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All Journal Waraqat : Jurnal Ilmu_Ilmu Keislaman Ta'zir: Jurnal Hukum Pidana
Armasito Armasito
Universitas Islam Negeri Raden Fatah Palembang
Religion Humanities Education Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice

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PENGATURAN PEMBEBASAN BERSYARAT BAGI PELAKU TINDAK PIDANA KORUPSI DI INDONESIA DALAM UNDANG-UNDANG NO 22 TAHUN 2022 TENTANG PEMASYARAKATAN MENURUT PERSPEKTIF HUKUM PIDANA ISLAM Yunita Yunita; Rina Antasari; Armasito Armasito
Tazir Vol 7 No 2 (2023): Ta'zir: Jurnal Hukum Pidana
Publisher : Universitas Islam Negeri Raden Fatah Palembang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.19109/tazir.v7i2.20459

Abstract

ABSTRACT Conditional release arrangements for perpetrators of corruption in Indonesia are in Law No. 22 of 2022 concerning Corrections, from the perspective of Islamic criminal law. The criminal act of corruption in Indonesia is an extraordinary crime, which must also be dealt with in an extraordinary manner. However, the existence of this law provides legal relief in the form of parole without exception for all criminal acts. So that there were pros and cons among the people when this law was enacted. In this paper, two formulations of the problem will be discussed, namely: First, how to regulate parole for perpetrators of corruption in Indonesia in Law No. 22 of 2022 concerning Corrections. Second, what is the perspective of Islamic criminal law regarding the conditions for parole for perpetrators of corruption in Indonesia. The method used in this research is library research. This research is a collection of data, information, or information obtained from the results of data collection. In the form of library data such as books, articles, notes, journals, laws and so on. Then, it is analyzed so that conclusions are drawn from the results of the study. Conditional release for perpetrators of corruption in Law No. 22 of 2022 concerning Corrections. It has been set and implemented according to the applicable regulations. However, the criminal act of corruption must be prosecuted as an extraordinary crime, because from the side of justice it is contrary to legal justice, legal certainty, and the usefulness of law. Sanctions for perpetrators of corruption are a typical form of crime whose scope can range from the simple to the heaviest levels and have massive consequences, so takzir laws can be applied such as putting corruptors on the list of disgraceful persons, dismissing them from their positions, alienating them from the public, confiscating assets twice as much. from the proceeds of corruption crimes, even the death penalty according to the level of corruption crimes committed and the negative consequences that arise. takzir concept related to parole in Islamic law. Takzir punishment is an educational punishment for sinful acts (immorality) whose punishment has not been determined by syara'. The simple meaning of the takzir punishment is a punishment that has not been determined by syara' but is left to the government both for its determination and its implementation. Keywords: Islamic Criminal Law, Waste, Enforcement, Environmental Pollution, Crime.
The Problems of Contested Divorce in Marriages Over 30 Years Old at the Pangkalan Balai Religious Court Armasito Armasito; Rafida Ramelan; Sulistiawati AR
WARAQAT : Jurnal Ilmu-Ilmu Keislaman Vol. 9 No. 2 (2024): Waraqat: Jurnal Ilmu-Ilmu Keislaman
Publisher : Pusat Penelitian dan Pengabdian pada Masyarakat (P3M) Sekolah Tinggi Agama Islam As-Sunnah

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.51590/waraqat.v9i2.874

Abstract

This research was motivated by the problem of contested divorce in marriages over 30 years old, which means that the husband and wife ended their marital relationship after many years of marriage. At that age, they would likely already have children or even grandchildren. This indicates that the couple's household is not in line with the goal of marriage, which is to build a happy and eternal family. This research aims to identify the problems and considerations of judges in deciding cases of contested divorce when the marriage is over 30 years old. The type of research used is field research, using data collection techniques through interviews, documentation, and literature. Interviews were conducted using an interview guide in the form of a list of questions to be asked of the judges. The data analysis technique uses qualitative descriptive methods. Based on the results of research conducted at the Pangkalan Balai Religious Court through interviews with judges show that the factors causing contested divorce in marriages over 30 years old are the husband's irresponsibility as head of the family, the husband having an affair/having another dream woman, committing domestic violence, continuous disputes, and leaving the wife. Meanwhile, in deciding cases of contested divorce when the marriage is over 30 years old, the judge considers it based on procedures that meet the requirements and the firm wishes of the parties and considers the benefit.
Co-Authors Rafida Ramelan Rina Antasari Sulistiawati AR Yunita Yunita