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All Journal El-Faqih : Jurnal Pemikiran dan Hukum Islam International Journal of Health, Economics, and Social Sciences (IJHESS) Jurnal Kolaboratif Sains
Samuji
Universitas Sunan Giri Surabaya
Religion Agriculture, Biological Sciences & Forestry Humanities Civil Engineering, Building, Construction & Architecture Computer Science & IT Decision Sciences, Operations Research & Management Economics, Econometrics & Finance Education Environmental Science Health Professions Law, Crime, Criminology & Criminal Justice Medicine & Pharmacology Nursing Public Health Social Sciences Other

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Analysis Of Islamic Law And The Book Of Criminal Law In Collection Of Criminal Actions Samuji; Rusmiyah
El-Faqih : Jurnal Pemikiran dan Hukum Islam Vol 8 No 2 (2022): EL FAQIH
Publisher : Institut Agama Islam (IAI) Faqih Asy'ari Kediri

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58401/faqih.v8i2.813

Abstract

In social life, the rules of society are generally governed by a law or regulation that guides action and behavior which is embodied in orders and prohibitions. However, it seems that orders and prohibitions alone are not enough to leave bad deeds, therefore it is necessary to have norms such as religious norms, moral norms, politeness norms, and legal norms. There are four combined theories of committing a crime according to the Criminal Code, namely: first, Stelsel Absorption, Second, Sharpened Stelsel Absorption, Third, Stelsel Cumulation, and fourth Stelsel Cumulation. Whereas Islamic law views that the combination of punishments arises as a result of a combination of committing several criminal acts where one of these actions has not yet received a final decision. Islam recognizes the existence of combined theories of committing criminal acts but these theories are not used absolutely and are limited by the theories of at-tadaahul (inclusion) and al-Jabbu (absorption). Based on the two theories above, in its implementation it is inseparable from the three combined forms of committing a crime, including: a combination of several fingers where all the punishments are pure Allah's rights, a combination of several fingers where in the punishment there are God's rights and adami's or slave's rights, and a combination of several jarimah where the punishment is a pure adami right. Meanwhile regarding the Criminal Code's view of the joint problem of committing a crime, that the provisions regarding this matter have been regulated in articles 63 to 75 of the Criminal Code. In these articles, it has been explained how the system of punishment for someone who has committed a combined crime has been committed.
Analisis Hukum Pidana Terhadap Pelaku Pemalsuan Pertamax dalam Perspektif Undang-Undang Migas: Criminal Law Analysis of Pertamax Counterfeiters from the Perspective of the Oil and Gas Law Samuji; Dwi Nurahman; Sumartini Dewi; Dwinanda Linchia Levi Heningdyah Nikolas Kusumawardhani; Sunarto
Jurnal Kolaboratif Sains Vol. 8 No. 3: Maret 2025 - Jurnal Kolaboratif Sains (JKS)
Publisher : Universitas Muhammadiyah Palu

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56338/jks.v8i2.7185

Abstract

Tindakan pemalsuan Pertamax yang dilakukan oleh pihak tertentu untuk meraih keuntungan secara ilegal bukan hanya merugikan konsumen, tetapi juga berpotensi membahayakan keselamatan serta keberlanjutan industri energi di Indonesia. Pemalsuan bahan bakar, khususnya Pertamax, dapat dianggap sebagai tindak pidana dalam perspektif hukum pidana Indonesia, terutama dalam konteks Undang-Undang Migas (Minyak dan Gas). Artikel ini bertujuan untuk mengkaji aspek hukum pidana yang terkait dengan pemalsuan Pertamax, serta menganalisis penerapan ketentuan dalam Undang-Undang Migas terhadap praktik tersebut. Dengan pendekatan normatif, artikel ini akan menelusuri regulasi yang berlaku dan memberikan penjelasan terkait pelanggaran yang terjadi dalam pemalsuan bahan bakar ini.
Hate Speech on Social Media: the Urgency of Criminal Law Regulation and Approaches Samuji
International Journal of Health, Economics, and Social Sciences (IJHESS) Vol. 6 No. 4: October 2024 - International Journal of Health, Economics, and Social Sciences (IJHESS
Publisher : Universitas Muhammadiyah Palu

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56338/ijhess.v6i4.6030

Abstract

The spread of hate speech on social media is one of the results of rapid advances in information and communication technology. However, these advancements have also created new opportunities for social interaction. Hoaxes that appear on the internet often have negative social, psychological, and even political consequences. This study aims to determine the importance of regulating hate speech in social media and analyze methods that can be used in criminal law to deal with the spread of hate speech. Using the descriptive analysis method, this study shows that the current regulations are weak and ineffective, so a firmer method in criminal law is needed to deal with the spread of hate speech. The study also emphasizes how important it is to work together between governments, social media platforms, and the public to prevent hate speech from spreading.
Juridical Analysis of Cyberbullying as a Criminal Offense Samuji
International Journal of Health, Economics, and Social Sciences (IJHESS) (Special Issue) - International Journal of Health, Economics, and Social Sciences (IJHESS)
Publisher : Universitas Muhammadiyah Palu

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56338/ijhess.v7i2.7146

Abstract

Cyberbullying refers to any actions aimed at hurting or intimidating someone through information technology, particularly the internet. This form of bullying can take various shapes, such as threats, the spread of harmful personal information, or defamation. With the advancement of technology and the increasing accessibility of the internet, cyberbullying has become an increasingly urgent issue to address. Indonesian law covers several aspects related to cyberbullying, but its implementation still faces challenges. This article will analyze the regulations governing cyberbullying, the obstacles encountered in law enforcement, and the legal protection available to victims in Indonesia. The analysis aims to provide a deeper understanding of how Indonesian law addresses cyberbullying as a criminal offense and to strengthen efforts in preventing and combating this issue.
Criminal Law Protection for Demonstrators from Repressive Actions by Authorities Samuji; Andi Wahyuddin Nur; Zulkarnain S; Yulianis Safrinadiya Rahman; Nopiana Mozin
International Journal of Health, Economics, and Social Sciences (IJHESS) (Special Issue) - International Journal of Health, Economics, and Social Sciences (IJHESS) October 2
Publisher : Universitas Muhammadiyah Palu

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56338/ijhess.v7i4.8950

Abstract

Demonstrations represent a tangible form of freedom of expression and opinion, which are fundamental elements of a democratic system. In Indonesia, this right is constitutionally guaranteed and further regulated under Law No. 9 of 1998 concerning the Freedom to Express Opinions in Public. However, in practice, the implementation of this right often clashes with repressive actions by security forces. The excessive use of force, unlawful arrests, and acts of violence against protesters illustrate the weak legal protection afforded to citizens exercising their constitutional rights. Such circumstances raise serious concerns regarding the enforcement of human rights and the rule of law in Indonesia. This article aims to analyze the criminal law protection afforded to demonstrators from repressive actions by law enforcement officers who exceed their authority. The discussion examines the national legal framework, the principles of criminal liability for officers, and mechanisms for fair and proportional law enforcement. The study adopts a normative juridical approach, analyzing statutory regulations, legal doctrines, and relevant case studies. The findings indicate that repressive acts by officers may constitute criminal offenses when they violate the principles of legality and proportionality in the use of force. Furthermore, the state bears a constitutional obligation to provide effective legal protection for citizens who become victims of such abuses of power. Therefore, a stronger system of accountability and oversight is essential to ensure that citizens’ rights to peaceful assembly and expression are genuinely protected within Indonesia’s legal framework.
Co-Authors Andi Wahyuddin Nur Dwi Nurahman Dwinanda Linchia Levi Heningdyah Nikolas Kusumawardhani Nopiana Mozin Rusmiyah Sumartini Dewi Sunarto Yulianis Safrinadiya Rahman Zulkarnain S