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All Journal Indonesian Journal of Islamic Jurisprudence, Economic and Legal Theory
Adinda, Nendena Rizqi
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Religion Law, Crime, Criminology & Criminal Justice Social Sciences

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Lag Time dalam Transformasi Sosial Hukum; Mengapa Masyarakat Lambat Beradaptasi dengan Regulasi Baru dalam Era Reformasi Adinda, Nendena Rizqi; Sulastri, Dewi
Indonesian Journal of Islamic Jurisprudence, Economic and Legal Theory Vol. 3 No. 4 (2025)
Publisher : Sharia Journal and Education Center Publishing

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62976/ijijel.v3i4.1516

Abstract

This article analyzes the phenomenon of "lag time" or the temporal gap in Indonesia's socio-legal transformation post-1998 Reformation. Lag time is defined as the misalignment between the progressive ambition of law as a tool of social engineering and the reality of adaptation and internalization at the level of societal legal culture. The study employs a juridical-sociological methodology to identify the determinant factors causing the slow acceptance of new regulations. The findings indicate that lag time manifests from the failure to synchronize the structural dimension and the cultural dimension of the legal system. Structural factors include the weak capacity of law enforcement, regulatory inconsistency, and the failure of top-down socialization. Meanwhile, cultural factors encompass the legacy of authoritarian legal culture based on fear, resistance from living law, and public pragmatism. The conclusion urges the necessity of systemic reform that focuses not only on improving the substance of the law but also on transforming the legal culture through participatory education to achieve compliance rooted in ethical awareness and justice. Keywords: Lag Time, Sociology of Law, Legal Culture, Legal Reform.
Tindak Pidana Kekerasan Seksual dalam Perspektif Hukum Positif dan Hukum Islam: Sebuah Telaah Berbasis Sejarah Sosial Islam Adinda, Nendena Rizqi; Rosadi, Aden; Naisabur, Nanang
Indonesian Journal of Islamic Jurisprudence, Economic and Legal Theory Vol. 3 No. 4 (2025)
Publisher : Sharia Journal and Education Center Publishing

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62976/ijijel.v3i4.1518

Abstract

Sexual violence crime (TPKS) is a crucial issue in Indonesia, which received a significant response through the enactment of Law Number 12 of 2022 concerning Sexual Violence Crimes (UU TPKS). This research aims to critically and deeply compare the concept of TPKS in Indonesian Positive Law (UU TPKS) and Islamic Law (Fiqh Jinayah), reinforced by the foundation of Islamic Social History. Positive Law, through the UU TPKS, adopts a progressive and victim-centered framework, expanding the definition of offense to include non-physical harassment and sexual exploitation, and emphasizing the principle of lack of consent. This Law guarantees the rights to recovery, restitution, and assistance, although its implementation still faces structural and cultural obstacles, including the risk of secondary victimization and issues in proof. Meanwhile, Fiqh Jinayah classifies sexual violence into several categories: Jarimah Hudud (such as zina or fornication, though the victim of rape is exempted from the hadd punishment due to coercion), Ightishab (rape) which can be equated with Hirabah (brigandage), and Jarimah Ta’zir (for broader offenses). Although the standard of proof for zina in classical view is very strict (four witnesses), modern scholars tend to accept non-traditional evidence for ightishab (such as medical examination/visum and victim's testimony) to impose a firm ta’zir punishment. The analysis of Islamic Social History affirms that Islamic legal norms regarding sexual protection are dynamic, stemming from efforts to eliminate pre-Islamic patriarchal practices, and are oriented towards the protection of honor (hifz al-‘ird). The harmonization of these two systems is possible through the integration of the principle of Maqashid Syariah (the objectives of Sharia), which provides theological legitimacy for the contemporary efforts to combat TPKS. By optimizing the flexible Ta’zir punishment, Islamic Law can accommodate a more adaptive model of proof and victim recovery, aligned with the spirit of contemporary restorative justice.
Mengungkap Jerat Hukum Pelaku Kekerasan Seksual Analisis Kritis UU No. 12 Tahun 2022 Tentang Tindak Pidana Kekerasan Seksual Najmudin, Nandang; Adinda, Nendena Rizqi; Toisuta, Usman Abdul Jihad; Huda, Tamimil
Indonesian Journal of Islamic Jurisprudence, Economic and Legal Theory Vol. 3 No. 4 (2025)
Publisher : Sharia Journal and Education Center Publishing

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62976/ijijel.v3i4.1530

Abstract

This study aims to critically and legally analyze the concept of criminal liability for perpetrators of sexual violence and identify the advantages and challenges of implementing Law Number 12 of 2022 concerning Criminal Acts of Sexual Violence (TPKS Law). The background to the problem is driven by the failure of previous regulations (the Criminal Code) to cover the various modes of operation of TPKS and provide comprehensive protection for victims. This study uses a normative legal research method with a statute approach and a conceptual approach. Primary legal materials (TPKS Law) and secondary materials (criminal law doctrine and scientific journals) were analyzed qualitatively and descriptively to examine the formulation of offenses, the punishment system, and the victim-centered approach philosophy contained therein. The results of the study show that the TPKS Law has become a significant milestone in criminal law reform through the expansion of strafbaarfeit. This law has successfully closed the criminalization gap by criminalizing eight new types of TPKS, including Non-Physical Sexual Harassment and Electronic-Based Sexual Violence (KSBE), whose definitions emphasize the absence of consent and power relations. In addition, the TPKS Law expands the subjects of law that can be held accountable to include corporations and introduces progressive additional penalties, such as the obligation of restitution and disclosure of the perpetrator's identity, as well as strictly limiting the use of restorative justice mechanisms in serious cases. Although innovative, the effectiveness of the legal provisions in the TPKS Law still faces serious implementation challenges, particularly regarding the issue of proving non-physical/electronic crimes and the gap between legal certainty of punishment and the fulfillment of restorative justice for victims. Therefore, it is recommended that the government immediately strengthen the technical readiness of law enforcement officials and allocate adequate resources for integrated service infrastructure and restitution enforcement mechanisms at the regional level to ensure the successful implementation of a victim-centered legal paradigm.
Co-Authors Aden Rosadi Huda, Tamimil Naisabur, Nanang Nandang Najmudin Sulastri, Dewi Toisuta, Usman Abdul Jihad