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All Journal Veteran Law Review Jurnal Penelitian Hukum De Jure
Mimin Mintarsih
Universitas Islam Jakarta
Humanities Law, Crime, Criminology & Criminal Justice

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Elektronik Dalam Pembuktian Unsur Mens Rea Pada Tindak Pidana Korupsi: Studi Kasus Penyalahgunaan Wewenang Farah Faricasari Firjatullah Faqih; Mimin Mintarsih
Veteran Law Review Vol 9 No 1 (2026): Mei 2026
Publisher : Faculty of Law |Universitas Pembangunan Nasional "Veteran" Jakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35586/velrev.v9i1.11175

Abstract

The development of information technology has given rise to new forms of electronic evidence that are crucial in the enforcement of criminal law. In the context of corruption, various cases show that digital evidence such as emails, instant messages, recorded conversations, or banking transactions often becomes the key to uncovering the modus operandi and criminal patterns. This study aims to examine the position of electronic evidence in the evidentiary system of corruption crimes in Indonesia and evaluate its role in proving the mens rea (criminal intent) element in corruption cases involving abuse of authority. The research method used is normative legal research with a literature review approach. The results indicate that electronic evidence is normatively recognized as valid within the evidentiary system in Indonesia and plays a significant role in proving mens rea in cases of abuse of authority. Digital information helps strengthen allegations of intent by showing plans or hidden motives in corruption acts. Therefore, clear regulations and improved capacity of law enforcement officials are essential so that electronic evidence can be optimally utilized without disregarding the principles of a fair trial.
Kontestasi Konsep Persetujuan : Rekonstruksi Komparatif Perkosaan dalam Perkawinan Berdasarkan Hukum Pidana Indonesia dan Hukum Islam Mimin Mintarsih; Lukman Mahdami; Ahyar Ari Gayo; Ratna Galuh Manika Trisista
Jurnal Penelitian Hukum De Jure Vol 25 No 3 (2025): Edisi November
Publisher : Law Policy Strategy Agency, Ministry of Law of The Republic of Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30641/dejure.2025.V25.201-218

Abstract

Marital rape is an issue that generates contestation over the concept of consent within marital relations. In Indonesian criminal law, rape is generally understood as a crime that occurs outside marriage, whereas in Islamic law, sexual relations are viewed as part of mutual rights and obligations between husband and wife. This difference in paradigm creates conceptual tension regarding the boundaries between duty, rights, and consent within marriage. This study arises from a literature gap, as previous research has not comprehensively examined the interrelation between the concept of consent in Indonesian criminal law and the concept of riḍā in Islamic law. Existing studies tend to separate the two frameworks without exploring their potential normative and moral intersections as a foundation for legal development. The study aims to comparatively reconstruct the meaning of consent in the context of sexual coercion within marriage according to Indonesian criminal law and Islamic law. The research employs a normative juridical method with statutory, conceptual, and comparative approaches, analyzing the Old and New Criminal Codes, the Law on Sexual Violence Crimes, the Law on the Elimination of Domestic Violence, as well as fiqh principles and maqāṣid al-syarī‘ah. The findings reveal that both legal systems reject sexual coercion, yet differ in their normative foundations, moral objectives, and forms of legal recognition. A comparative reconstruction is therefore required through the reinterpretation of the concept of riḍā in Islamic law and the affirmation of equality principles within national criminal law, in order to strengthen the recognition of consent in marital relations. These findings demonstrate a substantive convergence between positive law and Islamic principles in upholding justice, consent, and individual dignity, while opening pathways for the development of a more responsive legal framework regarding marital rape in Indonesia.
Co-Authors Ahyar Ari Gayo Farah Faricasari Firjatullah Faqih Lukman Mahdami Ratna Galuh Manika Trisista