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All Journal Jurnal Hukum Progresif JURNAL LITIGASI (e-Journal) Veritas et Justitia Jurnal Cakrawala Hukum Kosmik Hukum Yuridika Inicio Legis : Jurnal Hukum Al-Istinbath: Jurnal Hukum Islam RechtIdee Prosiding Seminar Hukum Aktual Fakultas Hukum Universitas Islam Indonesia Jurnal Hukum Islam Journal of Law and Legal Reform
Aris Hardinanto
Universitas Trunojoyo Madura
Religion Humanities Education Law, Crime, Criminology & Criminal Justice Social Sciences

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Integrating Neurolaw and Principles of Islamic Law: A Scientific Ethical Model of Criminal Responsibility Fernando, Zico Junius; Hardinanto, Aris; Muksin, Muchlas Rastra Samara; Solehuddin, Solehuddin; Saifulloh, Putra Perdana Ahmad
Jurnal Hukum Islam Vol 23 No 1 (2025)
Publisher : Universitas Islam Negeri K.H. Abdurrahman Wahid Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.28918/jhi.v23i1.09

Abstract

Neurolaw offers an innovative interdisciplinary framework that bridges the gap between neuroscience and legal theory and providing new insights into how human brain influences behavior, intention, and moral decision-making. This study examines the intersection of neurolaw and Islamic law, emphasizing the importance of integrating neuroscience findings, such as brain function, decision-making processes, and mental disorders, into Islamic law’s understanding of criminal responsibility, intention (niyyah), and reasoning (ʿaql). This study demonstrates the potential of neurolaw to strengthen empathy, justice, and an evidence-based legal approach in Islamic law using normative legal research methods through legislative, conceptual, comparative, and futuristic approaches. Furthermore, this study explores how Islamic law’s values of justice, objectivity, and responsibility can serve as ethical guidelines for the responsible use of neuroscience in legal reasoning. Ultimately, this study encourages a careful and principled integration of brain science and Islamic law that maintains fundamental Islamic values while embracing scientific advancements to create a more holistic and humane justice system.
KAJIAN PERLUASAN KUALIFIKASI MAKNA BARANG DALAM YURISPRUDENSI HUKUM PIDANA BELANDA DAN INDONESIA DI ERA SIBER Hardinanto, Aris; Barda Nawawi Arief; Setiyono, Joko
LITIGASI Vol. 25 No. 1 (2024)
Publisher : Faculty of Law, Universitas Pasundan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.23969/litigasi.v25i1.13149

Abstract

The development of information technology, especially the internet, has affected criminal law. One of the resulting impacts is the qualification of goods in the cyber era. The development of criminal law in the Netherlands, particularly the Criminal Code, related to information technology is progressive regarding the qualification of goods, including cases related to the interpretation of goods in cyberspace by the Supreme Court of the Netherlands. This article argues that Dutch criminal law has repeatedly extended the qualification of the meaning of goods related to cybercrime through the jurisprudence of the Supreme Court of the Netherlands. The expansion of the qualification of goods in Dutch criminal law contextually includes account balances, online gaming features, and credit. Indonesian jurisprudence has once expanded the scope of goods in deciding account balance cases. The extension of the qualification of goods, including computer data in the National Criminal Code, based on problematic decisions of the Arnhem High Court in the Netherlands, is contradictory to the spirit of national criminal law reform. Keywords: Qualification, Goods, Criminal Law.
Critical Analysis of Living Law Formulation in Law No. 1 of 2023 Concerning the Criminal Code: Towards Law Reform to Realize Justice with the Spirit of Pancasila Hardinanto, Aris; Arief, Barda Nawawi; Setiyono, Joko; Fernando, Zico Junius; Sabrina, Nahdiya
Journal of Law and Legal Reform Vol. 5 No. 3 (2024): Various Issues on Law Reform in Indonesia and Beyond
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/jllr.v5i3.13923

Abstract

The government is trying to reform national law in the field of criminal law by drafting a Criminal Code Bill (RUU KUHP) to replace Wetboek van Strafrecht. The culmination of this preparation was the promulgation of the Criminal Code Bill on January 2, 2023, through Law No. 1 of 2023 concerning the Criminal Code (KUHP). However, there are not many articles that discuss the process and critical analysis of living law formulation as stated in the provisions of Article 2 of the Criminal Code and their explanations. The research method used was legal research with statute, historical, comparative legal, and conceptual approaches. The results of this research conclude that the living laws are formulated inconsistently in terms of scientific substance. In order to make this formulation can realize justice based on Pancasila, it can be achieved in several ways. First, there is a need to reinterpret living legal concepts by involving experts in customary law, legal anthropology, legal sociology, and interdisciplinary legal researchers. Second, redefining the meaning of law that lives within the body of the Criminal Code is not limited to customary law, especially the principle of legality, but also includes customary law and traditional laws in traditional societies. Third, formulating formal law/criminal procedural law as the enforcer of material criminal law/National Criminal Code by re-establishing and recognizing customary courts in the Indonesian criminal justice system whose application in society is to realize the fifth principle of social justice for all Indonesian people from Pancasila.
Co-Authors Assyamiri, M Alief Thoifurqoni Barda Nawawi Arief Barda Nawawi Arief David Aprizon Putra, David Aprizon Fernando, Zico Junius Joko Setiyono Joko Setiyono Muchlas Rastra Samara Muksin Nahdiya Sabrina Nahdiya Sabrina Octaviarany, Viny Putra Perdana Ahmad Saifulloh, Putra Perdana Ahmad SAUNI, HERAWAN Solehuddin Solehuddin Tristam P. Moeliono Virdaus, Saivol