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Nugroho, Afrizal Eko
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Law, Crime, Criminology & Criminal Justice Social Sciences

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Pertanggungjawaban Pidana Korporasi atas Pencemaran Radioaktif Cesium-137 Munjiyah, Amrina; Rismana, Daud; Ayunisa, Qurota; Nurul Huda, Muhammad; Nurkholisah, Siti; Nugroho, Afrizal Eko
Al-'Adl Vol. 18 No. 2 (2025): Al-'Adl
Publisher : Institut Agama Islam Negeri Kendari

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Abstract

The case of radioactive cesium-137 contamination in the modern industrial area of Cikande, Banten poses a serious threat to health and the environment and indicates a legal vacuum. This study aims to analyse the forms of corporate liability outside the nuclear industry based on the provisions of Law No. 32 of 2009 concerning Environmental Protection and Management (PPLH Law) and Law No. 10 of 1997 concerning Nuclear Energy. The research method used is normative juridical with a legislative and actual case approach. The results of the study show that even though the cesium-137 contamination did not originate from an official nuclear installation, non-nuclear corporations can still be held criminally liable based on the principle of strict liability in corporate liability theory. This study recommends reformulating the Nuclear Energy Law to cover non-nuclear industrial activities that have the potential to cause radiation hazards and to create relevant legislation that addresses the threat of radioactive contamination to the environment.
Internalisasi Hukum Islam dan KUHP Baru dalam Penanggulangan Tindak Pidana Perzinaan Ayunisa, Qurota; Rismana, Daud; Huda, Muhammad Nurul; Munjiyah, Amrina; Nurkholisah, Siti; Nugroho, Afrizal Eko
Al-'Adl Vol. 18 No. 2 (2025): Al-'Adl
Publisher : Institut Agama Islam Negeri Kendari

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Abstract

This article discusses the internalization of Islamic legal values ​​in efforts to overcome the crime of adultery, by highlighting the changes in the provisions of the adultery article in the old and new Criminal Codes in Indonesia. The Criminal Code only regulated adultery as sexual intercourse involving married parties, making it irrelevant to the moral values ​​of Indonesian society that uphold religious norms and morality. The National Criminal Code of 2023 expands the scope of adultery to include any sexual relationship outside of marriage, whether the perpetrators are married or not. In Islamic law, adultery is considered a major sin, with sanctions of flogging for ghairu muhsan and stoning for muhsan, and has serious social implications. This study uses a normative legal method with a statute approach and a conceptual approach, then analyzed descriptively and analytically. The novelty of this study lies in not only classifying adultery perpetrators as married and unmarried but also examining how Islamic legal values ​​contribute to the formation of the National Criminal Code. The research findings indicate that the National Criminal Code not only revises the adultery article but also internalizes Islamic legal values ​​into national criminal law, reflecting the Indonesian national identity based on Pancasila. Keywords: Adultery, National Criminal Code, Islamic Law, Internalization
Co-Authors Ayunisa, Qurota Daud Rismana Muhammad Nurul Huda Munjiyah, Amrina Nurkholisah, Siti Nurul Huda, Muhammad