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All Journal Al-Adalah: Jurnal Hukum dan Politik Islam Jurnal Al-Dustur JURIS (Jurnal Ilmiah Syariah) Al-Bayyinah Constitutional Law Review
Amir, Irfan
Institut Agama Islam Negeri Bone
Religion Arts Humanities Environmental Science Law, Crime, Criminology & Criminal Justice Social Sciences

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Journal : Al-Bayyinah

 1 
AN ANALYSIS OF JOKOWI’S POLICY IN REFUSING THE RETURN OF FORMER ISIS FOREIGN TERRORIST FIGHTERS INDONESIAN CITIZENS Irfan Amir
Al-Bayyinah Vol 4, No 1 (2020)
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.v4i1.806

Abstract

Industry 4.0 which is supported by the concept of the internet of think has influenced the pattern of indoctrination of radical-terrorism groups. Based on the results of the study, after the declaration until the collapse of the Islamic State of Iran and Syria (ISIS) there were at least 689 foreign terrorist fighters who came from Indonesia and hoped to be repatriated to the country. However, because of security considerations, President Joko Widodo firmly refused. To address this issue, the author conducts normative-empirical legal research using library research methods. The results showed that Indonesian citizens involved in organized international crimes such as ISIS can be banned from returning to Indonesia on a legal basis using Article 98 Paragraph 1 of Law No. 6 of 2011 concerning Immigration and Article 263 Paragraph 2 letter (a) Government Regulation No. 21 of 2013 concerning Regulations for Implementing the Immigration Law. Besides, terrorist sleep cells of ISIS in the country can at any time carry out suicide bomb attacks as a signal given by their group. As an ideological network, these terrorism sleep cells are clandestine and begin to involve women and children as suicide bombers.Keywords: Foreign Terrorist Fighter; Terrorism; ISIS.
Constitutionality of Wiretapping by KPK in Optimization of Red-Handed Catch Operations Irfan Amir
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.v6i1.2625

Abstract

Corruption is usually carried out in congregation and involves state administrators and/or law enforcement officers. This situation makes the Corruption Eradication Commission (KPK) often carry out Red-Handed Catch Operations/Operasi Tangkap Tangan (OTT). From these operations, the act of wiretapping has a very vital role in the success of OTT. However, KPK's steps in conducting wiretapping are sometimes disputed by various parties on the grounds that wiretapping has the potential to be misused by certain elements within KPK which can threaten a person's right to privacy and violate human rights. By relying on library research, this research is normative juridical research using qualitative descriptive data analysis techniques. The results of the study show that wiretapping is prohibited by law on the grounds of violating a person's right to privacy, but for the sake of law enforcement and eradication of corruption, wiretapping conducted by KPK is constitutional and does not conflict with Article 28D Paragraph (1) of the 1945 Constitution of the Republic of Indonesia. Privacy is not classified as a non-derogable right, KPK wiretapping is still limited and only aimed at someone who is indicated to have committed corruption.
Disqualification of the Candidate Pair for the Elected Regional Head of Sabu Raijua Regency Irfan Amir
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.v5i2.1830

Abstract

The dispute over the results of the regional head election of Sabu Raijua Regency which is legally formal has passed the deadline for submitting a dispute request (expired). Through the Constitutional Court Decision No. 135/PHP.BUP-XIX/2021, cancels KPU's decision regarding the determination of the elected pairs of candidates for Regent and Deputy Regent and orders a re-election and disqualification of the elected candidate pair. This research is normative juridical research (doctrinal law research) using a statutory approach and a case approach. The data obtained were analyzed and presented descriptively analytically. The finding in this study indicates that, the basis for the consideration of the Constitutional Court in ordering a re-election and disqualifying the chosen pair chosen by the people of Sabu Raijua Regency, is based on the legal fact that the violation of the principle of 'honest' from the Orient Patriot Riwu Kore pair who from the beginning of the registration stage the prospective candidate pair hides the United States citizenship status he holds, which if this foreign citizenship status is known from the beginning, then administratively does not qualify as a candidate pair. In addition, the election dispute for Sabu Raijua Regency is specific and casuistic which creates a legal need and vacuum, and if it is not acted upon, in principle it has violated the exclusive rights of citizens in government guaranteed by the 1945 Constitution.
Paradigmatic Study of the Supreme Court's Downgrade Decision in the Case of Premeditated Murder of Nofriansyah Yosua Hutabarat Zakiyah, Ninik; Corputty, Patrick; Hutabarat, Feby Amalia; Amir, Irfan; Sembiring, Adventi Ferawati
Al-Bayyinah Vol. 8 No. 2 (2024): Al-Bayyinah
Publisher : Faculty of Sharia and Islamic Law Institut Agama Islam Negeri Bone

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30863/al-bayyinah.v8i2.7452

Abstract

This study examines the Supreme Court's decision in the premeditated murder case involving Ferdy Sambo, focusing on the reduction of the sentence from the death penalty to life imprisonment. The research aims to identify non-legal factors influencing the verdict, analyze its implications for Indonesia's criminal law paradigm, and evaluate public responses following the cassation decision. A descriptive-analytical approach was employed, utilizing legal document analysis and the post-positivist paradigm as the theoretical framework. The study interprets judicial considerations within a dynamic legal context, integrating legal norms with reflective interpretations. The findings reveal that the sentencing change reflects a shift in Indonesia's criminal law paradigm from retributive to rehabilitative, as adopted in the new Penal Code. The defendant's remorse was a key factor in the sentencing reduction. However, public response to the cassation decision indicated a decline in public trust and engagement with the judiciary, evidenced by reduced public discourse compared to the case's initial stages. The shift from retributive to rehabilitative justice served as the basis for the cassation decision. This study highlights challenges in strengthening public trust in the judicial system, emphasizing the need for greater transparency and accountability in legal decision-making processes.
Co-Authors A Sartika G A. Rahmaniar Asni Zubair Ayu Annisa Akmaliyah Corputty, Patrick Hamzah Hamzah Hutabarat, Feby Amalia Ilmiyati Ilmiyati ilmiyati Ilmiyati Ismail Aris Ismail keri Jumriani Nawawi Kiki Wulandari Mubarik Rahmayanti Muhammad Fazlurrahman Syarif Muljan Muljan Nur Faisyah Putri Apriani Rosita Rosita Satriadi Satriadi Sembiring, Adventi Ferawati Septian Amrianto Shinta Hadiyantina Sudarsono Sudarsono Sultan Hasanuddin Sultan Hasanuddin Tarmizi Zakiyah, Ninik Zulkifly Zulkifly