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All Journal Kartika: Jurnal Studi Keislaman Media of Law and Sharia
Arif Faizal, Enceng
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Religion Humanities Economics, Econometrics & Finance Education Law, Crime, Criminology & Criminal Justice

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Sanksi Tindak Pidana Penyelundupan Pakaian Bekas Impor Dalam Pasal 102 Undang-Undang Nomor 17 Tahun 2006 Perspektif Hukum Pidana Islam Muhammad Hilmi Aziz; Arif Faizal, Enceng; Azazy, Yusup
Kartika: Jurnal Studi Keislaman Vol. 5 No. 3 (2025): Kartika: Jurnal Studi Keislaman (November)
Publisher : Lembaga Pendidikan Tinggi Nahdlatul Ulama (LPT NU) PCNU Kabupaten Nganjuk

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59240/kjsk.v5i3.362

Abstract

This study aims to analyze the criminal sanctions for the smuggling of imported second-hand clothing as stipulated in Article 102 of Law Number 17 of 2006 on Customs, viewed from the perspective of Islamic criminal law. The research employs a normative juridical method with a statutory and comparative approach, supported by secondary data derived from legal literature, statutory regulations, and official government reports. The findings indicate that the smuggling of imported second-hand clothing constitutes an economic crime that undermines fiscal integrity, public health, and the domestic textile industry. Article 102 provides for imprisonment and fines as sanctions, reflecting the taʿzir category in Islamic law, punishments determined by the ulil amri (legitimate authority) for maintaining public order and welfare. The analysis also reveals a strong alignment between positive law and Islamic criminal principles, particularly in achieving maqaṣid al-syari‘ah objectives such as the protection of wealth (ḥifẓ al-mal), life (ḥifẓ al-nafs), and social stability. Therefore, strengthening law enforcement, border surveillance, and public awareness is essential to uphold justice and prevent recurrent smuggling practices that harm the nation’s economic and moral order.
Orders from Police Superiors to Subordinates to Give False Testimony Under Islamic Criminal Law Deryasa; Arif Faizal, Enceng; Kholid, Muhamad
Media of Law and Sharia Vol. 7 No. 2: October 2026
Publisher : Universitas Muhammadiyah Yogyakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.18196/mls.v7i2.502

Abstract

False testimony resulting from orders orders given by superiors to subordinates within the police force raises complex legal issues, particularly regarding criminal liability for the superior who issued the order and the subordinate who carried it out. The case of Brigadier J indicates the presence of inconsistent witness testimony, although it was not explicitly ordered by Ferdy Sambo as the superior. This study employs a normative legal approach with a conceptual framework, drawing on the Qur’an, hadith, classical and contemporary fiqh texts, and supported by scholarly articles as secondary legal sources, which were collected through a literature review and analyzed comprehensively. The results of the study indicate that Sambo was the principal perpetrator in the premeditated murder of Brigadier J and can therefore be held fully criminally liable for his role as the mastermind of the murder, for devising a false scenario, and for abusing his authority. The principal perpetrator was aided by accomplices such as Bharada E, Putri Candrawathi, Ricky R, and Kuat Ma’ruf, all of whom were sentenced to takzir. This study can contribute to the development of contemporary Islamic criminal law scholarship and serve as an academic reference for internal police policies aimed at limiting acts of loyaltyt.
Co-Authors Azazy, Yusup Deryasa Muhamad Kholid, Muhamad Muhammad Hilmi Aziz