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All Journal Nagari Law Review Tribakti: jurnal pemikiran keIslaman Journal of Sustainable Development and Regulatory Issues Tribakti: Jurnal Pemikiran Keislaman
Asneliwarni
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Religion Arts Humanities Education Environmental Science Law, Crime, Criminology & Criminal Justice Public Health Social Sciences Other

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Criminal Penalties for Foreigners Engaged in Illegal Fishing Indonesia's ZEE Impact SDGs Irawan, Aris; Asneliwarni; Julian Ransangan; Rachel Georghea Sentani
Journal of Sustainable Development and Regulatory Issues (JSDERI) Vol. 3 No. 1 (2025): Journal of Sustainable Development and Regulatory Issues
Publisher : Lembaga Contrarius Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.53955/jsderi.v3i1.42

Abstract

This research examines Indonesia's criminal law policy's readiness to address fisheries and maritime crimes within the Indonesian Exclusive Economic Zone (ZEEI) and its implications for achieving the Sustainable Development Goals (SDGs). However, in the UNCLOS 1982, Indonesia is prohibited from imposing imprisonment as a sanction for violations of the ZEEI, allowing only fines as penalties. In addition to normative issues, structural issues also pose challenges to effective law enforcement and threaten the success of Indonesia's SDGs in the fisheries sector. Using a normative legal research method with statutory, conceptual, and historical approaches. The study finds that Indonesia, as a signatory to UNCLOS 1982, must carefully adapt international rules into national laws without compromising its sovereignty. To achieve legal certainty, imprisonment as an alternative to fines should be considered. Fisheries crimes in ZEEI negatively impact SDGs by depleting fishery resources, destabilizing the economy, violating human rights, and causing environmental damage. Judges play a critical role as enforcers of legal certainty and protectors of Indonesia's national interests through the Judicial Power Law. This research underscores the need for legal reform to strengthen Indonesia’s sovereignty and sustainability in maritime law enforcement.
Women as Victims of Human Trafficking (TPPO) In North Kalimantan Indonesia from Criminal Law and Islamic Law Perspectives Irawan, Aris; wahyuni, Fitri; Suryani, Nilma; Asneliwarni, Asneliwarni
Nagari Law Review Vol 8 No 3 (2025): Nagari Law Review
Publisher : Faculty of Law, Andalas University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25077/nalrev.v.8.i.3.p.514-530.2025

Abstract

The criminal act of human trafficking (TPPO) is a serious crime that occurs on both national and international scales. It is a crime that is not easily detected because it is carried out in an organized and professional manner. Cases of human trafficking continue to increase every year, both globally and in Indonesia. This clearly proves that various international and national regulations have not been able to eliminate this crime. Therefore, it can be concluded that the high rate of human trafficking is not caused by a lack of regulations established by the government, but rather by the fact that the criminal penalties imposed on the perpetrators have not been effective in deterring them. Additionally, the existing regulations have not been fully effective in preventing the crime. Thus, it is necessary to compare the legal provisions on human trafficking with those found in Islamic criminal law. This research falls under normative legal research, using secondary data and analyzed deductively. Indonesia has regulated human trafficking in the Criminal Code (KUHP), specifically in Article 296, which prohibits human trafficking in the form of sexual exploitation. Similarly, Islamic criminal law prohibits human trafficking. This is based on the primary objectives of Islamic law (Maqāṣid al-Sharī ‘ah), which emphasize the importance of preserving five essential values: religion (dīn), life (nafs), intellect (‘aql), lineage (nasl), and property (māl), as stated in the Qur'an, Surah Al-Isra (17:70). Islamic law strictly forbids all forms of coercion, slavery, and sexual exploitation, as these actions violate the sanctity of human dignity.
The Perceptions and Tendencies of Judges Religious Court In Using the Kitab Kuning (Books of Fiqh) in Indonesia Irawan, Aris; Fitri Wahyuni; Reza Hanifa; Asneliwarni; Suryani, Rias Wita
Tribakti: Jurnal Pemikiran Keislaman Vol. 33 No. 2 (2022): Tribakti: Jurnal Pemikiran Keislaman
Publisher : Universitas Islam Tribakti (UIT) Lirboyo Kediri

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33367/tribakti.v33i2.2030

Abstract

This research investigates the judges’ perception and tendency to refer to the Books of Fiqh (Kitab Kuning). This research focuses on sharia economic dispute settlement in Indonesian religious courts. The research method used combines normative legal and empirical socio-legal research. The results found that the perception and tendency of judges towards several sources of legal rules in assessing, weighing, and deciding a sharia economic case in the Indonesian Religious Courts, did not always rely on one KHES as a material source. In Indonesian law, judges cannot use only one source in resolving sharia economic disputes, such as the Book of Fiqh (Kitab Kuning) only. However, it is an equally important combination, and it can be seen from several decisions of the Religious Courts in Indonesia.
The Perceptions and Tendencies of Judges Religious Court In Using the Kitab Kuning (Books of Fiqh) in Indonesia Irawan, Aris; Fitri Wahyuni; Reza Hanifa; Asneliwarni; Suryani, Rias Wita
Tribakti: Jurnal Pemikiran Keislaman Vol. 33 No. 2 (2022): Tribakti: Jurnal Pemikiran Keislaman
Publisher : Universitas Islam Tribakti (UIT) Lirboyo Kediri

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33367/tribakti.v33i2.2030

Abstract

This research investigates the judges’ perception and tendency to refer to the Books of Fiqh (Kitab Kuning). This research focuses on sharia economic dispute settlement in Indonesian religious courts. The research method used combines normative legal and empirical socio-legal research. The results found that the perception and tendency of judges towards several sources of legal rules in assessing, weighing, and deciding a sharia economic case in the Indonesian Religious Courts, did not always rely on one KHES as a material source. In Indonesian law, judges cannot use only one source in resolving sharia economic disputes, such as the Book of Fiqh (Kitab Kuning) only. However, it is an equally important combination, and it can be seen from several decisions of the Religious Courts in Indonesia.
Co-Authors Fitri Wahyuni Fitri Wahyuni Irawan, Aris Julian Ransangan Rachel Georghea Sentani Reza Hanifa Suryani, Nilma Suryani, Rias Wita