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All Journal Jurnal Ilmiah Hukum LEGALITY International Journal Reglement & Society (IJRS)
Hambali Yusuf
University of Muhammadiyah Palembang
Environmental Science Law, Crime, Criminology & Criminal Justice Social Sciences

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MODEL PENYELESAIAN ALTERNATIF PERKARA PIDANA DALAM HUKUM ISLAM DAN RELEVANSINYA DENGAN PEMBAHARUAN HUKUM PIDANA INDONESIA Hambali Yusuf; Saifullah Basri
Legality : Jurnal Ilmiah Hukum Vol. 26 No. 1 (2018): Maret
Publisher : Faculty of Law, University of Muhammadiyah Malang

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Abstract

Many criminal cases that are not resolved either at the level of appeal or cassation level is an indication that there are problems in law enforcement. Islamic Criminal Justice provides much alternative settlement of criminal cases by maintaining a balance of the interests of the victim, the community, the State and the offender. This research aims to analyze the model, explain the alternative settlement of criminal cases in the Islamic law; how setting the model settlement of criminal cases in the Islamic law can be used as a model settlement of criminal cases in the criminal law of Indonesia, to find a model settlement of criminal cases in the Islamic law of relevance to criminal law updates Indonesia.    This research got that setting jarimah qishas-diyat placed as a kind of private law as rights adami. Setting model jarimah-diyat can allow made a model in settlement of a criminal offence in the criminal law of Indonesia in line with developments in the modern criminal law sanctions governing sanctions fines or compensation for victims.  Setting model jarimah-diyat can allow made a model in settlement of a criminal offence in the criminal law of Indonesia in line with developments in the modern criminal law sanctions governing sanctions fines or compensation for victims.
Policy And Criminal Law Enforcement Against The Perpetrators S Of Corruption: “Reorientation Objective Of Condemnation” Hambali Yusuf
International Journal Reglement & Society (IJRS) Vol 2, No 3 (2021): September-December
Publisher : International Journal Reglement & Society (IJRS)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55357/ijrs.v2i3.191

Abstract

This article is a reorientation of the objectives of corruption condemnation.The  problem that arises is the imprisonment election policy  as the primary penalty which is not in line with the philosophy of  criminal law objectives in the economic field.The criminal formulation policy is the most strategically determining the law enforcement policy by judge. The policy on the formulation of imprisonment in Corruption Law Act is at the most , both formulated in cumulative fines or mulative alternative fines penalties. The imprisonment have many weakness,  some  criticism comes from academic and international institutions.The effectiveness of imprisonment and fines is highly questionable. The objective of EAS needs to be reoriented, which is from the condemnation retaliation objective of imprisonment to the returning the State losses by fines penalty, namely by optimizing fines penalty.In addition there are two fundamental reasons, first, the philosophical issue, that the objective of the imprisonment should provide a justice sense  for all the parties, which in turn  away from justice sense. econdly, a theoretical problem is found, where the theories of imprisonment cannot explain the benefits of imprisonment both for the convicted, for the victim, and for the society. There are two conclusions, that the imprisonment policy is not effective in achieving the objective of corruption condemnation to protect the State's financial losses from corruption .The sentencing of both imprisonment and fines for the perpetrators are still very low and do not represent  criminal sanctions as an extraordinary crimes.
Co-Authors Saifullah Basri