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All Journal Jurnal El-Thawalib Journal of Sharia and Legal Science Jurnal El-Thawalib
Pulungan, Rosdewi
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Religion Law, Crime, Criminology & Criminal Justice Social Sciences

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Perbandingan Perspektif Hukum Pencegahan Kejahatan Dunia Maya dalam Hukum Positif dan Hukum Pidana Islam Zulfahmi, Zulfahmi; Aulia, Putra; Muklis, Maulana; Pulungan, Rosdewi
Jurnal El-Thawalib Vol 6, No 2 (2025)
Publisher : UIN Syekh Ali Hasan Ahmad Addary Padangsidimpuan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24952/el-thawalib.v6i2.14928

Abstract

This research aims to identify the limitations of Indonesia’s positive legal regulations in addressing cybercrimes and explore the potential integration of relevant Islamic criminal law principles to enhance law enforcement effectiveness. This research employs a normative legal approach by analyzing legislation, legal doctrines, and relevant literature. Cybercrimes, such as hacking, phishing, malware attacks, and cyberbullying, have severe material, psychological, and social impacts, affecting individuals, businesses, and national security. Indonesia’s positive legal framework, particularly the Electronic Information and Transactions (ITE) Law, prescribes penalties of up to 10 years in prison or fines reaching IDR 10 billion. However, enforcement is often hampered by challenges in proving digital evidence, the anonymity of perpetrators, and jurisdictional limitations. From the perspective of Islamic criminal law, cybercrimes are classified as ta’zir offenses, granting judges the flexibility to determine appropriate punishments based on the severity of the crime. Beyond punitive measures, Islamic law emphasizes restorative justice through sincere repentance (taubat nasuha), ethical awareness, and moral guidance to rehabilitate offenders and prevent recidivism. This study underscores the need for a more integrative approach that combines positive legal mechanisms with Islamic ethical principles. Strengthening cooperation between law enforcement, government institutions, and society is crucial to enhancing cybercrime prevention. By integrating positive law with Islamic criminal law principles, this research proposes a comprehensive strategy to address digital crimes more effectively in Indonesia.
Perbandingan Perspektif Hukum Pencegahan Kejahatan Dunia Maya dalam Hukum Positif dan Hukum Pidana Islam Zulfahmi, Zulfahmi; Aulia, Putra; Muklis, Maulana; Pulungan, Rosdewi
Jurnal El-Thawalib Vol 6, No 2 (2025)
Publisher : UIN Syekh Ali Hasan Ahmad Addary Padangsidimpuan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24952/el-thawalib.v6i2.14928

Abstract

This research aims to identify the limitations of Indonesia’s positive legal regulations in addressing cybercrimes and explore the potential integration of relevant Islamic criminal law principles to enhance law enforcement effectiveness. This research employs a normative legal approach by analyzing legislation, legal doctrines, and relevant literature. Cybercrimes, such as hacking, phishing, malware attacks, and cyberbullying, have severe material, psychological, and social impacts, affecting individuals, businesses, and national security. Indonesia’s positive legal framework, particularly the Electronic Information and Transactions (ITE) Law, prescribes penalties of up to 10 years in prison or fines reaching IDR 10 billion. However, enforcement is often hampered by challenges in proving digital evidence, the anonymity of perpetrators, and jurisdictional limitations. From the perspective of Islamic criminal law, cybercrimes are classified as ta’zir offenses, granting judges the flexibility to determine appropriate punishments based on the severity of the crime. Beyond punitive measures, Islamic law emphasizes restorative justice through sincere repentance (taubat nasuha), ethical awareness, and moral guidance to rehabilitate offenders and prevent recidivism. This study underscores the need for a more integrative approach that combines positive legal mechanisms with Islamic ethical principles. Strengthening cooperation between law enforcement, government institutions, and society is crucial to enhancing cybercrime prevention. By integrating positive law with Islamic criminal law principles, this research proposes a comprehensive strategy to address digital crimes more effectively in Indonesia.
Etika Qur’ani dan Fiqh al-Bi’ah sebagai Landasan Kebijakan Ekologis: Pendekatan Normatif untuk Memperkuat Kesadaran Masyarakat Mandailing Natal Fahmi, Zul; Hasibuan, Affan Muhammad; Pebriyanti, Pebriyanti; Pulungan, Rosdewi; Asrofi, Asrofi; Zakari, Hamza Naziru
Journal of Sharia and Legal Science Vol. 4 No. 1 (2026): Journal of Sharia and Legal Science
Publisher : CV. Doki Course and Training

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61994/jsls.v4i1.1562

Abstract

This study examines the normative foundations of the Qur’an, fiqh al-bi’ah, and maqasid al-shari’ah as a basis for preventing destructive practices in Mandailing Natal (Madina) and evaluating the integration of Islamic norms with technical policies and remedial actions. This study uses a normative research method with a hermeneutic and fiqhiyyah approach, through reading the Qur’an and tafsir, as well as analyzing the principles of fiqh al-bi’ah and maqasid al-shari'ah. Data sources include scientific literature, regulations, MUI fatwas, field reports, and media archives, which are analyzed qualitatively-descriptively and triangulated with empirical evidence. The results show that Qur’anic and fiqhiyyah textual arguments affirm the normative obligation to maintain mizan and prevent fasad. Empirical findings confirm mercury pollution from Artisanal and Small-Scale Gold Mining (ASGM), coastal ecosystem degradation due to destructive fishing practices, and river waste accumulation that exacerbates health and livelihood vulnerabilities. This study also identifies gaps in the implementation of national policies at the local level, limited access to mercury-free technology, and weak regional operational regulations, which delay the internalization of ecological awareness. Based on these results, the study recommends strengthening policies based on maqasid al-shari’ah through district fatwa interventions and contextual regional regulations, thematic da'wah for behavioral change, adoption of mercury-free technology substitutes, and sharia financing mechanisms to support remediation and mitigation. This study is limited to normative and textual analysis without field testing, so further empirical research is recommended to assess the effectiveness of implementing Sharia-based ecological policies in Madina.
Co-Authors Asrofi, Asrofi Aulia, Putra Hasibuan, Affan Muhammad Muklis, Maulana Pebriyanti, Pebriyanti Zakari, Hamza Naziru Zul Fahmi Zulfahmi Zulfahmi