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All Journal Ta'zir: Jurnal Hukum Pidana
Yuli Kasmarani
Universitas Islam Negeri Raden Fatah Palembang
Religion Humanities Law, Crime, Criminology & Criminal Justice

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REFORMASI KEBIJAKAN HUKUM PIDANA TERHADAP PELAKU PEDOFILIA DALAM PERSPEKTIF SIYĀSAH TASYRI’IYYAH Imam Hafas; Yuli Kasmarani
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.v7i2.20544

Abstract

Cases of sexual violence against children are a serious problem that can have lasting effects, both physically and psychologically. To minimize and prevent this, the government has made changes in determining penalties for perpetrators of sexual violence against children (pedophilia) to deter and fear them. This research is a library study regarding changes in criminal law policy for pedophilia perpetrators from a siyāsah tasyri'iyyah perspective using a juridical-normative method and primary and secondary sources that are descriptive-analytic in nature and analyzed using a juridical-normative approach based on state theory. law, criminal law policy, and siyāsah tasyri'iyyah. The results of the research can be concluded that the changes in criminal law that occurred in Indonesia were adapted to the social conditions of society, namely in the view of siyāsah tasyri'iyyah, in making changes to criminal law policy pedophiles have realized the values ​​of the Qur'an and Sunnah. This policy change is also a form of government responsibility in protecting human rights. Keywords: Pedophilia, Criminal Law Policy, Siyāsah Tasyri'iyyah.
ANALISIS SIFAT MELAWAN HUKUM FORMIL TERHADAP PELAKU TINDAK PIDANA KORUPSI BERDASARKAN PASAL 2 DAN PASAL 3 UNDANG-UNDANG NOMOR 20 TAHUN 2001 M DANI FARIZ AMRULLAH; Yuli Kasmarani; Dora Mustika
Tazir Vol 8 No 1 (2024): 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.v8i1.22909

Abstract

Corruption is an urgent problem that must be addressed immediately in order to achieve healthy economic growth. Various records show an increase and development of corruption models that occur. The legal enforcement mechanism for criminal acts of corruption is something that must be paid attention to because it ensures its implementation is correct, fair, there is no arbitrariness and no abuse of power. The focus of discussion in this research is the concept of the nature of being against formal law in criminal acts of corruption in Indonesia, and the existence of the nature of being against formal law in criminal acts of corruption at this time. This research uses a normative juridical approach, namely by analyzing library materials or secondary data consisting of legal texts, court decisions, official documents and other legal literature. This research concludes that the concept of the nature of being against formal law in articles 2 and 3 of Law Number 20 of 2001 concerning criminal acts of corruption in Indonesia is if the act violates social norms, norms of decency or ethics, moral norms and has violated propriety. prudence and necessity adhered to in person-to-person relationships in society. After the Constitutional Court decision Number: 25/PPU-XIV/2016, formal offenses were changed to material offenses. The deletion of the word "can" from the formulation of the two norms of Article 2 paragraph (1) and Article 3 of the PTPK Law, requires that the element of state loss must be proven first to determine someone as a suspect so that it will provide legal certainty in the law enforcement process in the field of criminal acts of corruption in Indonesia. Keywords: Corruption, Unlawful Characteristics, State Financial Losses
PANDANGAN HUKUM PIDANA ISLAM DAN HUKUM POSITIF TERHADAP EKSPLOITASI LANSIA PENGEMIS ONLINE Yuli Kasmarani; Muhammad Torik; Rian Saputra
Tazir Vol 7 No 1 (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.v7i1.24081

Abstract

This research aims to analyze the phenomenon that occurred during the Covid-19 pandemic which required people to work to make money without having to interact directly in the real world. This is the basis for the emergence of creative ideas for content creators to use social media to earn money. As happened recently, content creators use elderly people to become actors in a live streaming video on TikTok media. If seen from the content creator's point of view, it is very profitable, because when the video goes viral and can attract the sympathy of the audience, the audience will not hesitate. to give gifts. It's different for the elderly actor who takes extreme measures such as soaking in dirty water and mud for hours just to get sympathy and gifts. The focus of the research is the views of Islamic criminal law and positive law regarding the exploitation of elderly beggars online. This research is library research or what is called normative juridical. The data source used is secondary data. The data collection technique used is document or literature study, then the data is analyzed descriptively qualitatively. The results of the research show that in Islamic criminal law the content creator has committed slavery which ignores the health of the elderly in order to gain profit, so that he can be subject to ta'zir sanctions, namely sanctions given by Ulil Amri or the government. Meanwhile, from a positive legal perspective, perpetrators/content creators of online exploitation of elderly beggars can be sentenced to imprisonment for a minimum of 3 years, a maximum of 15 years. And a fine of at least Rp. 120,000,000.00 (one hundred and twenty million rupiah) and a maximum of Rp. 600,000,000.00 (six hundred million rupiah). Keywords: Exploitation, Elderly, Online Begging, Islamic Criminal Law, Positive Law.
Co-Authors Dora Mustika Imam Hafas M Dani Fariz Amrullah D Muhammad Torik Rian Saputra