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All Journal AJIS : Academic Journal of Islamic Studies Jurnal Riset Ilmiah
Akbar, Muhammad Syarif Hidayatullah
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Religion Humanities Economics, Econometrics & Finance Education Law, Crime, Criminology & Criminal Justice Public Health Social Sciences Other

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PERTANGGUNGJAWABAN PIDANA PELAKU TINDAK PIDANA PENGGELAPAN DALAM JABATAN DARIPERSPEKTIF HUKUM PIDANA INDONESIA Akbar, Muhammad Syarif Hidayatullah; Chandra, Tofik Yanuar; Ismed, Mohamad
SINERGI : Jurnal Riset Ilmiah Vol. 2 No. 8 (2025): SINERGI : Jurnal Riset Ilmiah, Agustus 2025
Publisher : Lembaga Pendidikan dan Penelitian Manggala Institute

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62335/sinergi.v2i8.1738

Abstract

Indonesia, as a state based on the rule of law as stipulated in Article 1 paragraph (3) of the 1945 Constitution of the Republic of Indonesia, obliges every citizen to uphold the law without exception. In the context of criminal law, the principle of legality as stated in Article 1 paragraph (1) of the Indonesian Criminal Code (KUHP) establishes that an act can only be punished if it is regulated by law. One of the most common criminal offenses is embezzlement in office as regulated in Article 374 of the KUHP, which constitutes an aggravated form of ordinary embezzlement under Article 372 of the KUHP. This offense is often committed by individuals holding positions or employment relations, both in the private and public sectors, who abuse their authority to unlawfully control goods or money. This research aims to analyze the criminal act of embezzlement in office and the criminal liability of its perpetrators from the perspective of Indonesian criminal law. The study employs a normative juridical research method with statutory, case, conceptual, and analytical approaches. Data were obtained through library research consisting of primary, secondary, and tertiary legal materials, and analyzed using grammatical and systematic interpretation techniques. The findings show that the application of Article 374 of the KUHP in practice often encounters sentencing disparities, where court verdicts tend to be lighter than the prosecutors’ demands. This disparity is evident in several court decisions examined, in which sentence reductions were based on subjective considerations such as the defendant’s cooperative attitude, restitution of losses, and social background. Normatively, the criminal liability of perpetrators of embezzlement in office must be based on the principle of legality, conformity with statutory elements, and evidentiary processes in court. However, in practice, there is a gap between the theoretical framework of criminal law and its implementation, indicating the need for consistent law enforcement to ensure legal certainty and justice
The Existence of Islamic Politics Against Heterodox of Islamic Movements in Indonesia: Post-Independence Rifa'iyah Sect Bahriyah, Amalina Zukhrufatul; Rohman, Moh. Mujibur; Ilahi, M. Ridho; Mahrus, Ahmad; Aulia, Muhammad Izzul; Akbar, Muhammad Syarif Hidayatullah
AJIS: Academic Journal of Islamic Studies Vol. 9 No. 1 (2024)
Publisher : Institut Agama Islam Negeri (IAIN) Curup

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.29240/ajis.v9i1.8985

Abstract

This research explains the relationship between politics and Islamic movements which influence each other with their respective roles in society. Political discussions include power, ideology, legitimacy, government, state, nation and others. The political consequences have had a huge impact on the orthodoxy and heterodoxy of the Islamic movement in Indonesia. This study focuses on the Rifa'iyah case in the 20th century AD. The Rifa'iyah group is heterodox because it is considered to deviate from Islamic teachings in general. This causes heterodox groups to experience discrimination and prohibitions from the Central Java Prosecutor's Decree. The uniqueness of Rifa'iyah's living pattern is in groups and in rural areas. This minority group received political asylum and blended into society until their struggle succeeded in revoking the prohibition decree. Especially the emergence of reform which has become the political aspirations of the Islamic community. This research is a qualitative type using a social-historical approach. The data collection method is library research, while the data analysis method is descriptive analysis. The research results show that politics has a role as accommodative, hegemonic and power. Rifa'iyah's strategy is to adjust its political role to regain its legality by collaborating with political parties, studying academically by holding seminars, and taking advantage of the reform period. The existence of politics can dissolve or maintain heterodox.
Co-Authors Aulia, Muhammad Izzul Bahriyah, Amalina Zukhrufatul Chandra, Tofik Yanuar Ilahi, M. Ridho Ismed, Mohamad Mahrus, Ahmad Moh Mujibur Rohman