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All Journal Journal of Islamic and Occidental Studies (JIOS) Proceeding of International Conference on Humanity Education and Society
Abdurrahman, Usamah
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Religion Humanities Economics, Econometrics & Finance Education Languange, Linguistic, Communication & Media Social Sciences Other

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THE VIOLENCE DURING POLICE INVESTIGATIONS REVIEWED FROM FIQH AL-JINAYAH Awalia, Fadhila Tianti Mudi; Susilo, Dafa’ Alifta Akbar; Rachmawati, Andini; Abdurrahman, Usamah
International Conference on Humanity Education and Society (ICHES) Vol. 3 No. 1 (2024): Third International Conference on Humanity Education and Society (ICHES)
Publisher : FORPIM PTKIS ZONA TAPAL KUDA

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Abstract

In the field of law enforcement, cases of violence perpetrated by the police often occur within the context of police investigations. Acts of violence during police inquiries are complex and controversial. Police violence in the investigative process, aimed at obtaining evidence or confessions, cannot be justified under any circumstances. In Islamic law, acts of violence by law enforcement officials during investigations are also prohibited, as regulated in the fiqh jinayah which outlines clear penalties for offenders. The objective of this research is to comprehend the occurrence of violence during police investigations and examine the jurisprudential perspective on such cases. This study falls under legal research, particularly normative juridical research, involving an examination of legal principles. It is a literature review where data is obtained from existing literature. The research employs descriptive analysis and an analytical approach to the phenomenon of violence in police investigations. After analysis, it can be concluded that acts of violence in police investigations violate Regulation of the Chief of the Indonesian National Police (Kapolri) Number 8 of 2009 and Regulation of the Chief of the Indonesian National Police Number 14 of 2011. From the perspective of fiqh in criminal jurisprudence, cases of violence during investigations can be categorized as jarimah Qishash and jarimah ta'zir, where perpetrators of violence should receive similar punishment. The application of ta'zir depends on the discretion of the judge imposing the penalty. Recommendations regarding these cases include the necessity for investigations to adhere more closely to established regulations, such as those set by the Chief of Police or fiqh jinayah, concerning the investigative process. Relevant authorities should also conduct stricter oversight of investigative procedures to prevent further violence during investigations.
Islamofobia di Indonesia dan Tantangan Pewacanaannya: Islamophobia and the Challenges of its Discourse in Indonesia Abdurrahman, Usamah; Al Hakim, Ahmad Hilmy Luqman
Journal of Islamic and Occidental Studies Vol. 3 No. 1 (2025): Journal of Islamic and Occidental Studies
Publisher : Center of Islamic and Occidental Studies

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21111/jios.v3i1.52

Abstract

This paper aimed to situate the concept of islamophobia and portray its conditions in Indonesia. It first attempted to clarify the meaning of islamophobia by elaborating it as categorized by Ozcan Hidir into two categories: 1.0 and 2.0. From there, the author tried to point out a number of phenomena that illustrate the practice of islamophobia in Indonesia by classifying them based on three historical periods: before the Proclamation of Independence, from the Proclamation of Independence to the 9/11 and the Bali bombings, and from the 9/11 and the Bali bombings to the present.  With reference to these three periods, the author then analyzed that in the colonial era, islamophobia was generally practiced by the Dutch East Indies government to discipline the natives who positioned Islam as a symbol and spirit of collective resistance. In the second period, the disciplinary process was practiced by secular elites in the government circles in both the Soekarno and Soeharto periods. As for the third period, islamophobia applies in the form of eliminating certain groups of Muslims who are considered intolerant and labeled radicals, fundamentalists, and terrorists. From there, the author then clarified a number of arguments above that hinder the discourse of islamophobia in Indonesia. Based on Islamophobia 1.0 and 2.0, the author found that irrational hatred and fear of Islam or Muslims in Indonesia is real, as well as the branding or stereotyping of Islam and Muslims with certain negative terms to be generalized to all Muslims also occurs in this country.
Co-Authors Al Hakim, Ahmad Hilmy Luqman Awalia, Fadhila Tianti Mudi Rachmawati, Andini Susilo, Dafa’ Alifta Akbar