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All Journal Airlangga Development Journal Hunafa: Jurnal Studia Islamika
Chairil, Aisyah
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MAQASHID ASY-SYARI'AH REVIEW ON FORMER CORRUPTION CONVICTS AS PROSPECTIVE LEGISLATIVE MEMBERS Chairil, Aisyah; Sugitanata, Arif
Hunafa: Jurnal Studia Islamika Vol 19 No 2 (2022): Hunafa: Jurnal Studia Islamika
Publisher : State Islamic University of Datokarama Palu

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24239/jsi.Vol19.Iss2.682

Abstract

Abstract. This paper discusses the maqashid asy-syari'ah study of former corrupt convicts as candidates for legislative members. Specifically, it tries to dissect the reasons why corrupt convicts are allowed to become candidates for members of the legislature and examine the Maqashid Asy-Shari'ah regarding the permissibility of corrupt convicts to become candidates for legislative members. By using a literature study approach. The results of this study indicate that it is permissible for former corrupt convicts to nominate themselves as legislature members. Based on the large value of maslahah contained when it is allowed for former corrupt convicts to re-run as legislative members representing electoral districts where the community has been harmed and betrayed by the ex-convicts. This benefit is not only in the position of ex-convicts as individual Muslims or as individual citizens, but the benefits include the stability of the culture of social life in society and the maintenance of a legal system that is following ideal legal as well as in the context of realizing the principles of justice in society.
LEGAL ANALYSIS OF THE CRIMINAL ACTS OF DOMESTIC VIOLENCE: DECISION NO. 101.Pid.Sus/2023/PN Lukman, Ulfi; Januardi, Hengk; Chairil, Aisyah; Budi, Dio Prasetyo; Arifin, Mohammad Daniel
Airlangga Development Journal Vol. 9 No. 2 (2025): AIRLANGGA DEVELOPMENT JOURNAL
Publisher : Universitas Airlangga

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20473/adj.v9i2.82577

Abstract

The main problem in this thesis is about the crime of domestic violence with the object of analysis in the case of Decision No. 101/Pid.Sus/2023/PN.Kbr. And to find out the judge's legal considerations in imposing criminal sanctions on perpetrators of criminal acts of domestic violence committed by husbands against wives in decision no. 101/Pid.Sus/2023/PN.Kbr. The research used to answer the two things above is literature research on decisions and the author took data obtained from court decisions in the form of interviews with one of the judges at the Koto Baru District Court. The aim of this thesis is to find out about criminal acts of domestic violence both under Islamic criminal law and under Law Number 23 of 2004, then to find out the application of legal considerations made by the judge in imposing a sentence on the defendant. The results of this research indicate that the application of material criminal law to criminal acts in the judge's decision in case no. No. 101/Pid.Sus/2023/PN.Kbr. In accordance with the legislation in this case regulated in law number 23 of 2004 concerning the elimination of domestic violence in handing down criminal sentences the judge has given considerations in accordance with the facts and those revealed in court both in terms of material criminal and formal criminal considerations.
Co-Authors Arifin, Mohammad Daniel Budi, Dio Prasetyo Januardi, Hengk Lukman, Ulfi Sugitanata, Arif