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Perbandingan Tindak Pidana Pemerkosaan dan Komparasi Sanksi pada KUHP Lama dan KUHP Baru di Indonesia Rahmah, Siti; Tia Juliana; Besse Dina Maria Oktavia; Nur ayiyin; Feni Puspitasari
AL-BAHTS: Jurnal Ilmu Sosial,Politik, dah Hukum Vol 2 No 3 (2025): AL-BAHTS: Jurnal Ilmu Sosial, Politik, dan Hukum
Publisher : Universitas Islam Indragiri

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32520/albahts.v2i3.4912

Abstract

Criminal acts against morality such as molestation and rape are often equated by the general public who do not understand their classification, even though legally, they are two different types of crimes. The main differences are seen in the object of violence, the elements of the act, and the determination of punishment for the perpetrator. This study aims to analyze, compare, and identify differences in the regulation of rape in the old Criminal Code (KUHP), which is a legacy of the colonial era and is regulated in Articles 285 to 288, with the new Criminal Code enacted through Law Number 1 of 2023, specifically Article 475. This research method uses a normative juridical approach with a focus on positive law. The results show that the key differences in rape between the old and new Criminal Code lie in the elements of the act and coercion that are more detailed regulated in the new Criminal Code, as well as differences in the definition of rape and increased sanctions for perpetrators. The new Criminal Code shows an increase in harsher penalties through increases in minimum and maximum penalties, as well as the introduction of additional penalties. This article concludes that the old and new Criminal Codes have significant differences in their views on the criminal acts of rape and indecency, as well as in the increased sanctions for perpetrators.
Tinjauan Hukum Terkait Peraturan Bupati Inhil Tentang Pemberian Izin Angkringan Di Kota Tembilahan Dari Perspektif Filsafat Hukum Islam Rahmah, Siti; Tia Juliana; Besse Dina Maria Oktavia; Nurayiyin; Muanif Ridwan
AL-BAHTS: Jurnal Ilmu Sosial,Politik, dah Hukum Vol 2 No 3 (2025): AL-BAHTS: Jurnal Ilmu Sosial, Politik, dan Hukum
Publisher : Universitas Islam Indragiri

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32520/albahts.v2i3.5033

Abstract

The food and beverage business is one type of business that is widely considered by the public, especially Gen Z. Because food and beverages are basic daily needs for every individual, it is not surprising that in the city of Tembilahan there are so many restaurants, cafes, angkringan and the like. The culinary business itself is easy to establish because it is simple and the capital required is very varied and does not require high technical skills to run it. The term angkringan comes from the Javanese language, angkring, which means a tool and place for selling food that is carried on the shoulder and has a curved shape. Besides curved, angkringan also has a pushcart shape, as we often see on the outskirts of the city. This angkringan is now widely found in other cities, including the city of Tembilahan. Angkringan stalls were first introduced by someone named Mbah Pairo. This study aims to examine the Indragiri Hilir (Inhil) Regent's Regulation that regulates the granting of operational permits for angkringan, especially in public locations such as Jalan Hang Tuah Tembilahan, on Jalan M. Boya Tembilhan from the perspective of Islamic legal philosophy (FHI). The regulation, which tends to lead to policies on organizing, protecting, and providing decent space for UMKM angkringan, will be analyzed using Islamic legal philosophy with the Maqāṣid al-Sharī'ah (Objectives of Islamic Law) approach and the Maṣlaḥah (Public Benefit) principle. This research method uses a normative juridical method by examining and evaluating legal norms (Regent's Regulation) using philosophical norms (Islamic Legal Philosophy). The results of the review show that the permit granting policy made by the regent is in line with the objectives of Islamic law in safeguarding property (ḥifẓ al-māl), maintaining order (Maṣlaḥah al-‘Āmmah), and supporting the economic growth of the people, as long as its implementation does not disrupt basic public functions and public order.