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Perlindungan Hukum terhadap Anak sebagai Pelaku Penyalahgunaan Narkotika melalui Media Digital: Studi Kompratif Hukum Islam dan Hukum Positif Indonesia Patra, Yusril Aulia; Iksan, Muchamad; Yuspin, Wardah
Jurnal Ilmu Sosial dan Humaniora Vol. 2 No. 1 (2026): JANUARI-MARET
Publisher : Indo Publishing

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.63822/c43fza62

Abstract

Drug abuse by children is now developing through new patterns based on digital technology, such as transactions via social media, encrypted communication, and the influence of online social media. This situation places children in two positions simultaneously: as perpetrators of drug abuse and as victims of telematic crimes that exploit their vulnerability. This article analyzes the legal protection of children as perpetrators of drug abuse through digital media using a comparative approach between Islamic law and Indonesian positive law. Using a normative juridical method, this study finds that Islamic law emphasizes the protection of the soul and mind through the maqashid sharia, so that moral rehabilitation and spiritual development are priorities in child care. Meanwhile, Indonesian positive law, through the SPPA Law and the Narcotics Law, positions children as parties who must be protected with a rehabilitative and restorative justice approach, including when drug abuse is carried out through electronic means. The results of the study indicate that the development of telematic modes in drug abuse requires stronger harmonization between Islamic legal values and national regulations to provide comprehensive protection for children amid the rapid threat of digital crime against the younger generation.
Review Of The Punishment Of Substitute Money And Its Consequences In The Criminal Act Of Corruption (Study Of Decision Number 51 / Pid. Sus-Tpk/2020/Pn. Smg) Romli Mukayatsyah; Natangsa Surbakti; Muchamad Iksan
Jurnal Indonesia Sosial Teknologi Vol. 4 No. 10 (2023): Jurnal Indonesia Sosial Teknologi
Publisher : Publikasi Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59141/jist.v4i10.754

Abstract

Payment of substitute money is an additional crime imposed by the panel of judges to recover state financial losses, as in Decision Number 51/Pid.Sus-TPK/2020/PN. Smg. The verdict is interesting to examine, what is the result of the panel of judges imposing additional penalties in the payment of substitute money in accordance with the purpose of the law, as well as how the view according to Islam. The study aims to analyze the consequences of the panel of judges imposing an additional criminal judgment on the payment of substitute money in Decision Number 51/Pid.Sus- TPK/2020/PN. Smg and his views according to Islam. The research is normative legal research, with a statutory approach and a conceptual approach, legal materials in the form of primary, secondary, and non-legal, the object of research is Decision Number 51 / Pid.Sus-TPK / 2020 / PN. Smg. Techniques for collecting legal materials with literature studies, with deductive analysis methods. The results of the study, as a result of which the judge's consideration did not clearly outline the calculation of state money used by the convict, imperfect defects, and non-achievement of legal objectives. Additional penalties for payment of substitute money according to Islam can be imposed on the convict because the property of Allah SWT is a mandate that must be accounted for its use