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All Journal Jurnal Al-Qadau: Peradilan dan Hukum Keluarga Islam Bureaucracy Journal : Indonesia Journal of Law and Social-Political Governance
Yudanata, Agung
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Religion Humanities Education Law, Crime, Criminology & Criminal Justice Social Sciences

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KASUS PELECEHAN SEKSUAL ANAK SEORANG PEJABAT TERHADAP SEORANG KORBAN YANG DIJADIKAN TERSANGKA DI PADANGSIDIMPUAN: KRITIK TERHADAP IMPLEMENTASI “UU NO. 25/2009” Liardo, Yogi Rananta; Yusuf, M.; Yudanata, Agung; Aulia, Puja; Fadil Alfarizi, Muhammad; Azhara, Pinkkan; Pohan, Nur Habibah; Shafa, Fakhri
Bureaucracy Journal : Indonesia Journal of Law and Social-Political Governance Vol. 5 No. 1 (2025): Bureaucracy Journal : Indonesia Journal of Law and Social-Political Governance
Publisher : Gapenas Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.53363/bureau.v5i1.526

Abstract

Cases of sexual harassment often occur in Indonesia, one of which is the case of the son of an official in Padangsidimpuan which led to the criminalization of the victim becoming a suspect, revealing serious problems in the implementation of the law in Indonesia, especially related to the protection of victims of sexual harassment. That victimization can indeed occur when there is a loophole committed by the victim, but still the victim needs to be given legal protection so that the rights owned by the victim are fulfilled. This study criticizes the implementation of Law No. 25 of 2009 concerning Public Service, which regulates the right to fair and transparent public service and analyzes the factors that cause the criminalization of victims, including social stigma, impartial legal approaches, and lack of understanding of the dynamics of sexual violence. The research method used in this article is the Literature study method where the data obtained by the researcher will then be analyzed and data validity will be carried out. The results of this study show that victim criminalization can indeed occur, but if the party committing the criminalization has enough evidence to commit the crime, but still must pay attention to the excuse and justification reasons owned by the victim. Criticism of the implementation of this law is expected that in carrying out public services, government officials do not abuse their authority to other communities.
SANKSI BAGI ANAK PERILAKU KRIMINAL KASUS PENCURIAN PERSPEKTIF JINAYAH ISLAM (Studi Kasus Kota Medan): Studi Kasus di Kota Medan Yudanata, Agung; Romadhona, Suci
Jurnal Al-Qadau: Peradilan dan Hukum Keluarga Islam Vol 13 No 1 (2026)
Publisher : Jurusan Hukum Acara Peradilan dan Kekeluargaan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24252/al-qadau.v13i1.65903

Abstract

This study aims to analyze sanctions imposed on juvenile offenders in theft cases from the perspective of Islamic criminal law (jinayah), with a case study in Medan City. The increasing involvement of children in theft offenses reflects complex social problems, including economic hardship, negative peer influence, and weak parental supervision. This research employs a qualitative method with a descriptive-analytical approach. Data were collected through library research and fieldwork, including interviews with officers of the Women and Children Protection Unit (PPA) of the Medan Police, officials of the Probation Office (Bapas), the Special Child Development Institution (LPKA), and several juvenile offenders. The findings indicate that, normatively Islamic criminal law does not impose punishment on children due to the absence of full legal responsibility (taklīf); instead, juvenile offenders are subject to ta'zīr sanctions, which emphasize education, moral guidance, and rehabilitation. Empirical findings further reveal that imprisonment is relatively ineffective in preventing recidivism, while restorative and family-based approaches are more constructive and sustainable. Therefore, the resolution of juvenile theft cases within the framework of jinayah prioritizes public welfare (maṣlaḥah), rehabilitation, and the protection of the child's future. An educative-restorative ta'zīr model is proposed as a more humane alternative, consistent with the objectives of Islamic law (maqāṣid al-sharīʿah) and modern juvenile justice systems.
Co-Authors Aulia, Puja Azhara, Pinkkan Fadil Alfarizi, Muhammad Liardo, Yogi Rananta M. Yusuf Pohan, Nur Habibah Romadhona, Suci Shafa, Fakhri