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Delik Santet Dalam Konstruksi Rancangan Kitab Undang-Undang Hukum Pidana Satriadi satriadi
Al-Adalah: Jurnal Hukum dan Politik Islam Vol 5, No 2 (2020)
Publisher : Program Studi Hukum Tata Negara, Fakultas Syariah dan Hukum Islam IAIN Bone

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35673/ajmpi.v5i2.807

Abstract

This study discusses witchcraft (santet) as one of the controversial offenses in the Criminal Code Bill. Socially, witchcraft (santet) is believed to be an act that can harm people, narrate, or even kill people. However, based on the principle of legality and the difficulty of proving, acts of witchcraft (santet) cannot be criminalized so it is not uncommon for people accused of being witchcraft (santet) to due of process of law. To analyze and understand the offense of witchcraft (santet) in the construction of the Draft Bill of the Criminal Code, this study utilizes normative legal research methods whose data are obtained through a literature study. The results showed that witchcraft (santet) as a criminal act was constructed into the category of the formal offense whose proof did not lead to the presence or absence of magical power possessed by someone, but criminalized was a criminal offense committed, namely a person who intentionally announced he had supernatural powers, offered his services in undertaking harm to others in the form of illness, death or mental or physical suffering.
The Death Penalty Against Narcotics Traffickers In The Perspective Of Pancasila Justice satriadi Laupe
Al-Adalah: Jurnal Hukum dan Politik Islam Vol 7, No 1 (2022)
Publisher : Program Studi Hukum Tata Negara, Fakultas Syariah dan Hukum Islam IAIN Bone

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35673/ajmpi.v7i1.2613

Abstract

This study discusses the death penalty for narcotics traffickers from the perspective of Pancasila justice. The pros and cons of capital punishment continue to this day, especially narcotics traffickers. The purpose of this study is to determine the imposition of capital punishment on narcotics traffickers in terms of justice according to the views and values in Pancasila. To analyze and understand the death penalty against narcotics traffickers from the perspective of Pancasila justice, this study uses a normative legal research method whose data is obtained through a literature study using analytical descriptive. The results show that basically international law does not require the death penalty, but in Indonesia the death penalty is still allowed, especially for narcotics traffickers and does not conflict with Pancasila and the 1945 Constitution as the results of the judicial review in the Constitutional Court case Number 2/PUUV/2007 stated that the death penalty does not conflict with the Indonesian constitution if it is related to Article 28A and Article 28I paragraph (1) of the 1945 Constitution.
PENDEKATAN RESTORATIVE JUSTICE DALAM PENYELESAIAN TINDAK PIDANA PENCURIAN RINGAN PERSPEKTIF HUKUM ISLAM satriadi Laupe
AL-SYAKHSHIYYAH Jurnal Hukum Keluarga Islam dan Kemanusiaan Vol 4, No 1 (2022): Volume 4 Nomor 1 Juni 2022
Publisher : IAIN BONE

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35673/as-hki.v4i1.2607

Abstract

AbstractThis article examines the restorative justice approach in resolving the crime of minor theft in the view of Islamic law. This research is a normative study and uses a qualitative descriptive analysis in explaining restorative justice crimes of minor theft in the view of Islamic law. The results of the study indicate that the crime of minor theft is one of the materials that becomes the object of resolving cases using a restorative justice system approach. Minor crimes that can be resolved by this route are Articles 363, 373,379,384, 407 and 482 of the Criminal Code with a loss value of not more than Rp. 2,500,000. The settlement of cases of minor theft crimes with a restorative justice approach is in line with the doctrine in Islamic law with settlements through the path of peace and wisdom. The restorative settlement is carried out provided that peace has begun between the perpetrator, the victim, the perpetrator's family and community leaders in litigation with or without compensation.Keywords: Criminal act; Islamic law; Minor Theft; Restorative justice. 
Rekonstruksi Penegakan Hukum Tindak Pidana Politik Uang dalam Pemilihan Umum Erni Dwita Silambi; Emiliana B Rahaili; Rosnida Rosnida; Satriadi Satriadi
Al-Adalah: Jurnal Hukum dan Politik Islam Vol 8, No 1 (2023)
Publisher : Program Studi Hukum Tata Negara, Fakultas Syariah dan Hukum Islam IAIN Bone

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30863/ajmpi.v1i1.3393

Abstract

The handling of money politics in terms of legal substance has been regulated in the Election Law which was initially handled by the Sentra Gakkumdu consisting of Bawaslu, the Police, and the Attorney General's Office.This study aims to identify and analyze: to reconstruct the law enforcement of Money Politics Crimes in Elections. This research uses the type of empirical juridical research, namely by studying the applicable rules and also looking for data in the field related to money politics. The results of this study indicate that there are many cases of money politics that occur in the general election process, so their handling must also be more serious. Currently, the crime of money politics in election is in the realm of general criminal acts, so it will be more effective if the handling is delegated to the realm of criminal acts of corruption
Living Religious Moderation within the Sipakatau, Sipakainge’, and Sipakalebbi Cultures of the Bugis Community Asni Zubair; Hamzah Hamzah; Satriadi Satriadi
Walisongo: Jurnal Penelitian Sosial Keagamaan Vol 30, No 2 (2022)
Publisher : LP2M - Universitas Islam Negeri (UIN) Walisongo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21580/ws.30.2.13048

Abstract

This study aims to identify indicators of religious moderation in the internalization of Sipakatau, Sipakainge’, and Sipakalebbi cultures among the Bugis community in Mallari Village, Awangpone District, Bone Regency. It employs qualitative research in the form of case studies and interpretive methods. Data collection involves observation and interviews, with the analytical theory of indicators of religious moderation in Indonesia. The findings revealed several indicators of religious moderation in the mentioned cultures. Firstly, Sipakatau culture demonstrates tolerance and the accommodation of local values, as seen in socio-political life, emphasizing respect for political differences and upholding deliberation. Secondly, Sipakainge’ culture is committed to national values, evident through community compliance with village regulations and educational activities aligned with national education orientation. Lastly, the value of humanism is observed in the internalization of Sipakalebbi culture, as reflected in village government policies that empower individuals with disabilities. Theoretical implications suggest that religious moderation can be integrated into local wisdom through socio-political, educational, and cultural activities. However, the study’s limitations include not examining obstacles or challenges in mainstreaming religious moderation within the Sipakatau, Sipakainge’, and Sipakalebbi cultures in Mallari Village.
THE RELEVANCE OF THE BUGINESE LOCAL WISDOM VALUES TO RELIGIOUS MODERATION Hamzah Hamzah; Asni Zubair; Satriadi Satriadi
Al-Qalam Vol 29, No 1 (2023)
Publisher : Balai Penelitian dan Pengembangan Agama Makassar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31969/alq.v29i1.1173

Abstract

This study aims to explore the local wisdom values of the Buginese community regarding Sipakatau, Sipakainge, and Sipakalebbi, manifestations of local wisdom values, and their relevance to religious moderation in Indonesia. This research is classified as qualitative descriptive research with exploratory methods and anthropological approaches. This research was conducted in Mallari Village, Bone Regency, which still has a strong practice of local wisdom and historical values. Data collection was carried out through in-depth interviews, observation, and documentation. The collected data was analyzed, and then the qualitative data were coded for the credibility of the results using the Nvivo-12 software. The results of the study show that (1) the local wisdom values of the Buginese, Sipakatau, Sipakainge, and Sipakalebbi are understood as traditional teachings/noble values, life guidelines, identity and customs that are in line with the Shari'a. (2) The manifestation of Buginese local wisdom values is reflected in people's behaviour by humanizing each other, having good etiquette towards the government, and mutual respect. (3) The relevance of Buginese local values to religious moderation programs lies in the human values of humanizing one another (sipakatau),  respecting  each other (sipakalebbi),  and  reminding  each other (sipakainge’).  The principle of Buginese local wisdom values that as long as they are human beings, it is appropriate to humanize, respect, and remind each other regardless of ethnicity, religion, and race; this is in line with national commitment and tolerance in religious moderation in Indonesia. 
Revitalization of Rehabilitation Based on Religious Moderation Towards Narcotics Abuse in Class II A Penitentiary Institution of Watampone Hamzah Hamzah; Satriadi Satriadi; Aswar Anas
Al-Adalah: Jurnal Hukum dan Politik Islam Vol 8, No 2 (2023)
Publisher : Program Studi Hukum Tata Negara, Fakultas Syariah dan Hukum Islam IAIN Bone

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30863/ajmpi.v8i2.5044

Abstract

This study examines the revitalization of religious moderation-based development as a novel approach to rehabilitation within the Penitentiary. Significantly, the formulation of development based on religious moderation is proposed as the latest solution for the rejuvenation and refreshment of rehabilitation programs for drug offenders in Class II A Penitentiary Institution of Watampone. This research falls under the category of exploration and adopts the Participatory Action Research approach, normative juridical approach, empirical juridical approach, and normative theological approach. The findings of the study demonstrate that the revitalization of religious moderation-based development emphasizes indicators of national commitment, such as instilling patriotism, accommodating local culture by revitalizing the concept of self, understanding oneself as the best community (khairu ummah) who, in substance, utilizes sound reasoning as the earth's caretaker or as a representative of God, knowledgeable of good and evil, and reflecting religious moderation through adherence to the constitution and compliance with legislation. This includes refraining from consuming and misusing narcotics, in accordance with the mandate of Law No. 35 of 2009 concerning narcotics.
The Problematics of Crimination of Self Narcotics Abusers Satriadi Satriadi
Al-Bayyinah Vol 5, No 2 (2021): Al-Bayyinah
Publisher : Fakultas Syariah dan Hukum Islam Institut Agama Islam Negeri Bone

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35673/al-bayyinah.v5i2.1825

Abstract

The problematics of crimination of self narcotics abusers in Law no. 35 of 2009 Concerning Narcotics is now an actual issue that must get a legal conclusion. The response to narcotics abuse for oneself is urgent to be interpreted in a legal framework by revealing factual and representative answers. This research is classified as normative research, the data obtained through literature study, by collecting primary, secondary, and tertiary legal materials using a statutory approach and a conceptual approach. The analysis used in the form of qualitative normative then described in descriptive analytical. The findings in this study indicate that the type of crime (strafsoort) of narcotics abusers for oneself uses a single system formulation that is absolute and imperative, so that it does not provide space for judges to impose alternative punishments other than imprisonment. The duration of the sentence (strafmaat) uses a special maximum system. The punishment for group I is four years, for group II for two years and for group III for a maximum of one year, the threat of punishment is very heavy, because self narcotics abusers should prioritize coaching over imprisonment. The imposition of a criminal (strafmodus) is only imprisonment. The absence of action sanctions shows that the Narcotics Law prioritizes providing a deterrent effect rather than providing guidance to self narcotics abuser.
Restorative Justice the Limitations of Authority of Police and Prosecutors in the Criminal Justice System Satriadi Satriadi
Al-Bayyinah Vol 6, No 1 (2022): Al-Bayyinah
Publisher : Fakultas Syariah dan Hukum Islam Institut Agama Islam Negeri Bone

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35673/al-bayyinah.v6i1.2594

Abstract

This study discusses the limits of authority of the police and prosecutors in implementing restorative justice in criminal cases. The Indonesia National Police, the Attorney General Office of the Republic of Indonesia, have implemented the principle of restorative justice as a form of dealing with criminal cases. The Indonesian National Police makes further regulations for each law enforcement agency with the principle of restorative justice which will be used as a guide in handling criminal cases, including Circular Letter of The Chief of Indonesia National Police No. SE/8/VII/2018 of 2018, The Chief of Indonesia National Police Regulation No. 6 of 2019, the Attorney General Regulation No. 15 of 2020. To analyze and understand restorative justice and the limitations of the police and prosecutor's authority in the criminal justice system, this study uses a normative legal research method, the data obtained through a literature study. The results show that restorative justice must be accompanied by an understanding of the concept of police discretion, because there is a relationship between discretion and restorative justice. The statement of reconciliation between the perpetrator and the victim contained in the statement letter should be the basis for investigators to terminate the investigation (SP3) other than those stipulated in Article 109 of the Criminal Procedure Code and the case is considered completed in Law Number 16 of 2004 concerning the Attorney Office of the Republic of Indonesia, in Article 35 letter c. The Attorney General of the Republic of Indonesia has released a regulation concerning Termination of Prosecution Based on Restorative Justice as contained in the Attorney General Regulation Number 15 of 2020. Based on this regulation, the public prosecutor has a strong legal basis for terminating prosecution of defendants in certain criminal acts and if between the victim and the defendant have an agreement to make peace.
Urgensi Sertifikasi Halal dan Pencantuman Label Halal Terhadap Produk Usaha Mikro Kecil dan Menengah A Sartika G; Irfan Amir; Satriadi Satriadi; Rosita Rosita; ilmiyati Ilmiyati
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Publisher : IAIN Bone

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30863/clr.v1i2.4002

Abstract

Penelitian ini bertujuan menganalisa urgensi sertifikasi halal dan pencantuman Label Halal pada Usaha, Mikro, Kecil, dan Menengah. Penelitian ini dianalisis menggunakan pendekatan yuridis normatif. Data dikumpulkan melalui metode inventarisasi terhadap data primer, data sekunder dan tersier. Hasil penelitian menunjukkan Dari hasil kajian, didapatkan bahwa sertifikasi halal itu merupakan kewajiban bagi semua pelaku usaha, termasuk Usaha Mikro, Kecil dan Menengah (UMKM). Pelaku usaha yang telah memperoleh sertifikasi halal, wajib mencantumkan label halal pada produknya. Namun terdapat pengecualian. Pelaku usaha yang memperoduksi produk yang bersumber dari bahan yang diharamkan berdasarkan syariat Islam, tidak diwajibkan. Akan tetapi konsekuensi logisnya, para pelaku usaha ini berkewajiban untuk mencantumkan keterangan tidak halal pada produknya.