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All Journal TAZKIR: Jurnal Penelitian Ilmu-ilmu Sosial dan Keislaman Ulumuddin : Jurnal Ilmu-ilmu Keislaman
Rizkiansyah, Aprila
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Humanities Education Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Social Sciences Other

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Analisis Putusan Nomor 1/Pid.Sus/2023/PT Bandung Tentang Affiliator Trading Forex DS Perspektif Hukum Pidana Islam Rizkiansyah, Aprila; Najmudin, Deden; Azazy, Yusuf
Ulumuddin: Jurnal Ilmu-ilmu Keislaman Vol 15 No 1 (2025): Ulumuddin: Jurnal Ilmu-Ilmu Keislaman
Publisher : Universitas Cokroaminoto Yogyakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47200/ulumuddin.v15i1.2754

Abstract

This study analyzes the court decision in the DS case concerning fraud who have disseminated false information, resulting in losses for thousands of people from the perspective of Islamic criminal law. The research employs a normative juridical method, referencing books, journals, and legal rulings. Money laundering offenses are regulated by Law No. 8 of 2010 to protect the national financial system. The Bandung High Court Decision No. 1/Pid.sus/2023/PT Bdg sentenced DS to eight years of imprisonment, an increase from the first-instance court's, and mandated restitution for the victims. Under Islamic criminal law, the defendant's actions can be analyzed through the concepts of gharar (uncertainty) and khilda (fraud), with ta'zir punishments imposed at the discretion of the judge. This case underscores the importance of fair law enforcement, the protection of society, and alignment with Islamic legal norms in addressing harmful actions.
Sanksi Pidana Pelaku Promosi Judi Online Dalam Putusan Nomor: 19/Pid.Sus/2024/Pn Smd Perspektif Hukum Pidana Islam Abdul Kholik, Muhamad; Rahmat, Ariz Abiyyu; Maulana, Ade; Joli, Angelika; Rizkiansyah, Aprila
Tazkir: Jurnal Penelitian Ilmu-ilmu Sosial dan Keislaman Vol 11, No 1 (2025)
Publisher : Universitas Islam Negeri Syekh Ali Hasan Ahmad Addary Padangsidimpuan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24952/tazkir.v11i1.15846

Abstract

This research is motivated by the rampant phenomenon of online gambling promotion in Indonesia, which is not only carried out by celebrities but also ordinary people due to economic motivation. One of the cases that is the focus of the study is Decision Number: 19/Pid.Sus/2024/Pn Smd which imposes criminal sanctions on a perpetrator of online gambling promotion through social media. This topic is important because the high number of online gambling users, including among school-age children, indicates a serious threat to morality and social order. This research uses a normative juridical method with a library research approach to examine the legal basis and considerations of judges, as well as reviewing the suitability of criminal sanctions in the perspective of Islamic criminal law. The results show that the criminal elements have been legally fulfilled according to positive law, and the defendant's actions are also included in the jarimah ta'zir category in Islamic law. Although the verdict is considered complete in terms of evidence, the weakness lies in the lightness of the sanction which is only a conditional sentence, which risks creating a weak deterrent effect. Therefore, the results of this study are important as evaluation material for the development of legal policies that are more responsive and based on substantive justice values, both in terms of national law and Islamic perspectives.
Co-Authors Abdul Kholik, Muhamad Ade Maulana Azazy, Yusuf Joli, Angelika Najmudin, Deden Rahmat, Ariz Abiyyu