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All Journal Al-Ahkam: Jurnal Ilmu Syari'ah dan Hukum Journal of Asian Wisdom and Islamic Behavior HUNILA : Jurnal Ilmu Hukum dan Integrasi Peradilan
Sukiyawati
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Religion Humanities Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Social Sciences Other

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Legal Aid in Jināyāt and the Indonesian Criminal Code: An Account on Free Legal Advice Sukiyawati; La Ode Bunga Ali; Rajasree; Zakurdaeva
Al-Ahkam: Jurnal Ilmu Syari’ah dan Hukum Vol. 8 No. 2 (2023): Al-Ahkam: Jurnal Ilmu Syari'ah dan Hukum
Publisher : Fakultas Syariah, Universitas Islam Negeri Raden Mas Said Surakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22515/alahkam.v8i2.8236

Abstract

This study aims to investigate the comparison between the Law of Jināyāt Procedure and the The Code of Criminal Procedure (publicly known as KUHAP) in providing free legal aid for suspects. This research applies a normative juridical approach with legislative and conceptual perspectives, studying Qānūn Aceh Number 7 of 2013 on the law of Jināyāt Procedure and Law Number 8 of 1981 on the Code of Criminal Procedure. This article concludes that under The law of Jināyāt Procedure, an individual provided with legal advices is threatened with sixty lashes or a fine of one thousand and two hundred grams of pure gold or sixty months of imprisonment or more. Meanwhile, criminal procedural law limits the provision of legal advice to suspects facing imprisonment of five years or more, the death penalty, or fifteen years of imprisonment. This article suggests that the concept of free legal counsel provided by the state should be extended to all suspects.
DUALISME MODEL PERLINDUNGAN SAKSI TINDAK PIDANA KORUPSI DI KOMISI PEMBERANTASAN KORUPSI Sukiyawati; Alif Rahman
HUNILA : Jurnal Ilmu Hukum dan Integrasi Peradilan Vol. 2 No. 2 (2024): HUNILA: Jurnal Ilmu Hukum dan Integrasi Peradilan
Publisher : Institut Agama Islam Negeri Fattahul Muluk Papua

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.53491/hunila.v2i2.984

Abstract

Witnesses to criminal acts of corruption handled by the Corruption Eradication Committee often experience threats or violence so they ask for help from the Corruption Eradication Commission, but it turns out that there are other institutions that have the authority to protect them, such as the LPSK, so the research will examine and analyze the dualism of the model for protecting witnesses to corruption crimes at the Corruption Eradication Commission. This research uses normative juridical, legislative research approaches, primary legal materials on the Witness and Victim Protection Law, the Corruption Eradication Commission Law. Secondary legal materials, journals, books and other references that have relevance to this research. The analysis technique used is descriptive analytical, the interpretation used is systematic and grammatical. The research results show that the Corruption Eradication Commission Law regulates that the authority to provide protection is the Corruption Eradication Committee (KPK) as regulated in Article 15, while in the Witness and Victim Protection Law it is the Witness and Victim Protection Agency (LPSK), so there is overlapping authority. So that each institution can provide protection. However, this problem can be resolved by using principles, namely the principle of lex specialis derogat legi generalis or specific laws overriding general laws. So in relation to witness protection, you can use the Witness and Victim Protection Law. In the future, suggestions need to be made to revise the Corruption Eradication Commission Law so that it removes the authority of the Corruption Eradication Commission (KPK) to provide witness protection and regulates the LPSK as an institution that is given the authority to protect witnesses. So that efforts to synchronize witness protection are realized that are good and correct.
The Relationship between Local Wisdom and Islamic Against Ka’ombo in Buton’s Lambusango Forest Sukiyawati; Muhammad Majid
Journal of Asian Wisdom and Islamic Behavior Vol. 2 No. 2 (2024)
Publisher : JAWAB: Journal of Asian World and Islamic Behavior Journal of Asian World and Islamic Behavior

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59371/jawab.v2i2.82

Abstract

Forms of local wisdom are very diverse, starting from certain ceremonies, certain crafts, and certain activities that are considered beneficial for human survival. Local wisdom indeed aims to maintain the original characteristics of each region and is beneficial for the people in that region, but how does Islam assess this local wisdom? The relationship between local wisdom and the Islamic religion is mutually sustainable towards environmental preservation by using kaombo in the Lambusango Forest, Buton. This research was conducted using qualitative methods with the type of phenomenological research. According to Creswell, qualitative research arises in the background of natural situations in which many human behaviors and events occur. The Ka'ombo ritual is included in al 'urf al-khash, namely customs that apply in society and in certain areas, in this case a special tradition in the Buton Sultanate and which continues to be preserved by the Buton people until now. As for its validity from a syara' perspective, the Ka'ombo ritual is included in Al-'urf al-shahih, namely customs that apply in society that do not conflict with the texts (verses or hadith), do not eliminate their benefits, and do not bring harm to they.
Co-Authors Alif Rahman La Ode Bunga Ali Muḥammad Mājid Rajasree Zakurdaeva