Erniwati Erniwati
Universitas Islam Negeri Raden Fatah Palembang

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TINJAUAN HUKUM PIDANA ISLAM TERHADAP SANKSI TINDAK PIDANA PEMERKOSAAN PADA ANAK DI BAWAH UMUR (Studi Putusan Nomor 3/Pid.Sus-Anak/2019/PN Msh) Sarika Sarika; Erniwati Erniwati
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.v7i2.20802

Abstract

The crime of rape is often experienced by children who are relatively young (underage). In children, the innocent nature of a child who is unable to predict behavioral tendencies will make it easier for rape crimes to occur. Children who are still very economically and socially dependent on adults are often used as an outlet for their desires. The focus of the study in this thesis is: 1. What is the basis for the judge's considerations in deciding sanctions for the crime of rape of minors (Decision Study Number 3/Pid.Sus-Anak/2019/PN Msh). 2. What is the review of Islamic criminal law regarding sanctions for the crime of rape of minors (Decision Study Number 3/Pid.Sus-Anak/2019/PN Msh). This research uses a normative juridical approach. The data source for this research is primary data consisting of primary legal materials, secondary legal materials and tertiary legal materials. The data collection technique was carried out by means of library research. The results of this research conclude that the Judge's Basic Considerations Number 3/Pid.Sus-Anak/2019/Pn/Msh in cases of rape of minors took into account juridical and sociological considerations by sentencing the defendant to imprisonment for 3 (three) years and 6 (six) months at the Special Child Development Institute (LPKA), and Job Training for 1 (one) month, and a review of Islamic criminal law regarding decision Number 3/Pid.sus-Anak/2019/Pn/Msh is hudud law, where the punishment is included in the Jarimah of adultery, the punishment is being whipped 100 times and exiled for a year. Keywords: Child Rape, Criminal Sanctions, Adultery.
PENERAPAN ASAS HUKUM PIDANA ISLAM DALAM PENGGUNAAN CASE MANAGEMENT SYSTEM (CMS) MENURUT INSTRUKSI KEJAKSAAN AGUNG NOMOR 3 TAHUN 2020 (Studi Kejaksaan Negeri Banyuasin, Sumatera Selatan) Khairunnisa Khairunnisa; Atika Atika; Erniwati Erniwati
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.v8i1.23549

Abstract

The case handling process at the Prosecutor's Office utilizes information technology in the form of a case management system application. This is a change to the system which previously used a manual system and moved to using Information Technology. This is stated in Attorney General's Instruction Number 3 of 2020. However, in its implementation it has its own obstacles for implementers. The focus of the research is the mechanism for using the case management system application at the Banyuasin District Prosecutor's Office, and how to apply the principles of Islamic criminal law in using the case management system application at the Banyuasin District Prosecutor's Office. This research is empirical normative research, data sources were obtained through direct interviews with research objects, then processed using qualitative descriptive data analysis techniques. The research results show that the mechanism for using the case management system application at the Banyuasin District Prosecutor's Office is in accordance with the SOP that has been determined in the Regulation of the Attorney General of the Republic of Indonesia Number Per-036/A/JA/09/2011, which consists of the stages of pre-prosecution, prosecution, legal action until execution. The application of the principles of Islamic criminal law in the publication system for the case handling process using the CMS application has largely been carried out well and is in accordance with existing general criminal law, however in practice the implementation process in terms of the principle of expediency and the principle of deliberation has not been implemented well. Keywords: Criminal Justice System, Case Management System, Attorney General's Instructions, Principles of Islamic Criminal Law.