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All Journal PROGRESIF: Jurnal Hukum Legalite: Jurnal Perundang Undangan dan Hukum Pidana Islam AL-Ishlah : Jurnal Ilmiah Hukum AHKAM : Jurnal Hukum Islam dan Humaniora
Harahap, Mar’ie Mahfudz
Unknown Affiliation
Religion Humanities Law, Crime, Criminology & Criminal Justice Social Sciences

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Perkosaan Ayah pada Anak Kandung yang Masih di Bawah Umur dalam Perspektif Hukum Pidana Islam dan Hukum Pidana Bakara, Monica Anamaloka; Sitepu, Rajin; Harahap, Mar’ie Mahfudz
AHKAM Vol 2 No 3 (2023): SEPTEMBER
Publisher : Lembaga Yasin AlSys

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58578/ahkam.v2i3.1745

Abstract

The main problem in this thesis is how the provisions regarding the rape of a father on a biological child who is still underage in the view of Islamic criminal law and criminal law. Rape is a form of violence by coercion in subtle or gross forms, and has a negative impact on the future of the victim, especially since the victim is still a child (underage) both socially and psychologically. This thesis aims to explain the provisions of the views of Islamic law and criminal law regarding rape of minors committed by their own biological father. This research uses a qualitative method that is descriptive analytical, with a normative juridical approach. With the research object of legislation relating to legal theories. The data collection technique used in this research is library research and this method is used to complete the data needed in writing this thesis, namely by looking at laws and books related to the subject matter to be examined. The results of this study indicate that the sanctions against the perpetrators of the crime of father rape on their biological children who are still underage and in terms of Islamic criminal law, the first opinion is that the perpetrators are sentenced to stoning, the second opinion is to give punishment to the perpetrators of ta'zir punishment, the result and type of punishment are left to ruler's decision. In terms of criminal law, the defendant is given a maximum prison sentence of 15 years and a maximum fine of five billion rupiah which is contained in article 81 of Law Number 35 of 2014 concerning Child Protection, the criminal provisions in the Elimination of Domestic Violence (PKDRT) are contained in article 47 with a minimum imprisonment of 4 years and a maximum of 15 years or a minimum fine of twelve million and a maximum fine of three hundred million rupiah. And in the application of sentencing/court decisions, namely the judge's decision itself, there is no consistency in imposing criminal sentences, namely including articles contained in the Law on the Elimination of Domestic Violence (PKDRT).
Permasalahan Yuridis Penentuan Pelaku Utama Dalam Pemberian Justice Collaborator Sebuah Tindak Pidana Tertentu Harahap, Mar’ie Mahfudz; Anwar, Reski Reski
PROGRESIF: Jurnal Hukum Vol 16 No 1 (2022): PROGRESIF : Jurnal Hukum
Publisher : Fakultas Hukum Universitas Bangka Belitung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33019/progresif.v16i1.2943

Abstract

Abstract Justice collaborators are very much needed by law enforcement in uncovering certain criminal acts. The fact is that in the formulation of the justice collaborator arrangement in the law, especially the problem of determining the main actor, there are still many juridical problems that have an impact on its application and implementation. This research is classified into normative legal research (normative juridical), using primary legal materials and secondary legal materials. The approach used is a statutory approach to review all relevant rules and regulations. In this study, we will discuss the problem of legal arrangements related to the provisions for determining the provision of a justice collaborator for a particular crime, and the juridical problem of determining the main actor in the provision of a justice collaborator for a particular crime. The findings in this study indicate that there is no juridical definition of the main actors who cause legal problems at the level of norms and practice. The next finding is the difference in perception and the unclear determination of authority to determine the main actors between law enforcers which results in legal uncertainty. Keywords: Juridical Problems, Main Actor, Justice Collaborator, Certain Criminal acts.
Victim Blaming terhadap Korban Kekerasan dalam Rumah Tangga; Tinjauan Hukum Positif dan Hukum Pidana Islam Nasution, Chairunnisa; Harahap, Mar’ie Mahfudz
Legalite : Jurnal Perundang Undangan dan Hukum Pidana Islam Vol 10 No 2 (2025): Legalite: Jurnal Perundang Undangan dan Hukum Pidana Islam
Publisher : IAIN Langsa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32505/legalite.v10i2.12000

Abstract

This article aims to analyze and compare how Indonesian positive law and Islamic criminal law perceive and respond to the phenomenon of victim blaming against victims of domestic violence. The study adopts a qualitative method through a normative and comparative legal approach, based on statutory regulations, classical and contemporary Islamic jurisprudence literature, as well as academic journals published within the last ten years. The findings indicate that the practice of victim blaming not only exacerbates the psychological and social conditions of victims but also obstructs their access to justice. In the context of positive law, although Law Number Twenty-Three of the Year Two Thousand and Four provides a legal framework for the protection of domestic violence victims, its implementation still encounters challenges, including the persistence of patriarchal cultural norms, limited availability of legal assistance, and the lack of sensitivity among law enforcement personnel. On the other hand, Islamic criminal law upholds the principle of preserving the maqasid syariah, especially the protection of life and human dignity, and strictly prohibits domestic violence and the act of blaming victims, considering such behavior an act of injustice.
Pengaduan oleh Korban Tindak Pidana Perzinaan: Studi Perbandingan Hukum Pidana dan Hukum Islam Nasution, Ahmad Adanan; Harahap, Mar’ie Mahfudz
Al-Ishlah: Jurnal Ilmiah Hukum Vol 27 No 2: Juni - November 2024
Publisher : Fakultas Hukum, Universitas Muslim Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56087/aijih.v27i2.484

Abstract

This study aims to comprehensively analyze the differences between the complaint system for victims of adultery in the new Penal Code and Islamic Criminal Jurisprudence. This study uses a normative legal research method. The collected legal material is then qualitatively analyzed to describe the problem and answer the study objectives. The findings reveal fundamental differences between the two legal systems, despite a convergence in the expanded definition of adultery. The new Penal Code retains adultery as a complaint offense, allowing for the withdrawal of complaints before the trial examination begins. Conversely, Islamic Criminal Jurisprudence categorizes adultery as an ordinary offense, with complaints treated as da’wa (lawsuits) that, once proven, cannot be withdrawn due to their violation of Allah’s law. This distinction reflects a fundamental philosophical divergence between the two legal systems. The new Penal Code prioritizes protecting individual interests and providing room for reconciliation, while Islamic Criminal Jurisprudence emphasizes upholding moral values and divine justice. Therefore, it is recommended that law enforcement officers understand the philosophical differences and practical implications between the new Penal Code and Islamic Criminal Jurisprudence when handling adultery cases. Victims should understand their rights and the consequences of any legal action, including the possibility of reconciliation within the new Penal Code’s framework. Furthermore, society should enhance its understanding of both legal systems to actively participate in preventing and addressing adultery cases wisely and based on noble moral values, fostering a social environment conducive to peaceful and dignified conflict resolution.
Co-Authors Anwar, Reski Reski Bakara, Monica Anamaloka Nasution, Ahmad Adanan Nasution, Chairunnisa Sitepu, Rajin