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All Journal Brawijaya Law Journal : Journal of Legal Studies Epistemé: Jurnal Pengembangan Ilmu Keislaman
Bagaskoro, Ladito Risang
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Religion Arts Humanities Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Social Sciences

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ISLAM AND STATE’S LEGAL PLURALISM: The Intersection of Qanun Jinayat and Criminal Justice System in Indonesia Afandi, Fachrizal; Bagaskoro, Ladito Risang
Epistemé: Jurnal Pengembangan Ilmu Keislaman Vol 19 No 01 (2024)
Publisher : UIN Sayyid Ali Rahmatullah Tulungagung, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21274/epis.2024.19.01.1-26

Abstract

The article seeks to investigate the intersection of local-based religion legal system and state’s legal system. It focuses on the constitutional debates on the position and the status of Aceh Qanun Jinayat within the Indonesian legal system and how the Indonesian Supreme Court the Islamic penal law based on Aceh’s Qanun in their decisions. Using the legal research approach, this article begins with the background of the Qanun Jinayat implementation in Aceh, then discusses the constitutional debates on the position of the Qanun in the Indonesian legal system and ends with analyses of Supreme Court decisions on the application of the Qanun Jinayat in criminal cases in Aceh. This article argue that Aceh’s Qanun is similar to the other provincial regulation within the Indonesian legal system, which has limited areas to regulate the punishment in criminal cases. However, the paper found that although the Indonesian legal system forbids Aceh’s Qanun holds the penalty more severe than the National criminal law, the Supreme Court seems to accept these practices and use them in their decisions in Aceh’s criminal cases.
Strengthening the Position of Child Victims as Witnesses Through Video Recordings in Sexual Violence Crimes (A Comparison Between Indonesia and Malaysia) Aprilianda, Nurini; Kadir, Nadhilah A.; Bagaskoro, Ladito Risang; Yuliani, Anggi Ari
Brawijaya Law Journal Vol. 11 No. 2 (2024): The Role Of Human Rights on ASIA Pacific Policies and Strategies
Publisher : Faculty of Law, Universitas Brawijaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21776/ub.blj.2024.011.02.02

Abstract

The increasing number of children as witnesses in proving a criminal offense presents a problem in the Indonesian criminal justice system. Based on Article 184 of the Criminal Procedure Code, evidence provided by witnesses must meet specific requirements, including being given by adults. Consequently, testimony from child witnesses is not recognized as valid evidence, as they are not sworn in and are considered legally immature. Apart from that, the impact of technological developments, such as the use of video to record children's statements as witnesses, has not yet become part of witness statements as a valid form of evidence. However, the Malaysian legal system, through the Evidence of Child Witness Act 2007, has made legal breakthroughs that allow child victim statements as admissible evidence through recorded footage, live video, and in-person testimony. This research seeks to reinforce the role of children as witnesses by employing a normative juridical method, along with statutory and comparative legal approaches, to explore potential changes in legislation to incorporate video-recorded testimony for child witnesses. Legislative updates may involve revising (a) the Child Protection Law; (b) the Criminal Procedure Code (KUHAP); and (c) the Electronic Information and Transactions Law. Besides, practical steps could support these changes, such as creating dedicated spaces with appropriate technology, establishing protocols and standards for child witness testimonies, and providing specialized training for judges, prosecutors, and investigators.
Co-Authors Fachrizal Afandi Kadir, Nadhilah A. Nurini Aprilianda yuliani, anggi ari