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All Journal Jurnal Hukum Novelty SAMARAH: Jurnal Hukum Keluarga dan Hukum Islam The Prosecutor Law Review
Mohd Din, Mohd
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Law, Crime, Criminology & Criminal Justice Social Sciences

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The Position of the Qanun Jinayat as a Forum for the Implementation of Sharia in Aceh in the Indonesian Constitution Din, Mohd; Abubakar, Al Yasa'
Samarah: Jurnal Hukum Keluarga dan Hukum Islam Vol 5, No 2 (2021): Samarah: Jurnal Hukum Keluarga dan Hukum Islam
Publisher : Islamic Family Law Department, Sharia and Law Faculty, Universitas Islam Negeri Ar-Raniry

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22373/sjhk.v5i2.10881

Abstract

The purpose of this paper is to describe the position of the Qanun Jinayat as a forum for the implementation of Sharia in Aceh within the framework of the Indonesian constitution. It is considered essential because the implementation of Sharia is conducted based on the UUPA (Law on Governing of Aceh). However, its implementation is often misunderstood, causing the implementation of Sharia to face many challenges from various parties, including the government's official institutions. This article is written to answer the main problem: the alignment of regulations, qanuns, with other laws and regulations. This study is normative legal research using a legal history approach. The analytical tools used are the theory of leveling norms and asymmetric decentralization. The study results show that the Sharia qanuns in Aceh, especially the Qanun Jinayat, have a different position from the regional regulations in other provinces in Indonesia. The difference lies in the special right of the Government of Aceh as a region with asymmetrical decentralization to make its regulations which at a certain level are permitted to be inconsistent with the laws on higher hierarchy. However, it must still align with the basic norms as the primary reference. The existence of special rights for Aceh is considered natural because of its long history, mainly when it is associated with the development of criminal law in Indonesia, which until now still uses the KUHP inherited from the Dutch East Indies. This specificity is a legal order regarding autonomous or special regions.
The Konsep Ideal Penyitaan Dalam Sistem Peradilan Pidana Syam, Asmadi; Din, Mohd; Safliana, Devi
The Prosecutor Law Review Vol 3 No 1 (2025): The Prosecutor Law Review
Publisher : Pusat Strategi Kebijakan Penegakan Hukum, Kejaksaan Agung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.64843/prolev.v3i1.68

Abstract

The basic concept of confiscation still refers to Article 38 Paragraph (1) of the Criminal Procedure Code and can only be carried out by investigators. In its development, this concept is no longer relevant to maintain, because it is known that in handling cases many items/objects are found after the prosecution process, so for its validity an acquisition method is needed so that it can be considered in the judge's decision. This research aims to elaborate on the authority of confiscation at the prosecution process and its juridical impact as well as the ideal concept of confiscation. The research method used is normative legal research with secondary data consisting of primary, subsidiary and tertiary legal materials. The research results show that the authority of confiscation at the prosecution process is still contradicted each other with the formal legality of the Criminal Procedure Code. The ideal concept of confiscation must start from a change in the definition of confiscation, which is known as an action by law enforcement officials to take control of movable and immovable property, including electronic devices/electronic information systems for the purposes of proving a criminal act at every level of case handling, as well as the concept of confiscating collateral as in civil law. adopted as an effort to guarantee the return of state losses.
Analysis of the concept of schikking as an alternative in the strategy for recovering state financial or economic losses Syam, Asmadi; Din, Mohd; Bintang, Sanusi; M. Gaussyah; Irsan, Muhammad
Jurnal Hukum Novelty Vol. 16 No. 2 (2025)
Publisher : Universitas Ahmad Dahlan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26555/jhn.v16i2.30555

Abstract

Introduction to the Problem: The main issue in handling cases in the economic field is the recovery of the state's financial losses or the country's economy. This is due to the orientation of law enforcement, which always focuses on imposing imprisonment as a deterrent. As a result, fines that are imposed are often substituted with imprisonment. The criminal justice process, which ultimately leads to imprisonment, is considered ineffective and incurs high costs. Through the authority of schikking, it is considered as one of the alternative solutions. However, in practice, it still generates various reactions, including assumptions that it does not effectively deter perpetrators from committing crimes. Purpose/Study Objectives: This research aims to examine and explain the perspective of schikking in handling economic criminal acts. Through the imposition of schikking, can financial losses or the state's economy be effectively and efficiently restored. Design/Methodology/Approach: The research method used is normative juridical research, a type of legal research that examines the systematics of law, identifying key concepts in law, and analyzing prevailing norms and principles in legal science. Findings: The research findings indicate that the concept of schikking views economic crimes as the cause of economic disruption in the country, so the prosecution must prioritize the recovery of state losses. As one of the sentencing systems and part of the attorney general's opportunity, schikking can be applied to crimes that have a broad impact on the country's economy. The implementation of schikking is considered effective and efficient in reducing state expenditures, taking into account the costs and benefits of handling economic cases. Additionally, schikking provides a mutually beneficial solution for the parties by giving the perpetrator an opportunity to constructively demonstrate their capacity and qualities. Schikking does not completely eliminate the element of deterrence, but rather simplifies the criminal justice system by offering a more efficient and adaptable solution, without sacrificing the core goals of law enforcement, restoring economic losses, and ensuring substantive justice. Paper Type: Research Article.
Co-Authors Abubakar, Al Yasa' M. Gaussyah Muhammad Irsan Safliana, Devi Sanusi Bintang Syam, Asmadi