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All Journal International Conference on Health Science, Green Economics, Educational Review and Technology (IHERT)
Asmi Hasibuan, Syaiful
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Computer Science & IT Economics, Econometrics & Finance Education Health Professions

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ANALYSIS OF ISLAMIC CRIMINAL LAW AND POSITIVE LAW (CASE STUDY OF DICE GAMBLING FACILITATOR) Arisandi Ritonga, Dedi; Asmi Hasibuan, Syaiful; Zarzani, T. Riza
International Conference on Health Science, Green Economics, Educational Review and Technology Vol. 6 No. 1 (2024): 7th IHERT (2024): IHERT (2024) FIRST ISSUE: International Conference on Health
Publisher : Universitas Efarina

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.54443/ihert.v6i1.353

Abstract

Gambling, a practice long prohibited and criticized in many legal and religious traditions, persists in various societies. In the District of Dolok, North Padang Lawas Regency, a unique phenomenon has emerged where dice gambling becomes a part of marriage rituals. Although only practiced by a few, the existence of this gambling raises legal and ethical questions. The discussion focuses on: What are the legal sanctions for facilitators of dice gambling in marital traditions according to positive law and Islamic law in Indonesia? This research was conducted with a qualitative approach, analyzing positive legal literature and Islamic law, and adopting local understanding from the District of Dolok to understand the tradition and its implications. Research Findings: According to Islamic law, gambling falls under the category ofjarimah ta'zir, with reference from the Qur'an. Jarimah ta'zir can be in the form of whipping, imprisonment, or fines as per the head of government's regulations. Meanwhile, under Indonesian positive law, based on Article 303 paragraph (1) number 2 of the Criminal Code, perpetrators or facilitators of gambling can be sentenced to imprisonment or fines. The similarity between the two laws is that both establish the option of punishment in the form of imprisonment or fines. The author's suggestion is that local government and religious leaders in the District of Dolok should collaborate to provide education to the community about the negative impacts of gambling and the importance of respecting the applicable laws. Despite being bound by tradition, it is crucial for the community to understand and respect the limits of law and ethics.
Co-Authors Arisandi Ritonga, Dedi Tengku Riza Zarzani N