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All Journal Jurnal Akta Journal Analytica Islamica Legal Standing : Jurnal Ilmu Hukum Unes Law Review MIZAN, Jurnal Ilmu Hukum Al-Adalah: Jurnal Hukum dan Politik Islam SIGn Jurnal Hukum Jurnal Hukum Lex Generalis Jurnal Legisia Riwayat: Educational Journal of History and Humanities Jurnal As-Syar’i: Jurnal Bimbingan & Konseling Keluarga
Syaddan Dintara Lubis, Syaddan Dintara
Program Studi Magister Ilmu Hukum Fakultas Hukum Universitas Sumatera Utara
Religion Humanities Education Environmental Science Law, Crime, Criminology & Criminal Justice Physics Public Health Social Sciences

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The Crime of Kidnapping with Aggravation According to Islamic Criminal Law Afrianti, Tika; Lubis, Syaddan Dintara
SIGn Jurnal Hukum Vol 7 No 1: April - September 2025
Publisher : CV. Social Politic Genius (SIGn)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37276/sjh.v7i1.492

Abstract

The fragmentation of regulations on the crime of kidnapping within the Indonesian legal system—scattered across the Penal Code and sectoral laws—creates normative inconsistencies that risk injuring legal certainty. This condition necessitates a more coherent penal framework that is substantively just. On the other hand, Islamic criminal law (fiqh jinayah) categorizes kidnapping (ikhtithaf) as a ta’zir offense, which offers a flexible sanctioning mechanism based on the principles of maqashid syariah. This research offers a comparative analysis to bridge these normative inconsistencies by introducing the sanction aggravation framework of fiqh jinayah as a critical evaluative lens. Using a normative juridical method with statutory, conceptual, and comparative law approaches, this study analyzes primary and secondary legal materials from both legal traditions. The findings reveal a fundamental philosophical difference: positive law applies a rigid, procedurally-oriented system of sanction gradation, whereas fiqh jinayah provides a holistic and adaptive framework for punishment aggravation based on substantive justice. This penal model in fiqh jinayah is dynamically determined by the degree of violation against the protection of life (hifz al-nafs), lineage (hifz al-nasl), and property (hifz al-mal), while comprehensively considering victim characteristics, the modus operandi, and the consequences inflicted.
TINJAUAN HUKUM PIDANA DAN HUKUM PIDANA ISLAM TERHADAP PENIMBUNAN DAN PENJUALAN BBM BERSUBSIDI Sitompul, Ozi Suhendra; Lubis, Syaddan Dintara
Legal Standing : Jurnal Ilmu Hukum Vol. 8 No. 1 (2024): Januari-April
Publisher : Universitas Muhammadiyah Ponorogo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24269/ls.v8i1.8266

Abstract

This research aims to describe legal sanctions for perpetrators of criminal acts of hoarding and selling subsidized fuel according to criminal and Islamic criminal laws. The research method is empirical legal research using a legal sociological approach. Interviews or observations obtain primary data, and secondary data is from books, articles, or other reading sources. The data was analyzed using content analysis and case study analysis. So researchers can explore, analyze and interpret empirical data related to the social aspects of law. The results of this research explain that hoarding is prohibited in positive criminal law and Islamic criminal law. Sanctions in positive law are regulated in the Oil and Gas Law no. 22 of 2001 article 55, with a maximum penalty of imprisonment of 6 (six) years and a maximum fine of IDR 60,000,000,000.00 (sixty billion rupiah). Meanwhile, hoarding is known as the ta'zir punishment in Islamic criminal law. This illustrates that in the context of criminal law. However, there may be similarities in the conception of certain criminal acts, sanctions and punishment approaches can differ based on different legal bases.
Sanski Hukum Bagi Pelaku Hiperseks yang Mengakibatkan Kekerasan Dalam Rumah Tangga (KDRT) Yasmin, Aliya; Lubis, Syaddan Dintara
Legal Standing : Jurnal Ilmu Hukum Vol. 9 No. 2 (2025): Mei-Agustus
Publisher : Universitas Muhammadiyah Ponorogo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24269/ls.v9i2.11500

Abstract

Sexual urges that are very strong and challenging to control are reflected in hypersexuality, which can result in coercion, pressure, or even violent behavior. It can be difficult to recognize and address incidents of domestic violence involving hypersexual behavior. Because sociological juridical normative legal studies explore the meaning of hypersex, hypersexual variables, related cases, and hypersex, these findings help in building legal arguments. The hope is to maintain the welfare of every family member and build a family atmosphere free from sexual violence. Legal writing is included in the category of sociological jurisprudential normative legal research, trying to investigate legal penalties for those involved in hypersexual behavior that leads to sexual violence. Legal norms are the subject of the analysis of the internal perspective of this legal method. Legislation relating to the crime of sexual violence is secondary data referred to by this study. The findings of this study indicate that the elements of punishment for perpetrators of hypersex based on criminal law are a single/imperative formulation system, an alternative formulation system, and a cumulative formulation system. While based on Islamic criminal law, ta'zir punishment is a sanction that can be given to those who commit violations including sexual violence. In addition, the type of ta'zir punishment also differs depending on the choice of the government judge or ulul amri based on ijtihad.
Analisis Yuridis Actio Pauliana terhadap Penyitaan Boedel Pailit (Studi Putusan Mahkamah Agung Nomor 560 K/Pdt.Sus-Pailit/2021) Maha, Havizah; Lubis, Syaddan Dintara
UNES Law Review Vol. 6 No. 1 (2023)
Publisher : Universitas Ekasakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31933/unesrev.v6i1.902

Abstract

The Bankruptcy Law regulates actio pauliana. Bankruptcy cases in actio pauliana lawsuits are regulated in Article 41-42 of Law No. 37 of 2004 concerning Bankruptcy and PKPU and actio pauliana lawsuits in bankruptcy are the absolute authority of the curator, especially bankrupt debtors in a state of insolvency. However, the Supreme Court through Decision Number 560 K/Pdt.Sus-Pailit/2021 canceled the Actio Pauliana decision in the Medan Commercial Court decision Number 3/Pdt.Sus-lain other/PN Niaga Mdn and Case Register Number 1/Pdt.Sus-Actio Pauliana /2018/PN.Niaga.Mdn Jo Number 16/Pdt.Sus-PKPU/2017/PN Niaga Medan The Commercial Court has granted the actio Pauliana submitted by the Curator. The purpose of this writing is to analyze why the Supreme Court canceled the actio pauliana which had been granted by the Medan Commercial Court. The method used is normative juridical with a statutory approach and court decisions. The results of the study show that the actio pauliana case does not fulfill the elements of "other matters" in article 3 paragraph one (1), namely that the third party's resistance to the confiscation was not included in the proceedings but the third party had previously intervened but was rejected. If you look at the requirements for the actio pauliana lawsuit in accordance with Law No. 37 of 2004 concerning Bankruptcy and PKPU, it has met the requirements.
Inculcation of Pancasila Ideological Values in Preventing Ideologically Motivated Criminal Acts of Terrorism Budhiawan, Adlin; Lubis, Syaddan Dintara
JURNAL AKTA Vol 11, No 1 (2024): March 2024
Publisher : Program Magister (S2) Kenotariatan, Fakultas Hukum, Universitas Islam Sultan Agung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/akta.v11i1.33672

Abstract

Instilling the ideological value of Pancasila to everyone has an inseparable importance in the life of the state. Pancasila is a value system that is extracted from the noble values of the Indonesian nation. These values have existed long before Indonesia's independence. It's just that now people's understanding of the ideological values of Pancasila is getting weaker in the life of the nation and state, this can be seen from the increasing issues of radicalism and terrorism that threaten the integrity of the state. The meaning of terrorism in Law Number 5 of 2018 is explicitly described that there is a motive/reason/cause of terrorism caused by the ideological motive behind the act of terrorism. Terrorism is implicitly described that there is a role of ideology as a motive for criminal acts of terrorism that cannot be underestimated. This paper tries to apply the approach in two analyses related to the problem under study. First, it tries to identify the extent to which Pancasila ideology has been instilled and reacted to the prevention of ideologically motivated terrorism crimes. Second, it tries to identify the extent to which the values of Pancasila ideology have been applied in the face of terrorism. The results found are the factors that cause the occurrence of ideologically motivated acts of terrorism in Indonesia due to the inability of a person to understand and apply the values of Pancasila ideology, especially the 1st, 2nd, and 3rd precepts comprehensively in life. The tendency to "deify" other ideologies such as religious radicalism and misunderstanding of these ideologies, actually leads to thoughts and acts of terror that justify all means to achieve their goals.
Co-Authors Afrianti, Tika Al Qodri, Dhuha Binti Mohamed Zulkaffly*, Siti Nur Khamsani Budhiawan, Adlin Elsura, Aqliyah Hafifah Fakira, Qania Athaya Lubis, Suci Dini Maha, Havizah Muhammad, Rizky Sitompul, Ozi Suhendra Yasmin, Aliya