctions Fery Dianta Ginting; Mhd Yadi Harahap
Jurnal Cendikia ISNU SU Vol. 3 No. 1 (2026): ISNU Cendikia Januari
Publisher : ISNU Sumatera Utara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.70826/jcisnu.v3i1.1324

Abstract

The crime of persecution is a crime against the human body that has a direct impact on the protection of human rights, a sense of justice, and social order, so that its regulation is an important issue in criminal law. Differences in the applicable legal system affect how an act is qualified as persecution and how criminal sanctions are imposed on the perpetrator. This paper aims to analyze comparatively the concept of the criminal act of persecution and its sanctions from the perspective of Islamic Criminal Law and the Criminal Code, as well as assess the relevance of the normative values contained in it for the development of national criminal law. This study uses normative legal research methods with legislative, conceptual, and comparative approaches. The legal materials used include laws and regulations, sources of Islamic law, as well as relevant legal doctrines and literature, which are analyzed qualitatively by prescriptive-analytical methods. The results of the discussion show that the Criminal Code views persecution as a violation of public order and the legal interests of the state with the imposition of criminal sanctions that are repressive and state-centric, so that the role of victims in the criminal process is relatively limited. Islamic Criminal Law views persecution as a jinayah against the human body that emphasizes the principles of balance, proportionality, and protection of the rights of victims through the concepts of qishash and diyat, as well as opening up space for forgiveness and the restoration of social relations. The conclusion of this study confirms that the comparison of the two legal systems shows a significant difference in the criminal paradigm, where the values of substantive justice and restorative orientation in Islamic Criminal Law have important relevance to be used as a normative reference in the reform of national criminal law, especially in the regulation of criminal acts of persecution that are more just and humane.
Co-Authors Afriansyah Anggi Egi Anggraini Anna Muwaffika Arifin Siahaan Bukti Padang Danang Dermawan Faisal Khalid Fery Dianta Ginting Fitri Hafsah Hafsah Hafsah Kamaluddin Pane M. Fajri Syahroni Siregar Mashuri Siregar Hall Muhammad Firman Akhsani Muhammad Saputra Muhammad Sya’ban Siregar Muniruddin Ritonga Nandani Zahara Mahfuzah Nurasiah Pratitis, Sugih Ayu Prayogi Prayogi Rachma Syarina Aatifa Rizki Fadilah Romel Tarigan Said Reza Pahlevi Saifuddin AW Suhardiman Sukiati Tata Cendekia Putra Sinaga Taufik Tengku Rizki Rahman Utary Maharany Barus Wahda Hilwani Damanik Wiranto Yoyok Adi Syahputra Zamakhsyari bin Hasballah Thaib