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All Journal Jurnal Penegakan Hukum dan Keadilan Tebuireng: Journal of Islamic Studies and Society Asketik: Jurnal Agama dan Perubahan Sosial
Agustiawan, M. Hendri
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Religion Humanities Education Law, Crime, Criminology & Criminal Justice Social Sciences

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Usia Pertanggungjawaban Pidana Anak dalam Perspektif Neurolaw Agustiawan, M. Hendri; Pujiyono, Pujiyono; Rozah, Umi
Jurnal Penegakan Hukum dan Keadilan Vol 4, No 2 (2023): September
Publisher : Universitas Muhammadiyah Yogyakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.18196/jphk.v4i2.18206

Abstract

Due to recent discoveries and technological advancements in neuroscience, we can gain a deeper understanding of the human brain that significantly impact juvenile criminal law, particularly concerning children's behavior and ability to regulate impulsive behavior. This study aims to analyze the current age of criminal responsibility in the Indonesian legal system using a neurolaw perspective that considers cognitive neuroscience and legal theory. The research utilizes normative legal research methodology with a statute approach and a neuroscience approach. The data obtained from literature research is then analyzed conceptually. The study results indicate that the age of criminal responsibility for children in Indonesia is 12 years; however, it has not yet reached 18 years. According to the neurolaw perspective, brain development within this age range is not fully matured and continues to undergo behavioral changes. This research implies the urgency of revising regulations regarding the age of criminal responsibility for children in Indonesia, considering the discoveries in neuroscience. Using a neurolaw perspective can encourage changes in legal policies that pay more attention to neurological factors in assessing juvenile criminal responsibility. As far as the law governs human behavior, the brain plays a crucial role in controlling that behavior. Therefore, a better understanding of the brain will lead to better and fairer laws.
Socio-Legal Analysis of Early Marriage Phenomenon during the COVID-19 Pandemic in Jombang Regency Agustiawan, M. Hendri; Mutahhirah, Nazhifatum
Asketik: Jurnal Agama dan Perubahan Sosial Vol. 7 No. 1 (2023): Asketik: Jurnal Agama dan Perubahan Sosial
Publisher : Prodi Sosiologi Agama

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30762/asketik.v7i1.962

Abstract

The enactment of Law Number 16 of 2019 Concerning Marriage is the government’s efforts to reduce early marriage, but has not achieved the optimal effect. The number of early marriages is increasing, especially during the Covid-19 pandemic. This paper aims to analyze the factors behind the Increasing Phenomenon of Early Marriage in Jombang Regency During The Covid 19 Pandemic and to explain the Consideration of Jombang Religious Court Judge's Decision regarding the Application for Marriage Dispension. This study was conducted empirically using a sociolegal approach, in which social action theory is an analytical tool. The results of this study indicate that the sharp increase in the rate of early marriage in the Jombang regency during the pandemic period is a complex issue involving many factors, including social problems, misuse of technology, the influence of social media, culture, and religion, as well as the lack of parental supervision. The judge's consideration regarding the application for marriage dispensation is to decide whether to grant the petition based on the impact of the gains that can be achieved and the harms that can be avoided.
The Islamic Perspective on Criminalization of Forced Marriage In Indonesia AGUSTIAWAN, M. HENDRI; Muhammad Abdulloh Rohmad Aziz
Tebuireng: Journal of Islamic Studies and Society Vol. 4 No. 2 (2023): Tebuireng: Journal of Islamic Studies and Society
Publisher : Fakultas Agama Islam, Universitas Hasyim Asy'ari

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33752/tjiss.v4i2.6230

Abstract

Forced marriage is a human rights violation that is widely practiced in various parts of the world, including Indonesia. This article aims to examine the Islamic perspective on the crime of forced marriage as regulated in Law Number 12 of 2022 concerning the Criminal Offense of Sexual Violence. This research is qualitative normative legal research analyzing laws and regulations in Indonesia and Islamic legal sources. The result of the study shows that Islam prohibits any form of forced marriage. Marriage must be based on the willingness and agreement of both parties. Perpetrators of forced marriage could be criminalized or sentenced to criminal sanction (takzir). Thus, Islam affirms the regulation of the criminal act of forced marriage as stated in Article Article 4 Paragraph (1) Letter e and Article 10 of Law of the Republic of Indonesia Number 12 of 2022 concerning Criminal Acts of Sexual Violence. By criminalizing forced marriages, Islamic principles reject all forms of destruction and defend the values of justice, equality, and beneficialness.
The Islamic Perspective on Criminalization of Forced Marriage In Indonesia AGUSTIAWAN, M. HENDRI; Muhammad Abdulloh Rohmad Aziz
Tebuireng: Journal of Islamic Studies and Society Vol. 4 No. 2 (2023): Tebuireng: Journal of Islamic Studies and Society
Publisher : Fakultas Agama Islam, Universitas Hasyim Asy'ari

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33752/tjiss.v4i2.6230

Abstract

Forced marriage is a human rights violation that is widely practiced in various parts of the world, including Indonesia. This article aims to examine the Islamic perspective on the crime of forced marriage as regulated in Law Number 12 of 2022 concerning the Criminal Offense of Sexual Violence. This research is qualitative normative legal research analyzing laws and regulations in Indonesia and Islamic legal sources. The result of the study shows that Islam prohibits any form of forced marriage. Marriage must be based on the willingness and agreement of both parties. Perpetrators of forced marriage could be criminalized or sentenced to criminal sanction (takzir). Thus, Islam affirms the regulation of the criminal act of forced marriage as stated in Article Article 4 Paragraph (1) Letter e and Article 10 of Law of the Republic of Indonesia Number 12 of 2022 concerning Criminal Acts of Sexual Violence. By criminalizing forced marriages, Islamic principles reject all forms of destruction and defend the values of justice, equality, and beneficialness.
Co-Authors Muhammad Abdulloh Rohmad Aziz Mutahhirah, Nazhifatum Pujiyono Pujiyono Umi Rozah