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All Journal Al Hurriyah : Jurnal Hukum Islam Hakamain: Journal of Sharia and Law Studies
Parut, Wensislaus
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Religion Humanities Law, Crime, Criminology & Criminal Justice Social Sciences

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Sanctions for Fish Theft According to Regulation No. 09 of 2021 in the Perspective of Islamic Criminal Law in Nagari Padang Air Dingin Parut, Wensislaus; Sari, Respita; Zaenab Djahamao, Nurangdini
Hakamain: Journal of Sharia and Law Studies Vol. 3 No. 2 (2024): December 2024
Publisher : Yayasan Lembaga Studi Makwa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.57255/hakamain.v3i2.343

Abstract

This research examines the sanctions for fish theft as regulated by Regulation No. 09 of 2021 in Nagari Padang Air Dingin, from the perspective of Islamic Criminal Law. Fish theft is a significant issue in the community, and local regulations are enforced to address this crime. Regulation No. 09 of 2021 stipulates penalties for those caught stealing fish within the jurisdiction of Nagari Padang Air Dingin, aiming to protect the livelihoods of local fish farmers and ensure the sustainability of fisheries. Islamic Criminal Law offers a framework for dealing with theft, including hudud (fixed punishments), ta'zir (discretionary punishments), and reconciliation between the offender and the victim. This study analyzes how the local regulations align with or differ from Islamic legal principles concerning theft, focusing on the nature of the crime, the process of adjudication, and the punishment applied. The findings suggest that while the regulation primarily focuses on material restitution and deterrence, there is room for incorporating Islamic values such as repentance, forgiveness, and community-based resolutions in resolving cases of fish theft. By comparing local norms with Islamic criminal jurisprudence, this research highlights the potential for a more holistic approach to justice that balances punishment with moral and social rehabilitation.
Discrimination in the Registration of Marriages of Different Religions: Regulation and Practice in Southeast Asia Parut, Wensislaus; Yufriadi, Ferdi; Ngardi, Valensius; Anggraini Rizki, Meisya
Alhurriyah Vol 9 No 1 (2024): June 2024
Publisher : Universitas Islam Negeri Sjech M. Djamil Djambek Bukittinggi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30983/alhurriyah.v9i1.8544

Abstract

This research focuses on discrimination against religious minorities in Indonesia, Malaysia and Brunei Darussalam, three countries with strong religious traditions and legal systems. As a result of this diversity, different religious backgrounds often raise significant legal and social issues when they want to register their marriages, resulting in unpredictable events and difficulties when settling serious matters. This research utilises a qualitative methodology to examine legal texts, court judgements, court decisions, and data from case studies and interviews, which illustrate the complex interaction between religious and sectarian law. Through a comparative analysis of laws in Indonesia, Malaysia and Brunei Darussalam, this study explains how religious and sectarian norms in the legal system impact discriminatory practices. The research findings of legal and administrative challenges faced by interfaith couples, such as denial of marriage registration and the risk of social stigma, suggest a broader tension between religious authorities and state governance. With comprehensive legal reforms that not only address religious issues but also protect the rights of all individuals, and provide valuable insights and recommendations that can be implemented globally by those responsible for the practice of law, particularly in Indonesia, Malaysia and Brunei Darussalam
Discrimination in the Registration of Marriages of Different Religions: Regulation and Practice in Southeast Asia Parut, Wensislaus; Yufriadi, Ferdi; Ngardi, Valensius; Anggraini Rizki, Meisya
Alhurriyah Vol 9 No 1 (2024): June 2024
Publisher : Universitas Islam Negeri Sjech M. Djamil Djambek Bukittinggi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30983/alhurriyah.v9i1.8544

Abstract

This research focuses on discrimination against religious minorities in Indonesia, Malaysia and Brunei Darussalam, three countries with strong religious traditions and legal systems. As a result of this diversity, different religious backgrounds often raise significant legal and social issues when they want to register their marriages, resulting in unpredictable events and difficulties when settling serious matters. This research utilises a qualitative methodology to examine legal texts, court judgements, court decisions, and data from case studies and interviews, which illustrate the complex interaction between religious and sectarian law. Through a comparative analysis of laws in Indonesia, Malaysia and Brunei Darussalam, this study explains how religious and sectarian norms in the legal system impact discriminatory practices. The research findings of legal and administrative challenges faced by interfaith couples, such as denial of marriage registration and the risk of social stigma, suggest a broader tension between religious authorities and state governance. With comprehensive legal reforms that not only address religious issues but also protect the rights of all individuals, and provide valuable insights and recommendations that can be implemented globally by those responsible for the practice of law, particularly in Indonesia, Malaysia and Brunei Darussalam
Co-Authors Anggraini Rizki, Meisya Ngardi, Valensius Sari, Respita Yufriadi, Ferdi Zaenab Djahamao, Nurangdini