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All Journal Al-Qanun: Jurnal Kajian Sosial dan Hukum Islam
Hidayani, Sri
Universitas Medan Area
Religion Law, Crime, Criminology & Criminal Justice

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The Concept of Criminal Responsibility in Islamic Criminal Law Hidayani, Sri; Mina, Revi Fauzi Putra
Al-Qanun: Jurnal Kajian Sosial dan Hukum Islam Vol 3, No 2 (2022): Al-Qanun: Jurnal Kajian Sosial dan Hukum Islam
Publisher : Universitas Islam Negeri Sumatera Utara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58836/al-qanun.v3i2.19689

Abstract

Criminal law in Islam is an integral part of the Islamic legal system that regulates the behavior of individuals in society. The concept of criminal liability is an important aspect of this legal system, which includes various rules and principles governing how individuals are held accountable for criminal acts committed. This research aims to explain the concept of criminal liability in Islamic criminal law, focusing on the main principles related to law enforcement and punishment. The research method used is a normative juridical approach, which involves the study of Islamic legal doctrine, analysis of Islamic legal texts, and comparison with other criminal law systems. The results show that in Islamic criminal law, criminal responsibility does not only include aspects of punishment for criminal acts, but also considers aspects of guidance and rehabilitation. Principles such as ta'zir, hudud, and qisas become the foundation for criminal liability in Islamic criminal law, with the aim of maintaining justice, order, and security in society. The conclusion of this research is that the concept of criminal liability in Islamic criminal law has great relevance in the context of law enforcement and social justice. However, the protection of human rights and the principles of justice must also be upheld in the application of Islamic criminal law. Therefore, further research and interfaith dialog are important to deepen the understanding of the concept of criminal responsibility in Islamic criminal law and its application in the contemporary context.
Legal Aspects of Indecent Acts Against Minors: A Case Study of the Medan District Court Hidayani, Sri
Al-Qanun: Jurnal Kajian Sosial dan Hukum Islam Vol 4, No 2 (2023): Al-Qanun: Jurnal Kajian Sosial dan Hukum Islam
Publisher : Universitas Islam Negeri Sumatera Utara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58836/al-qanun.v4i2.21482

Abstract

Immoral crime is one type of crime, especially when you see the object of being molested, namely a minor. Children are the source of implementing development in the future. As a future generation, it is necessary for children to do things that are detrimental to the child's personal self, especially if these actions are very disturbing for his future. In immoral crimes, many of the victims are minors, therefore parents must pay attention to the growth and development of a child and know the rights and obligations as parents and provide knowledge to children about the rights and obligations of a child in the family and in society. In committing a crime, the perpetrators of the crime will receive sanctions or punishments. We can find out how the process and trial procedures in cases of immoral crimes are and what are the obstacles in the examination process. In this case the punishment received must be in accordance with the crime committed. 
Government Provisions Regarding Voting Rights in General Elections Hidayani, Sri; Mina, Revi Fauzi Putra
Al-Qanun: Jurnal Kajian Sosial dan Hukum Islam Vol 3, No 1 (2022): Al-Qanun: Jurnal Kajian Sosial dan Hukum Islam
Publisher : Universitas Islam Negeri Sumatera Utara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58836/al-qanun.v3i1.19685

Abstract

This research aims to analyze government provisions that affect voting rights in general elections. The main focus of the research is to explore how government policies and regulations can affect the exercise of voting rights and their impact on integrity and participation in the democratization process. The research methodology used a mixed approach combining legal document analysis, interviews with relevant stakeholders, and a survey of voters. The research identified a number of factors that affect voting rights, including voter registration regulations, accessibility of polling stations, and transparency of the electoral process. The analysis also covered aspects of security and voter protection in order to assess the extent to which the government has effectively guaranteed voting rights. The research findings highlight challenges in the implementation of these provisions, such as lack of resources, abuse of power, and lack of public understanding of their voting rights. The implication of this research is the importance of responsive and transparent governance in creating an enabling environment for fair and inclusive voting rights. The results also provide a foundation for developing policy recommendations that can improve electoral integrity and increase public participation. By understanding these dynamics, it is hoped that governments can optimize their role in ensuring that voting rights as a key pillar of democracy are maintained.
Criminalization and Decriminalization Policies in the New Concept of the Criminal Code Hidayani, Sri; Mina, Revi Fauzi Putra
Al-Qanun: Jurnal Kajian Sosial dan Hukum Islam Vol 2, No 4 (2021): Al-Qanun: Jurnal Kajian Sosial dan Hukum Islam
Publisher : Universitas Islam Negeri Sumatera Utara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58836/al-qanun.v2i4.19469

Abstract

Criminalization is related to policies that aim to create security and order within a country to regulate each layer of multicultural society. The criminalization policy only regulates actions that can cause damage and cause victims. So the policy exists to prohibit an act where the act was previously not prohibited (not against the law), this is related to the Principle of Legality, which is the principle which is the basis in the Criminal Code and a guide for the community so that policy makers (the government) do not arbitrarily in criminalizing society, because an act is prohibited and a sanction applies because there is a legal basis (criminalization policy). Then, in the Criminal Code there are policy matters related to the Decriminalization policy. Decriminalization is a policy where initially an act is prohibited and then changed to an act that is considered normal. In the Criminalization Policy there are various classifications of offenses which are of course in accordance with the new Criminal Code. One of them is the latest definition of "afkoop" (Article 82 of the Criminal Code) which is the basis for eliminating prosecution, which does not only apply to offences, but can apply to all criminal acts, even with limitations on the maximum penalty. The reference source parameters are based on existing studies
Co-Authors Revi Fauzi Putra Mina