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Journal : RESLAJ: RELIGION EDUCATION SOCIAL LAA ROIBA JOURNAL

Analisis Yuridis dan Pandangan Hukum Pidana Islam Anak yang Membawa Senjata Tajam untuk Aksi Tawuran Wahyu Shuhada; Ramadhan Syahmedi Siregar
Reslaj : Religion Education Social Laa Roiba Journal Vol 5 No 6 (2023): Reslaj: Religion Education Social Laa Roiba Journal
Publisher : LPPM Institut Nasional Laa Roiba Bogor

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47467/reslaj.v5i6.1070

Abstract

Sharp weapons are very useful and necessary in terms of arming oneself or defending or defending oneself from things that threaten the soul, but if misused or used is not in accordance with applicable laws and regulations, this research using normative legal research does not recognize field research ( field research) because what is being studied is legal materials so that it can be said to be library based, focusing on reading and analysis of the primary and secondary material. This research will then draw a conclusion regarding Juridical Analysis and Islamic Criminal Law Views of Children Carrying Sharp Weapons for Fighting Actions on a decision study (Number 70/Pid.Sus-Children/2022/PN Mdn). In Indonesia, the use of sharp weapons without rights and without permission is strictly prohibited because it can injure other people, therefore the State of Indonesia makes rules that prohibit its people fortunately not to carry or use sharp weapons carelessly which is contained in the Emergency Law of the Republic of Indonesia number 12 of 1951 Article 2 paragraphs 1 and 2. According to Islamic law there is no normative argument regarding criminal sanctions, especially in the form of imprisonment, because criminal sanctions against children in Islam are ta'dib (education) which are handed over to the waliyul amri (leader) Keywords: Children, sharp weapons, crime
Analisis Hukum Pidana Positif dan Hukum Pidana Islam terhadap Aliran Sesat sebagai Modus Operandi Dalam Melakukan Tindak Pidana di Indonesia Rizka Hanum Mendrofa; Ramadhan Syahmedi Siregar
Reslaj : Religion Education Social Laa Roiba Journal Vol 5 No 6 (2023): Reslaj: Religion Education Social Laa Roiba Journal
Publisher : LPPM Institut Nasional Laa Roiba Bogor

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47467/reslaj.v5i6.1138

Abstract

Heretical sects are teachings or activities that deviate from religious norms. Misguided sects that are currently happening a lot both in Indonesia and in the world are sects that violate human rights. Apart from deviating from our spirituality and beliefs in religion, this sect also makes its followers victims of criminal acts by the sect leaders themselves. In collecting data the author uses normative juridical methods. The normative juridical method is library law research by examining library materials or with primary legal materials and secondary legal materials that support the author's research. The results of this study indicate that the modus operandi in committing a crime can be done in the name of religion. where this concerns the problem of our spirituality to God Almighty. This study concludes that deviant sects are also regulated in the Criminal Code where the sanctions for the perpetrators are in accordance with the conditions of the crime they committed. In the perspective of Islamic criminal law, the spread of deviant sects can be as Jarimah Hudud. In Criminal Law, efforts to overcome heretical sects are inseparable from the concept of crime prevention and in the Islamic view by strengthening faith and strengthening monotheism to Allah SWT Keywords : Heretical sects, Modus operandi, Criminal acts