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All Journal Bengkoelen Justice : Jurnal Ilmu Hukum Ta'zir: Jurnal Hukum Pidana Journal of Sharia and Legal Science
Ikhsan, Rd. Muhammad
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Religion Humanities Law, Crime, Criminology & Criminal Justice Social Sciences

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RESTORATIVE JUSTICE ON BLASPHEMY CASES: OVERVIEW OF THE PROSECUTORS ROLE AND LEGAL REFORM Ikhsan, RD. Muhammad; Hamonangan Albariansyah; Neisa Ang rum Adisti; Henny Yuningsih; Banjarani, Desia
Bengkoelen Justice : Jurnal Ilmu Hukum Vol. 14 No. 2 (2024): November 2024
Publisher : Universitas Bengkulu

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33369/jbengkoelenjust.v14i2.32363

Abstract

The absence of a clear definition and limitation of blasphemy can threaten justice in law enforcement in Indonesia. This has an impact on the process of resolving the blasphemy cases. Thus, the settlement of the penal or the courts in the settlement of blasphemy cases is considered ineffective. Based on that background, the problems that will be raised in this research are: How is the criminal law reform related to blasphemy in Indonesia based on the concept of restorative justice? How can the Prosecutor's Office play a role in the reformulation of blasphemy based on the concept of restorative justice? This study uses a descriptive normative research method with a qualitative approach. The research approach used is the statutory approach.The results of the study show that law enforcement in blasphemy tends to lead to pros and cons. This is due to problems with the regulation of blasphemy in Indonesia. There is no concrete definition of blasphemy and limitation on blasphemy in various laws in Indonesia. Therefore, there is a need for reformulation of blasphemy in Indonesia, one of which is through non-penal ways based on the concept of restorative justice by Law Enforcement Officials in Indonesia, one of which is the Prosecutor's Office. The reformulation is by: reforming legal regulations and provisions in the National Criminal Code and Draft of Criminal Procedure (RKUHAP); reformulation of administrative sanctions; and reformulation through penal mediation. Keywords: Blasphemy, Prosecutor's Office, Restorative Justice.  
Kekerasan dalam Mendisiplinkan Anak: Telaah Batasan dan Celah dalam Pertanggungjawaban Pidana di Indonesia Rani, Febrina Hertika; Samsul, Samsul; Ikhsan, Rd. Muhammad; Ardha, Dea Justicia
Journal of Sharia and Legal Science Vol. 3 No. 3 (2025): Journal of Sharia and Legal Science
Publisher : CV. Doki Course and Training

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61994/jsls.v3i3.1448

Abstract

In Indonesian positive law, the prohibition of all forms of child abuse is not only present as a legal norm, but also as a moral commitment of the state to guarantee the dignity and safety of children. However, the reality on the ground shows that violence against children still often occurs in closed domestic spaces. Some of these acts are justified on the grounds of discipline, as if the use of physical violence were a legitimate tool in the parenting process. This study aims to identify and understand the precise limits of physical violence that is justified as child discipline under Indonesian positive law and to determine whether there are legal loopholes that allow parental violence in the context of discipline to go unpunished. This study uses normative legal research, an approach that centres legal texts and norms. Indonesian positive law, in principle, prohibits all forms of violence against children. However, the regulations do not provide a clear limit on which disciplinary actions remain justifiable. In other words, the legal boundaries exist normatively, but are not explicitly and operationally articulated so that they can be easily applied in practice. When these provisions are applied in practice, it is clear that there are still significant ambiguities and legal loopholes, namely, the absence of a definition or limitation of discipline in positive law. The existence of room for subjective interpretation by officials and judges. Socio-cultural constructs that still legitimise corporal punishment. The linking of violent offences to the element of injury, so that 'minor' violence often goes unpunished. The absence of explicit norms prohibiting physical violence as a form of child discipline. The lack of consistent law enforcement guidelines and jurisprudence. It is this law that opens up the possibility of impunity, namely, the suboptimal criminal accountability of perpetrators of violence who hide behind the excuse of discipline.
ASPECTS OF ISLAMIC CRIMINAL LAW IN REALIZING A CORRUPTION-FREE INDONESIA Pasyah, Taroman; Nashriana, Nashriana; Ikhsan, Rd. Muhammad; Taslim, Taslim
Tazir Vol 9 No 2 (2025): Ta'zir: Jurnal Hukum Pidana
Publisher : Universitas Islam Negeri Raden Fatah Palembang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.19109/tazir.v9i2.31249

Abstract

As an extraordinary crime, and which can damage the state system, and can endanger the survival and life of the community. Corruption is a complex phenomenon that has a number of causative factors, as reported by the  KPK website there are two factors that cause corruption crimes, namely, internal and external factors. Internal factors are factors that come from oneself. While external factors are factors that come from outside oneself. The rampant criminal act of corruption, with the weak laws and regulations, so that it becomes an entrance for corrupt perpetrators to launch their actions by committing corruption crimes in the country. Even though many efforts have been made by the state, corruption is still increasing both in terms of the quantity of cases and even the quality of corruption crimes that occur tend to be more systematic, more widespread in almost all aspects of people's lives. Departing from the rampant crime of corruption, it is time for the government and law enforcement officials to examine other sources and legal systems in the current national legal system. This research is a normative research that examines the system and sources of law in Islamic law, as a step to realize a corruption-free Indonesia, using the principles of Islamic criminal law.  There are many references that can be used as a reference in efforts to enforce Islamic criminal law in this country, including the prohibition of accepting bribes (riswah), the example of leaders, and the law that is commensurate and mutually supportive and reminding the leaders of the state and the community.
Co-Authors Ardha, Dea Justicia Banjarani, Desia Hamonangan Albariansyah Henny Yuningsih Nashriana, Nashriana Neisa Ang rum Adisti Rani, Febrina Hertika Samsul Samsul Taroman Pasyah Taslim Taslim