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Rayhan Nandini Telaumbanua
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Journal : ISNU Nine-Star Multidisciplinary Journal (INS9MJ)

 1 
Application of Ta'zir Punishment for Perpetrators of Corruption in the Perspective of Islamic Criminal Law Zaki Azmi Daffa; Alfiko Gio Pratama; Abdurrasyid Karim; Rayhan Nandini Telaumbanua; Suci Hidayati Malau
ISNU Nine-Star Multidisciplinary Journal Vol. 2 No. 3 (2025): Vol.2 No.3 Desember 2025
Publisher : ISNU Sumatera Utara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.70826/ins9mj.v2i3.938

Abstract

Corruption is an extraordinary crime that causes great losses to state finances, damages social order, and erodes public trust. In Indonesia's positive law, corruption has been regulated in detail through various laws. However, a normative approach alone is not enough to provide a deterrent effect on the perpetrators. Therefore, Islamic law as a legal system rich in moral values and substantive justice offers an alternative approach through the concept of ta'zir punishment. This study aims to examine how the application of ta'zir punishment can be relevant and effective against corrupt perpetrators in the perspective of Islamic criminal law. The method used is normative legal research with a conceptual and historical approach. Data was obtained through literature studies on primary sources of Islamic law such as the Qur'an, hadith, and fiqh books, and also through analysis of positive legal regulations in Indonesia. The results of the study show that corruption in Islamic law can be categorized as jarimah ta'zir, so that the form and degree of punishment can be determined by the competent authorities. The punishment of ta'zir is flexible and can be in the form of imprisonment, fines, restitution of property, and social or administrative punishment. The principles of justice and benefit contained in ta'zir are considered to be able to provide a deterrent effect while encouraging moral reform of the perpetrators. This concept is relevant to be integrated into the national legal system in terms of values and ethics.
Islamic Law and Positive Law Protection for Victims of False Accusations of Adultery in the Modern Era Aicha Azdina Adly Fesya; M. Fazli Pratama; Rayhan Nandini Telaumbanua; Siti Salmiah Dalimunthe; Habiburriziq El Ardhy Saragih
ISNU Nine-Star Multidisciplinary Journal Vol. 3 No. 1 (2026): ISNU Nine Star Januari
Publisher : ISNU Sumatera Utara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.70826/ins9mj.v3i1.1328

Abstract

This study employs a normative qualitative method with an analysis of classical and contemporary literature. The paper examines accusations of zina and legal protection for victims in the digital era. The background of the study is rooted in the complexity of the dissemination of zina allegations through social media and digital communication platforms, which have serious implications for individual honor, social reputation, and moral integrity. From the perspective of Islamic jurisprudence, unsubstantiated allegations are categorized as qadhf, requiring stringent evidentiary standards, including the testimony of four morally upright male witnesses or a voluntary confession, with violations attracting multidimensional sanctions such as corporal punishment, social discredit, and spiritual accountability. Indonesian positive law provides protection through the Criminal Code (KUHP) and the Electronic Information and Transactions Law (UU ITE), allowing victims to pursue criminal liability, compensation, and reputational rehabilitation. The results indicate that effective legal protection requires a multi-layered approach integrating law enforcement, technological interventions, and public education to restore victims’ social credibility and enhance deterrence against false accusations.
Co-Authors Abdurrasyid Karim Aicha Azdina Adly Fesya Alfiko Gio Pratama Habiburriziq El Ardhy Saragih Imamuddin M. Fazli Pratama M. Rangga Syahputra Saragih Siti Salmiah Dalimunthe Suci Hidayati Malau Vressilia Witama Zaki Azmi Daffa