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All Journal Ulul Albab: Jurnal Studi dan Penelitian Hukum Islam ESOTERIK Jurnal Studi Agama dan Masyarakat Asy-Syir'ah: Jurnal Ilmu Syari'ah dan Hukum INDONESIAN JOURNAL OF CRIMINAL LAW STUDIES Pancasila: Jurnal Keindonesiaan
Umar, Achmad Jauhari
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Religion Arts Humanities Education Law, Crime, Criminology & Criminal Justice Social Sciences

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Journal : INDONESIAN JOURNAL OF CRIMINAL LAW STUDIES

 1 
Mairil and Nyempet as Child Sexual Violence in Pesantren: Contradictions of Traditional Norms, Religion, and Criminal Law Policy in Indonesia Tohari, Mohamad; Kamalludin, Iqbal; Suseno, Jarot Jati Bagus; Umar, Achmad Jauhari; Pratami, Bunga Desyana
IJCLS (Indonesian Journal of Criminal Law Studies) Vol 9, No 1 (2024): Indonesia J. Crim. L. Studies (May, 2024)
Publisher : Universitas Negeri Semarang (UNNES)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/ijcls.v9i1.50291

Abstract

Pesantren, Islamic educational institutions in Indonesia, traditionally provide dormitories for santri, students dedicated to religious studies from childhood through adolescence. However, adolescence often coincides with heightened curiosity about sexuality, leading to behaviors like "Mairil" and "Nyempet." Mairil involves affectionate interactions between individuals of the same gender, which can escalate to physical actions known as Nyempet, distinct from sodomy. This socio-legal study employs a qualitative approach focusing on substantive justice in criminal policy. The research underscores that Mairil and Nyempet constitute forms of sexual violence prevalent in pesantren. Despite inconsistencies with religious norms and criminal law, enforcement remains inadequate. It advocates for a comprehensive approach involving pesantren and competent authorities to tackle these issues. Key recommendations include enhancing victim protection, enforcing existing laws rigorously, and raising societal awareness through education on individual rights and humanitarian principles. In conclusion, addressing Mairil and Nyempet requires concerted efforts from all stakeholders to ensure justice, protect victims, and promote a more inclusive understanding within Indonesian society and its educational institutions.
A Human Rights Discourse on Death Penalty for Corruptors during the Outbreaks: Reflection on the Covid 19 Pandemic Kamalludin, Iqbal; Christia, Adissya Mega; Umar, Achmad Jauhari; Pratami, Bunga Desyana; Widiastuti, Rizqiyani Syifa; Putri, Delasari Krisda
IJCLS (Indonesian Journal of Criminal Law Studies) Vol 8, No 1 (2023): Indonesia J. Crim. L. Studies (May, 2023)
Publisher : Universitas Negeri Semarang (UNNES)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/ijcls.v8i1.43283

Abstract

The Covid-19 pandemic profoundly impacted Indonesia's stability, yet amidst these challenges, a senior official within the Ministry of Social Affairs engaged in corrupt practices related to social grants, an offense stipulated under Article 2 paragraph (2) of Law No. 20 of 2001, amending Law No. 31 of 1999 on Corruption, which mandates the death penalty. This research examines the tension between imposing the death penalty on corruption offenders during emergencies and the human rights perspective, particularly in Indonesia. Employing a qualitative normative juridical method rooted in criminal law and human rights standards, the study reveals that despite the provision allowing for the death penalty for corruption during Covid-19, Indonesia adopts a moderately particularistic human rights stance that regards human rights as universal principles while addressing national concerns. The study highlights Indonesia's nuanced approach to human rights in the context of criminal justice, particularly concerning the application of the death penalty to corruption offenders during crises. It underscores the country's effort to uphold human rights as universal while recognizing national circumstances. This research contributes to ongoing scholarly debates on the intersection of emergency measures, criminal justice, and human rights, offering insights into how states navigate legal provisions in times of crisis to maintain stability without compromising fundamental rights. The findings provide a critical perspective for policymakers, legal practitioners, and human rights advocates grappling with issues of justice and rights protection amid global emergencies.
Co-Authors Ahmad Faqih Christia, Adissya Mega Fifink Praiseda Alviolita Iqbal Kamalludin Mohamad Tohari, Mohamad Pratami, Bunga Desyana Putri, Delasari Krisda Suseno, Jarot Jati Bagus Syarifa Khasna Widiastuti, Rizqiyani Syifa Yanuar, Itsna Muna Yaqin, Alamul