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Moralitas Hukum dan Tindak Pidana Tanpa Korban: Kasus Prostitusi Harahap, Maulana Alghifari; Batubara, Wahyudi; Harahap, Rindur Rodiah; Adelia, Nona; Lubis, Maysa Putri Khairana
Media Hukum Indonesia (MHI) Vol 2, No 4 (2024): December
Publisher : Penerbit Yayasan Daarul Huda Kruengmane

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.5281/zenodo.14583776

Abstract

Prostitution is one of the controversial issues that raises debates between morality and legality. In the context of victimless crimes, prostitution is often seen as an act that does not directly harm others, but is still considered illegal in many countries, including Indonesia. This study aims to analyze how legal morality influences policies on prostitution as a victimless crime. With a normative legal approach and analysis of laws and regulations, this study found that law enforcement against prostitution is based more on moral considerations than on factual impacts on society. This study also highlights the need for legal reform that takes into account human rights and social realities. The problem of prostitution is indeed a classic problem that has long been a polemic, regarding this problem can give rise to pros and cons. If we look at it from the pros, it can be said that prostitution is an economic right carried out by a prostitution business actor, while if we look at it from the cons, prostitution is seen as a form of legalization of an illegal business that is contrary to an aspect of community morality, but on the other hand, a PSK herself can also be said to be a victim of the crime of prostitution made by the pimps, where the pimp has traded a human being where the human trafficking contains pornographic content carried out through the internet media. 
Nikah Mut’ah Harahap, Rindur Rodiah; Ardi, Siti Arawiyyah
Madani: Jurnal Ilmiah Multidisiplin Vol 3, No 1 (2025): February
Publisher : Penerbit Yayasan Daarul Huda Kruengmane

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Abstract

Family life or living in marriage is a reasonable and healthy hope and intention of every human being in their growth and development. Marriage in the view of Islam is something noble and sacred, meaningful Worship to Allah SWT, following the Sunnah of the Prophet and carried out on the basis of sincerity, Responsibility, and following the provisions of the law that must be obeyed. A prosperous family (sakinah family) is the dream of every person who is married. At all times, efforts to realize this sakinah family continue to be made, because, a sakinah family is not formed by itself, but, must be attempted and through a long process with a long time, let alone for a marriage with a limited time (mut'ah), a family that is built on a contract that is not limited by time (daim) is also very difficult to realize a sakinah family. Differences in scholars in responding to marriage always invite controversy to become a topic that is interesting to study, controversial marriages include mut'ah marriage. In this study, namely discussing the understanding and the fuqoha differing opinions regarding the law of the permissibility of mut'ah marriage. The issue of whether mut'ah marriage is still valid or not is an object of Ijtihad study, because it is a khilafiyah issue. In accordance with the purpose of marriage in Islam in general, and Law No. 1/1974 concerning Marriage, under normal circumstances mut'ah marriage is unacceptable, but in an emergency it can certainly be considered and seen which is greater in benefits and disadvantages.