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Combined Criminal Acts in the Perspective of Islamic Law and the Criminal Code Mhd Fikri Muzaki; Abdillah Tarigan; Nikmatul Husna; Melinda Fitriana
ISNU Nine-Star Multidisciplinary Journal Vol. 2 No. 2 (2025): ISNU Nine Star September 2025
Publisher : ISNU Sumatera Utara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.70826/ins9mj.v2i2.798

Abstract

Committing a Crime in the Perspective of the Criminal Code and Islamic Law aims to describe how the criminal punishment system works according to Islamic law and the Criminal Code, as well as to provide a more in-depth explanation of the combined theory of committing a crime in Islamic law and the Criminal Code. This research is a library research, which is descriptive analytical in nature. Meanwhile, in analyzing the collected data, the author uses a comparative method, namely analyzing data by comparing two different laws, namely the Criminal Code and Islamic law regarding combined punishments to find similarities and differences between the two. After the discussion, it can be concluded that: 1) there are two theories that are combined theories of committing a crime according to Islamic law, namely: first, the theory of mutual entry or al tadaahul, namely if there are several combined crimes, then several of these crimes enter into each other, second, the sharpened Absorption System, namely for combined multiple crimes where the main penalty is the same (Article 65 of the Criminal Code). Third, Cumulation System, which is a combination of multiple criminal acts against violations with violations and crimes (Article 70 of the Criminal Code), and the softened Cumulation System, which is for a combination of multiple criminal acts where the main penalty threat is not the same (Article 66 of the Criminal Code). 2) Islamic law views that the combined punishment arises as a result of the combination of committing several criminal acts where one of the acts has not yet received a final decision.
Inheritance of illegitimate children who are recognized as legitimate and which are not recognized as legitimate Nayla Nazmi Fazira; Nikmatul Husna; Fauzan Habib Harianja; Muhammad Fahmi Aulia Saragih Turnip; Muhammad Rafly Lubis
ISNU Nine-Star Multidisciplinary Journal Vol. 2 No. 2 (2025): ISNU Nine Star September 2025
Publisher : ISNU Sumatera Utara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.70826/ins9mj.v2i2.802

Abstract

Through marriage, it is hoped that offspring, namely children, will be born. However, children are not always born from a legal marriage; many phenomena occur in society where children are born outside of marriage. This study examines the position of children outside of marriage in inheritance according to the Civil Code. The research method used is normative juridical, namely reviewing laws and regulations and literature studies. The results of the discussion in this study are that illegitimate children who are recognized according to the Law can inherit from their parents who acknowledge them and also from their parents' blood relatives, however, in terms of inheriting from their parents' blood relatives, the possibility for these illegitimate children is very small. The Constitutional Court Decision Number 46/PUU-VIII/2010, which is also part of legal reform, so that the child also has a legal relationship with his biological father if it can be proven based on scientific knowledge, technology and/or other evidence according to law. Recognition of an illegitimate child is very important for a father to do in order to create a civil relationship between the child and his father, while for the mother, according to Article 282 paragraph 2 of the Civil Code, which states that even a daughter who is not yet an adult is allowed to acknowledge her illegitimate child.
The Government's Role in Providing Legal Protection for MSME Owners Following the Enactment of Law No. 11 of 2020 concerning Job Creation Nikmatul Husna; Aliya Putri Hadianto; Azka Raghdah Daulay; Melinda Fitriana Siregar; Ali Rahmadi Batubara; Akhtar Safiq
ISNU Nine-Star Multidisciplinary Journal Vol. 2 No. 2 (2025): ISNU Nine Star September 2025
Publisher : ISNU Sumatera Utara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.70826/ins9mj.v2i2.803

Abstract

MSMEs are one way for people to meet their daily needs. They also play a crucial role in improving regional and national economies. However, as developments develop, MSMEs are now finding it difficult to capture market share due to competitiveness. This is further compounded by the enactment of Law No. 11 of 2020 concerning Job Creation. Therefore, the government is emphasizing legal protection for MSMEs to address the increasingly fierce competition in the current market. This study aims to analyze the government's role in providing legal protection to MSME owners following the enactment of Law No. 11 of 2020 concerning Job Creation. The main focus of this study is to explore how regulations and policies resulting from the Job Creation Law affect the legal protection provided to MSME owners, as well as the extent of the government's role in guaranteeing their legal rights, both in terms of business protection, financing, and market access. Through this study, it is hoped that various recommendations will be found that will be useful for improving government policies in providing optimal legal protection for MSME owners, as well as contributing to the development of a more sustainable MSME sector in Indonesia.