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All Journal JURNAL HUKUM Jurnal Ilmiah Mizani: Wacana Hukum, Ekonomi Dan Keagamaan
Andri Winjaya Laksana
Universitas Islam Sultan Agung Semarang
Religion Humanities Social Sciences

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PEMIDANAAN CYBERCRIME DALAM PERSPEKTIF HUKUM PIDANA POSITIF Andri Winjaya Laksana
Jurnal Hukum Vol 35, No 1 (2019): Jurnal Hukum
Publisher : Unissula

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26532/jh.v35i1.11044

Abstract

Cybercrime is a crime that uses computers as a tool and crimes that target computers. With the enactment of Law Number 11 of 2008, which includes and regulates everything about cybercrime, it has made it easier for efforts to combat cybercrime in Indonesia. In this Law, imprisonment is still dominant in imposing crimes against cybercriminals. Due to the characteristics of cybercrime perpetrators that are unique and different from the characteristics of conventional criminals, including perpetrators who are relatively young, educated, respectable people, skilled in operating computers and their application programs like technological, creative, and resilient challenges, it is necessary to deal with them separately. which is different from other criminal offenders. This is based on the concept of individualization of punishment, that the crime must be in accordance with the convict's condition by observing the principle of mono dualistic balance. Supervision punishment, or social work punishment, and criminal fines, compensation, and certain actions can be used as an alternative to short-term imprisonment against cybercrime offenders.
Fiqh Jinayah's Approach to Children Trapped in the Octopus of Narcotics Trafficing Andri Winjaya Laksana; Moh. Nurul Huda; Hendro Widodo; Dzaka Imtiyaz Iqbal; Doni Catur Saefudin
Jurnal Ilmiah Mizani: Wacana Hukum, Ekonomi Dan Keagamaan Vol 12, No 1 (2025): April
Publisher : Faculty of Sharia (Islamic Law) at Fatmawati Sukarno State Islamic University Bengkulu

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.29300/mzn.v12i1.4888

Abstract

The aim of this research is to analyze children in the narcotics distribution chain, as well as analyze the practice of jinayah fiqh in handling children as narcotics dealers. This research uses normative juridical research methods. This research is descriptive in nature, data collection in this research uses library research. The results of this research are that the ideal treatment according to jinayah fiqh is to give children the opportunity to repent. Ta’zīr sanctions can be imposed but the punishment must be proportional to the child's age and level of understanding. The state has a responsibility to prioritize religious rehabilitation as a form of protecting children's rights as well as an effort to break the chain of exploitation of children by narcotics networks. The academic contribution of this study lies in its proposed integrative approach model between fiqh jinayah and the principles of child protection within Indonesia's positive legal framework. This research provides both theoretical and practical foundations for policymakers, law enforcement officials, and Islamic educational institutions in designing more humane and transformative policies for handling children involved in drug-related offenses. The academic contribution of this study lies in offering an integrative model that bridges fiqh jinayah with contemporary child protection principles under Indonesia’s legal system, enriching scholarly discourse on Islamic criminal law and juvenile justice. Practically, this research provides a foundational framework for policymakers, law enforcement, and Islamic educational institutions to formulate more humane, restorative, and spiritually grounded responses to juvenile involvement in drug-related offenses
Co-Authors Doni Catur Saefudin Dzaka Imtiyaz Iqbal Hendro Widodo Moh. Nurul Huda