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Harmonization of Positive Law and Islamic Law in Handling Election Violations in Jambi Sahroni, Iron; Al Idrusiah, Rahmi Hidayati; Maryani, Maryani; Madjid, M. Nazori; Farhan HR, Muhammad
Journal of Progressive Law and Legal Studies Том 3 № 03 (2025): Journal of Progressive Law and Legal Studies
Publisher : PT. Riset Press International

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59653/jplls.v3i03.1926

Abstract

This study aims to examine the forms of criminal violations of the General Election that occurred in Jambi Province during the 2024 Election, and analyze them from the perspectives of positive law and Islamic criminal law. This study uses a qualitative method with an empirical juridical approach, combining literature studies and field data from the Elections Supervisory Agency (Bawaslu), the Law Enforcement Agency (Gakkumdu), and court decisions. The results indicate that the most prevalent violations are money politics, off-schedule campaigning, violations of the neutrality of civil servants (ASN), the Indonesian National Armed Forces (TNI), and the Indonesian National Police (Polri), the spread of hoaxes, vote rigging, and the destruction of campaign materials. Of the total findings and reports in Jambi Province, the majority are administrative violations. However, seven cases were processed as election crimes, some of which have reached the investigation stage and court decisions. From an Islamic criminal law perspective, these violations are categorized as ta'zir crimes, with discretionary sanctions intended to provide a deterrent effect and safeguard the public interest. This study emphasizes the synergy between positive law and Islamic values ​​in realizing honest, fair, and dignified elections.
Implementation of Regional Regulation Number 3 of 2017 on Smoke-Free Areas and Its Relation to Law Number 22 of 2009 on Road Traffic and Transportation in the Regulation of Smoking on Public Roads Maryani, Maryani; Habbibi, Habbibi; Sahroni, Iron; Hardiyanto, Hardiyanto; Indra, Andi Rachmat; Apridon, Pri
International Journal of Business, Law, and Education Vol. 6 No. 2 (2025): International Journal of Business, Law, and Education (On Progress July-Desembe
Publisher : IJBLE Scientific Publications Community Inc.

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56442/ijble.v6i2.1301

Abstract

Smoking behavior on public roads poses a dual threat to public health and traffic safety. This study examines the juridical relationship between the implementation of Regional Regulation Number 3 of 2017 on Smoke-Free Areas (Kawasan Tanpa Rokok) and Law Number 22 of 2009 on Road Traffic and Transportation concerning the regulation of smoking behavior on public roads. Using a juridical-normative approach with qualitative descriptive analysis, this study explores the harmony and challenges of both legal instruments in protecting the public from smoking-related risks. The findings indicate that both regulations share the same preventive objective—protecting the public from the negative effects of smoking and reducing traffic risks caused by driver distraction. However, implementation remains weak due to low public awareness, insufficient coordination between law enforcement agencies, and limited supervision. The study concludes that the effectiveness of these regulations depends on strengthening inter-institutional collaboration, integrating enforcement mechanisms, and enhancing public education to foster compliance. The synchronization of health and transportation law enforcement is essential to realize safer and healthier public spaces.