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All Journal JURNAL CENDEKIA HUKUM Profetika: Jurnal Studi Islam
Sunggara, Adystia
Unknown Affiliation
Religion Humanities Education Law, Crime, Criminology & Criminal Justice Social Sciences

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CONTEXTUALIZATION OF GAMBLING IN THE TRADITION OF CHINESE SOCIETY IN BANGKA Sirait, Suriadi; Sunggara, Adystia
JCH (Jurnal Cendekia Hukum) Vol 10, No 1: JCH (JURNAL CENDEKIA HUKUM)
Publisher : LPPM STIH Putri Maharaja

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33760/jch.v10i1.1051

Abstract

This study analyses the gambling tradition in the Chinese community in Bangka using a socio-legal approach to understand the implementation of Article 303 of the Criminal Code (KUHP). The gambling tradition in Chinese culture is often not only viewed as an economic activity but also as part of a social ritual involving specific cultural values. This study focuses on three main aspects: first, a historical and cultural exploration of the background of the gambling tradition in the Chinese community in Bangka; second, a legal review of the implementation of Article 303 of the Criminal Code which regulates gambling in the local context; and third, an analysis of how harmonization between positive legal norms and local cultural norms can be achieved in enforcing gambling-related laws. This text research applies a qualitative method with a descriptive-analytical approach involving interviews, literature reviews, and legal document analysis. The results of the study indicate that the repressive approach in the implementation of Article 303 of the Criminal Code often does not fully pay attention to the local cultural context, so the Restorative Justice Framework for Cultural Integration method is needed as an alternative solution in resolving conflicts between legal and cultural norms.
Effectiveness of Chemical Castration Sanctions and the Principle of Non-Discrimination: A Human Rights, Islamic Law, and SDGs Perspective Sunggara, Adystia
Profetika: Jurnal Studi Islam Vol. 26 No. 03 (2025): Profetika Jurnal Studi Islam 2025
Publisher : Universitas Muhammadiyah Surakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.23917/profetika.v26i03.13627

Abstract

Objective: This study aims to analyze the application of chemical castration sanctions and the principle of non-discrimination from the perspective of criminal law and human rights in Indonesia, as well as to review these policies from the perspective of Islamic law (maqasid al-shariah) and the Sustainable Development Goals (SDGs). Theoretical framework: The theoretical framework of this research uses the concept of the rule of law, the principles of criminal law and human rights, the concept of maqasid al-shariah in Islamic law, and the perspective of SDGs related to justice, health, and the reduction of inequality. Literature review: A literature review analyzes various laws and regulations, court decisions, and academic studies related to the application of chemical castration sanctions as a legal phenomenon. Methods: The research uses normative juridical methods with a literature study approach through the analysis of laws and regulations, court decisions, legal journals, and law enforcement reports. Results: The results of the study show that the effectiveness of chemical castration sanctions is still in doubt and has the potential to contradict the principle of non-discrimination in the 1945 Constitution, ICCPR, and other international human rights instruments. Implications: Chemical castration policies create a dilemma between the protection of communities from sexual crimes and the protection of the human rights of perpetrators, as well as the debate from an Islamic perspective of Islam and the SDGs related to health, justice, and welfare. Novelty: The novelty of this research lies in the integrative analysis of chemical castration sanctions from the perspective of criminal law, human rights, Islamic law (maqasid al-shariah), and SDGs.
Co-Authors Sirait, Suriadi