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All Journal Enrichment : Journal of Management Priviet Social Sciences Journal
Khilmina, Lia Indah
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Economics, Econometrics & Finance Education Environmental Science Law, Crime, Criminology & Criminal Justice Social Sciences

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Conflict of legal principles in drug crimes by children: Analysis of judges' discretion in cumulative decisions Wibowo, Rizky; Surur, Nahar; Khilmina, Lia Indah
Priviet Social Sciences Journal Vol. 5 No. 8 (2025): August 2025
Publisher : Privietlab

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55942/pssj.v5i8.646

Abstract

This research analyzes the conflict of principles in juvenile criminal law, particularly in relation to the imposition of cumulative punishment on juveniles who commit narcotic offences. The paradigm of child protection in the Child Criminal Justice System Law (UU SPPA), which prioritizes restorative justice and the ultimum remedium principle, is confronted by the samenloop principle of the Criminal Code and the classification of drug offences as extraordinary crimes. Through a deductive approach, the discussion identifies inconsistencies in judicial practice. Findings from several case studies show that judges often use discretion to impose cumulative punishments, overriding the mandate of the SPPA Law to prioritize rehabilitation over retribution. This conflict indicates a misalignment between legal ideals and practical implementation, rooted in rigid legal interpretations and normative lacunae. Therefore, this research recommends fundamental solutions, namely, the affirmation of the lex specialis principle that places the SPPA Law above the general law, the reinterpretation of extraordinary crime as a call for extraordinary rehabilitation, and the strengthening of binding decision guidelines for judges (SEMA). Judges' discretion must be directed towards a philosophical understanding that true justice for children is an opportunity for recovery, not a punishment that robs them in their future. Thus, the integrity of the juvenile criminal justice system could be upheld.
Sharia economic law analysis of the stability and liquidity of tether currency investments Khilmina, Lia Indah; Permata Exsti, Cici Dea; Mulya Wati, Bella Mei
Enrichment : Journal of Management Vol. 15 No. 5 (2025): December: Management Science And Field
Publisher : Institute of Computer Science (IOCS)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35335/enrichment.v15i5.2432

Abstract

This study aims to analyze the interpretation of Islamic economic law regarding Tether Currency investments and its impact on economic productivity and effectiveness in the context of societal progress in the 5.0 era. The development of financial technology (fintech) has introduced various digital assets, including stablecoins such as Tether (USDT), which offer the potential for investment diversification but also raise questions regarding their compliance with Sharia principles. Using a qualitative-descriptive approach and literature review, this study explores fatwas related to digital assets, the characteristics of Tether, and their implications for achieving Sharia issues and objectives (maqasid syariah). The results indicate that the legal status of Tether in the Islamic economy still requires in-depth review, particularly regarding the issues of gharar, riba, and maisir. Although Tether has the potential to increase transaction efficiency and investment accessibility in the 5.0 era, its productivity and effectiveness in driving societal progress depend heavily on compliance with Sharia principles and clear regulations. This study recommends the development of a comprehensive fatwa framework for digital assets to ensure halal and blessed investments for society.
Co-Authors Mulya Wati, Bella Mei Permata Exsti, Cici Dea Surur, Nahar Wibowo, Rizky