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All Journal Jurnal Akta Al-Mashlahah: Jurnal Hukum Islam dan Pranata Sosial DE LEGA LATA: Jurnal Ilmu Hukum Unes Law Review Jurnal Interpretasi Hukum Jurnal CENDIKIA ISNU Jurnal Cendikia ISNU SU Jurnal Pengabdian Masyarakat Indonesia Jurnal Ilmiah Mizani: Wacana Hukum, Ekonomi Dan Keagamaan
Mhd Yadi Harahap
Universitas Islam Negeri Sumatera Utara
Religion Arts Humanities Education Environmental Science Law, Crime, Criminology & Criminal Justice Physics Public Health Social Sciences Other

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The Dualism of the Arrangement of Jarimah Khamar and Maisir: A Comparison of Uqubat and Witnesses between Qanun Jinayat Aceh and the Criminal Code in 2023 Romel Tarigan; Mhd Yadi Harahap
Jurnal Cendikia ISNU SU Vol. 3 No. 1 (2026): ISNU Cendikia Mei
Publisher : ISNU Sumatera Utara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.70826/jcisnu.v3i1.1323

Abstract

The dualism of the regulation of jarimah khamar and maisir in Indonesia is a consequence of the recognition of legal pluralism in the national legal system. Qanun Jinayat Aceh as a criminal law based on Islamic sharia coexists with the 2023 Criminal Code as a national criminal law. These fundamental philosophical and normative differences cause differences in the formulation of delik, the type of uqubat, as well as the system of proof and witnesses, which has the potential to give rise to legal uncertainty and differences in legal treatment of legal subjects. This study aims to analyze and compare the arrangement of jarimah khamar and maisir between the Qanun Jinayat Aceh and the 2023 Criminal Code, focusing on the difference in uqubat and witness provisions. This study also aims to examine the normative implications of the regulatory dualism in the context of the national criminal law system. The research method used is normative legal research with legislative, conceptual, and comparative legal approaches. Legal materials consist of primary legal materials in the form of related laws and regulations, as well as secondary legal materials in the form of literature, scientific journals, and the doctrine of criminal law and fiqh jinayah. The analysis is carried out qualitatively through systematic and teleological interpretation. The results of the discussion show that Qanun Jinayat Aceh views khamar and maisir as jarimah that threaten the moral and religious order of society, so that uqubat is formulated in the form of ta'zir sanctions that are symbolic and preventive, with a proof system influenced by the principles of fiqh jinayah. The 2023 Criminal Code regulates similar acts within the framework of modern criminal law that focuses on public order and legal certainty, with criminal sanctions of imprisonment and fines as well as a national evidentiary system. This study concludes that the dualism of regulation reflects the challenge of harmonizing national criminal law in a pluralistic legal state, so that legal policies are needed that are able to bridge religious values, legal certainty, and human rights protection proportionately.
Criminal Acts of Persecution in the Perspective of Islamic Criminal Law and the Criminal Code: A Comparative Analysis of Concepts and Sanctions Fery Dianta Ginting; Mhd Yadi Harahap
Jurnal Cendikia ISNU SU Vol. 3 No. 1 (2026): ISNU Cendikia Mei
Publisher : ISNU Sumatera Utara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.70826/jcisnu.v3i1.1324

Abstract

The crime of persecution is a crime against the human body that has a direct impact on the protection of human rights, a sense of justice, and social order, so that its regulation is an important issue in criminal law. Differences in the applicable legal system affect how an act is qualified as persecution and how criminal sanctions are imposed on the perpetrator. This paper aims to analyze comparatively the concept of the criminal act of persecution and its sanctions from the perspective of Islamic Criminal Law and the Criminal Code, as well as assess the relevance of the normative values contained in it for the development of national criminal law. This study uses normative legal research methods with legislative, conceptual, and comparative approaches. The legal materials used include laws and regulations, sources of Islamic law, as well as relevant legal doctrines and literature, which are analyzed qualitatively by prescriptive-analytical methods. The results of the discussion show that the Criminal Code views persecution as a violation of public order and the legal interests of the state with the imposition of criminal sanctions that are repressive and state-centric, so that the role of victims in the criminal process is relatively limited. Islamic Criminal Law views persecution as a jinayah against the human body that emphasizes the principles of balance, proportionality, and protection of the rights of victims through the concepts of qishash and diyat, as well as opening up space for forgiveness and the restoration of social relations. The conclusion of this study confirms that the comparison of the two legal systems shows a significant difference in the criminal paradigm, where the values of substantive justice and restorative orientation in Islamic Criminal Law have important relevance to be used as a normative reference in the reform of national criminal law, especially in the regulation of criminal acts of persecution that are more just and humane.
Co-Authors Afriansyah Ahmad Ridwan Nasution Ansari Yamamah Arifin Siahaan Danang Dermawan Dinda Aulia Sari Fatimah Fatimah Fauziah Lubis Fery Dianta Ginting Harisman Harisman Kamaluddin Pane Khofifah Nabila Muhammad Ali Muhammad Firman Akhsani Muniruddin Ritonga Nur Aisyah Tanjung Pagar Pagar Putri Anggraini Putri Hayati Ramadhan Syahmedi Reza Kresna Adipraya Romel Tarigan Said Reza Pahlevi Saifuddin AW Suhardiman Syabrun Jukhoir Syafruddin Syam Yoyok Adi Syahputra Zainuddin Zainuddin