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All Journal Al-Jinayah: Jurnal Hukum Pidana Islam Jurnal Independent
Mahdiyah, Aisyah Nur
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Humanities Education Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Social Sciences

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The Criminal Law of Forced Marriage on Children as a Preventive Measure on Sadz Dzariah's Perspective: Hukuman Pidana atas Perkawinan Paksa Terhadap Anak sebagai Tindakan Pencegahan dalam Perspektif Sadz Dzariah Shodiq, Ja’far; Faizah, Isniyatin; Aqil Musthofa, Moh.; Mahdiyah, Aisyah Nur
Al-Jinayah : Jurnal Hukum Pidana Islam Vol. 10 No. 2 (2024): December 2024
Publisher : Islamic Criminal Law Study Program, Faculty of Sharia and Law, Sunan Ampel State Islamic University Surabaya, Surabaya, East Java, Indonesia.

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15642/aj.2024.10.2.219-236

Abstract

This research aims to find out the law that can criminally prosecute perpetrators of forced marriage on children and what is Sadz Dzariah's theoretical perspective on punishing perpetrators of forced marriage on children considering that marriage hurts children so the government makes criminal regulations, for cases of sexual violence where children become victims. This is most important because every child has the right to survival, growth, and development and the right to protection from violence and discrimination. In this research, the author uses a juridical-normative research method that combines conceptual analysis with legislation. The result is that, first; To provide protection and guarantee the rights of children, the government has established various laws and regulations that can prosecute perpetrators of forced marriage and sexual violence against children, such as; the Law Number 35/2014article 76 D, Law number 17/2016 article 81 and Law number 12/2022 article 10. Second; The existence of criminal articles for perpetrators of forced marriage is an effort by the government to close (سد) so that child marriage does not occur which becomes a way or cause (الذريعة) the emergence of negative impacts on children.
Legal Rules for Illegal Logging Perpetrators in Conservation Forests Tjahjani, Joejoen; Mochtar, Mar'atul; Sastradinata, Dhevi Nayasari; Mahdiyah, Aisyah Nur
Jurnal Independent Vol. 14 No. 1 (2026): Jurnal Independent
Publisher : Universitas Islam Lamongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30736/ji.v14i1.411

Abstract

Illegal logging in conservation forests is an environmental crime that damages the ecosystem and the law. Illegal logging in conservation forest areas is a serious violation of forestry law provisions in Indonesia that has the potential to damage the ecosystem and forest conservation functions. Based on the description above, the problems to be studied in the study are: legal protection of conservation forests in laws and regulations in Indonesia and legal sanctions against perpetrators of illegal logging in conservation forests. The research method uses a normative juridical legal research type, so the approach used is the statute approach which includes primary legal materials: Law Number 18 of 2013 concerning the Prevention and Eradication of Forest Destruction, Forestry Law Number 41 of 2013, Government Regulation Number 108 of 2015 also strengthens forest protection by prohibiting logging without a permit. From the results of the study, it can be concluded that the Enforcement of Legal Protection against conservation forests and legal sanctions against perpetrators of illegal logging in conservation forests is not only aimed at providing a deterrent effect through criminal sanctions and fines, but also maintaining the sustainability of forest functions as areas for preserving biodiversity and natural resources. Cases of illegal logging in conservation forests demonstrate the importance of synergy between law enforcement officers and communities to optimize forest protection and eradicate illegal logging practices.
Co-Authors Aqil Musthofa, Moh. Faizah, Isniyatin Mochtar, Mar'atul Sastradinata, Dhevi Nayasari Shodiq, Ja’far Tjahjani, Joejoen