Astutik, Zulfiani Ayu
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Journal : Indonesian Comparative Law Review

Theft under Islamic and Indonesian Criminal Law Astutik, Zulfiani Ayu; Wibowo, Muhammad Rafif; Mulloh, Ahmad Fahmi Ilham; Diva, Adilla Putri
Indonesian Comparative Law Review Vol 5, No 1 (2022)
Publisher : Universitas Muhammadiyah Yogyakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.18196/iclr.v5i1.15124

Abstract

Theft  violates both  legal and religious norms  and it is a crime  under Islamic and Indonesian Criminal Law .  The study aims at comparing the regulation of theft both in Indonesia and in Islam. This normative legal research relies on secondary data and employs comparative approach. Comparison is made to explore the similarities and differences between Islamic criminal law and Indonesian criminal law with regard to theft especially on how this crime defined, the form of punishment , the requirement for imposing the punishments, and how effective are these punishment to deterring people from committing theft. The results of the study show that the use of imprisonment for theft as adopted in the Indonesian Penal Code seems to be ineffective for controlling theft cases. Hadd punishment as introduced in Islamic criminal law seems to be more promising for addressing the increasing number of theft cases. This is so because the application of cutting hand off not only prevents the thief to repeat the crime  but also  preventing others to do the same. Therefore, both special and general deterrence purposes are satisfied.
The Handling of Armed Criminal Groups in Papua: Ended with Secession? Rinasti, Avi Lupi; Alfarizi, Mohammad Hanaan; Noveliani, Regita Ryan; Farhansyah, Bagaskara Yonar; Astutik, Zulfiani Ayu
Indonesian Comparative Law Review Vol 4, No 2 (2022)
Publisher : Universitas Muhammadiyah Yogyakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.18196/iclr.v4i2.15122

Abstract

The Papuan Armed Criminal Group (KKB) has been a hereditary problem for the Indonesian government. Their demand to secede from the Republic of Indonesia was the main reason why this group was formed. Because the Government has not responded to the demands of the KKB, it led this group to carry out acts of terror against the society in Papua. One of the cases that have recently attracted media attention is the KKB’s attack that killed several workers in Beoga, Puncak district, Papua. The study aims to analyze and evaluate the settlement of terrorism cases carried out by KKB. This normative legal research relied on secondary data. The results of the study indicate that in international law, the context of referendum exists only in the context of decolonization and non-self-governing territory. The government's move by considering the KKB as a separatist terrorist group and not accepting KKB's demands for a referendum or mediation is one of the right steps. Acts of terrorism cannot be tolerated even though they are related to human rights because it is regulated in legislation
The Legal Status of Azov Sea and the Kerch Strait: Ukraine v. Russia Astutik, Zulfiani Ayu; Özaltın, Mert Ahmet
Indonesian Comparative Law Review Vol 3, No 2 (2021)
Publisher : Universitas Muhammadiyah Yogyakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.18196/iclr.v3i2.11576

Abstract

The Black Sea has been the scene of conflict between coastal states throughout history. Recently, emerging Russia-Ukraine tension continues. The Russian Federal Security Service ("FSB") destroyed and captured three Ukrainian Military Ships and detained 24 of its personnel on November 23, 2018. As the dispute continued, Ukraine finally raised the matter to the International Tribunals on Law of The Sea ("ITLOS"). This tension, which reaches a hot conflict point from time to time, causes legal changes in the Black Sea eventually. This article discusses the current legal status of Crimea, the Sea of Azov, and the Kerch Strait and aims to explain from the perspective of Russia, Ukraine, and Turkey. The study shows how the conflict environment in the region has a changing effect on the existing maritime borders and whether Russia’s act is a part of violation of the UNCLOS and International Law.