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Abd. Mukhsin
State Islamic University of North Sumatra, Indonesia
Law, Crime, Criminology & Criminal Justice

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Criminal Acts of Threats by Debt Collectors Against Debtors in the Per-spective of the Criminal Code and Islamic Criminal Law Afifuddin Salim Ahmad Assyura; Abd. Mukhsin
LEGAL BRIEF Vol. 13 No. 5 (2024): December: Law Science and Field
Publisher : IHSA Institute

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35335/legal.v13i5.1156

Abstract

Criminal acts of threats by debt collectors against debtors are a significant issue in the context of criminal law in Indonesia. This study aims to analyze legal provisions regarding criminal acts of threats in the Criminal Code (KUHP) and from the perspective of Islamic criminal law. The research method used includes literature studies and case analysis. The results show that although the KUHP provides a comprehensive legal framework, its implementation is often ineffective due to weak oversight and law enforcement. Islamic criminal law offers a rigid approach but requires adaptation to modern legal contexts. Evaluations of threat cases by debt collectors reveal significant violations and insufficient protection for debtors. Recommendations for improvement include drafting more detailed regulations, enhancing oversight, and comprehensive legal education. The implementation of digital technology in debt collection is also suggested to increase transparency and accountability.
Criminal Liability for Online Gambling Promotion Perpetrators Through Sports Streaming Services According to Islamic Criminal Law Nanda Bagus Sumantoro; Abd. Mukhsin
LEGAL BRIEF Vol. 13 No. 5 (2024): December: Law Science and Field
Publisher : IHSA Institute

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35335/legal.v13i5.1157

Abstract

This article discusses the criminal responsibility of individuals promoting online gambling through sports streaming services according to Islamic criminal law and positive law in Indonesia. The background of the problem includes the obligation of streaming service providers to monitor and control promotional content that violates the law and the criminal liabilities that may be imposed on them. The aim of this study is to analyze the mechanisms of content monitoring and control in both positive law and Islamic law, and compare them with regulations in other countries. The method used includes literature review and case analysis. The results indicate that Islamic criminal law prohibits gambling with severe penalties for both perpetrators and facilitators, while Indonesian positive law through the Penal Code and the ITE Law also prohibits online gambling promotion, requiring platform providers to moderate content. However, legal implementation faces technical challenges in detection and enforcement. In conclusion, there is a need for enhanced monitoring systems and stricter law enforcement, along with closer collaboration between service providers and legal authorities to effectively prevent online gambling promotion
Co-Authors Afifuddin Salim Ahmad Assyura Nanda Bagus Sumantoro