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All Journal BILANCIA Al-Rasikh : Jurnal Hukum Islam Bilancia : Jurnal Studi Ilmu Syariah dan Hukum
Hasibuan, Affan Muhammad
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Religion Law, Crime, Criminology & Criminal Justice

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Criminal Sanctions for Extortionists in the Perspective of Positive Law and Islamic Criminal Law: A Comparative Analysis Zulfahmi, Zulfahmi; Hasibuan, Affan Muhammad; Pebriyanti, Pebriyanti; Nasution, Abdul Haris; Asrofi, Asrofi
al-Rasῑkh: Jurnal Hukum Islam Vol. 14 No. 1 (2025): May
Publisher : Universitas Islam Internasional Darullughah Wadda'wah Bangil Pasuruan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.38073/rasikh.v14i1.1978

Abstract

Illegal levies (extortion) are a form of corruption that harms the public and weakens trust in public institutions. This research aims to analyze criminal sanctions against extortionists in the perspective of positive law and Islamic criminal law and compare their approaches. The research method uses a qualitative approach through literature study of legal literature, regulatory documents, and interpretation of fiqh books. The results showed that in positive law, extortion is categorized as a criminal act of corruption with severe criminal penalties under the Corruption Eradication Law, such as a minimum prison sentence of 4 years to a maximum of 20 years, and additional penalties such as fines. Meanwhile, in Islamic criminal law, extortion is categorized as jarimah ta’zir with flexible sanctions adjusted by the judge, such as dismissal from office or return of extortion proceeds, which aims to maintain the public interest. The comparison shows that positive law focuses on deterrent effects and system protection, while Islamic law emphasizes moral justice and restoration of community rights. This research contributes to offering an integrative approach that combines the power of positive law and the values of Islamic law, in order to eradicate extortion effectively and fairly.
Criminal Liability For Illegal Abortion In Indonesian And Islamic Law: a Comparative Study Fahmi, Zul; Hasibuan, Affan Muhammad; Nasution, Roni Risky; Asrofi, Asrofi; Suroto, Suroto
Bilancia: Jurnal Studi Ilmu Syariah dan Hukum Vol. 19 No. 1 (2025): Bilancia: Jurnal Studi Ilmu Syariah dan Hukum
Publisher : Fakultas Syariah Institut Agama Islam Negeri Palu

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24239/blc.v19i1.3909

Abstract

This study examines criminal liability for illegal abortion under Indonesian positive law and Islamic law by analyzing their normative foundations, common ground, and points of difference. Using a normative legal research method with a comparative approach, this study utilized primary sources, including the Criminal Code, Health Law, Qur’an, Hadith, classical fiqh literature, and MUI fatwas to map the rules and rationale of each system. The findings show that both legal frameworks expressly prohibit abortion without a valid reason, but differ in terms of rationale and sanctions. Indonesian law emphasizes formal legal protection of the right to life, with prison sentences of up to 15 years and fines of up to 1 billion rupiah. Islamic law frames abortion as a moral-religious offense, calibrating punishment to the development of the fetus: before 120 days, the perpetrator pays ghurrah, and after 120 days, abortion is equated with murder and punishable by qisas or diyat. Integrating textual interpretation with the maqasid sharia framework, this research contributes a nuanced comparative model that highlights how secular and religious norms can inform one another. This research underscores the need for legal harmonization, policymakers can enrich Indonesia’s regulatory regime by incorporating maqasid sharia principles such as staged medical review and psychosocial counseling into existing legislation to strike a balance between legal certainty, public health, and ethical imperatives. These insights pave the way for targeted reforms and empirical studies that assess the real-world impact of a harmonized, combined approach in reducing illegal unsafe abortion and promoting reproductive justice
Criminal Liability For Illegal Abortion In Indonesian And Islamic Law: a Comparative Study Fahmi, Zul; Hasibuan, Affan Muhammad; Nasution, Roni Risky; Asrofi, Asrofi; Suroto, Suroto
Bilancia: Jurnal Studi Ilmu Syariah dan Hukum Vol. 19 No. 1 (2025): Bilancia: Jurnal Studi Ilmu Syariah dan Hukum
Publisher : Fakultas Syariah Institut Agama Islam Negeri Palu

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24239/blc.v19i1.3909

Abstract

This study examines criminal liability for illegal abortion under Indonesian positive law and Islamic law by analyzing their normative foundations, common ground, and points of difference. Using a normative legal research method with a comparative approach, this study utilized primary sources, including the Criminal Code, Health Law, Qur’an, Hadith, classical fiqh literature, and MUI fatwas to map the rules and rationale of each system. The findings show that both legal frameworks expressly prohibit abortion without a valid reason, but differ in terms of rationale and sanctions. Indonesian law emphasizes formal legal protection of the right to life, with prison sentences of up to 15 years and fines of up to 1 billion rupiah. Islamic law frames abortion as a moral-religious offense, calibrating punishment to the development of the fetus: before 120 days, the perpetrator pays ghurrah, and after 120 days, abortion is equated with murder and punishable by qisas or diyat. Integrating textual interpretation with the maqasid sharia framework, this research contributes a nuanced comparative model that highlights how secular and religious norms can inform one another. This research underscores the need for legal harmonization, policymakers can enrich Indonesia’s regulatory regime by incorporating maqasid sharia principles such as staged medical review and psychosocial counseling into existing legislation to strike a balance between legal certainty, public health, and ethical imperatives. These insights pave the way for targeted reforms and empirical studies that assess the real-world impact of a harmonized, combined approach in reducing illegal unsafe abortion and promoting reproductive justice
Co-Authors Abd Haris Nasution Asrofi, Asrofi Nasution, Roni Risky Pebriyanti, Pebriyanti Suroto Suroto Zul Fahmi Zulfahmi Zulfahmi