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All Journal BUSTANUL FUQAHA: Jurnal Bidang Hukum Islam Qisthosia
Inda Sari Palinrungi
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Religion Humanities Environmental Science Law, Crime, Criminology & Criminal Justice Social Sciences

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Analisis Hukum Pemberian Remisi Terhadap Narapidana Tindak Pidana Korupsi: Legal Analysis of Remission for Prisoners Convicted of Corruption Syah, syawal Amirul; Asrullah Dimas; Mirnayanti; Sri Hasrina; Inda Sari Palinrungi; Nur Akifah Janur
QISTHOSIA : Jurnal Syariah dan Hukum Vol. 6 No. 1 (2025)
Publisher : Sekolah Tinggi Agama Islam Negeri Majene

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.46870/jhki.v6i1.1566

Abstract

This study aims to analyze the juridical aspects of granting remissions to prisoners convicted of corruption crimes, focusing on the legal requirements and their alignment with Indonesian law. The primary questions addressed include the conditions under which remissions are granted, particularly within a moratorium framework, and how these legal regulations synchronize with other relevant laws in Indonesia’s legal system. The research employs a normative legal methodology, reviewing relevant legal materials, theories, principles, and regulations related to the issue. The main findings reveal that the legal requirements for remissions are stipulated in several government regulations, with notable differences between criteria for ordinary and extraordinary crimes, specifically for corruption offenses where stricter conditions are applied, complicating prisoner eligibility. Additionally, legal inconsistencies exist because the moratorium on remission for corruption prisoners conflicts with constitutional provisions and human rights laws. The study emphasizes the urgent need to revise existing regulations to prevent unconstitutional policies, advocating that the government, especially the Ministry of Law and Human Rights, should adhere to principles of correctional principles and human rights in the formulation of policies regarding prisoner development. The results contribute to ongoing debates on legal reforms and the protection of human rights within Indonesia’s correctional system, highlighting the importance of harmonized legal frameworks that respect constitutional and human rights standards.
Eksploitasi Hutan sebagai Kejahatan Ekologis dalam Perspektif Hukum Islam: Forest Exploitation as an Ecological Crime: An Islamic Law Perspective Jumarni Dalle; Inda Sari Palinrungi; Rahman
BUSTANUL FUQAHA: Jurnal Bidang Hukum Islam Vol. 7 No. 1 (2026): BUSTANUL FUQAHA: Jurnal Bidang Hukum Islam
Publisher : Pusat Penelitian dan Pengabdian Masyarakat (P3M), Sekolah Tinggi Ilmu Islam dan Bahasa Arab (STIBA) Makassar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.36701/bustanul.v7i1.2904

Abstract

Forest exploitation is a serious issue that directly impacts environmental degradation, public safety, and the sustainability of natural resources. To date, forest exploitation has largely been understood as an administrative and policy-related issue in natural resource management, resulting in limited legal accountability. This article aims to analyze the legal status of forests within the perspective of Islamic law and to formulate a framework of criminal liability for forest exploitation that harms public interests. This study employs a normative juridical approach through library research, utilizing primary sources such as the Qur’an and Hadith, as well as secondary sources including literature on fiqh jināyah and legal maxims. The findings indicate that forests in Islamic law can be classified as part of public ownership (milkiyyah ‘āmmah), whose management constitutes a state trust for public welfare. Forest exploitation that causes environmental damage and social harm can be analyzed as an act involving elements of fasād fī al-arḍ and, through legal reasoning (istinbāṭ), can be classified as a ta‘zīr offense. The novelty of this study lies in the expansion of criminal liability, which not only applies to individuals and corporations as direct actors but also extends to the state in cases of administrative negligence and abuse of authority. Thus, Islamic criminal law provides an adaptive framework for addressing modern ecological crimes based on the protection of public welfare.
Co-Authors Asrullah Dimas Jumarni Dalle Mirnayanti Nur Akifah Janur Rahman Sri Hasrina syawal amirul syah