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All Journal AT-TAFAHUM: Journal of Islamic Law Jurnal CENDIKIA ISNU Jurnal Cendikia ISNU SU
Muniruddin Ritonga
Anggota DPRD Provinsi Sumut
Religion Arts Humanities Law, Crime, Criminology & Criminal Justice

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Comparative Review of Jarimah Khalwat and Ikhtilath: An Analysis of Uqubat in Qanun No. 4 of 2014 and the Indonesian Criminal Code Muniruddin Ritonga; Mhd Yadi Harahap
Jurnal Cendikia ISNU SU 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/jcisnu.v3i1.1322

Abstract

The regulation of jarimah khalwat and ikhtilath is part of Islamic criminal law efforts in maintaining the morality and honor of the community. Both acts are seen as acts that pave the way to more serious moral violations that require preventive legal arrangements. The existence of Qanun No. 4 of 2014 concerning Jinayat in Aceh presents a model of formalization of Islamic criminal law in the plural Indonesian national legal system, while the Criminal Code regulates morality in general without explicitly recognizing the concepts of khalwat and ikhtilath. This study aims to analyze comparatively the regulation and uqubat jarimah khalwat and ikhtilath in Qanun Jinayat and compare it with the regulation of morality in the Indonesian Criminal Code. The research method used is normative legal research with a statutory and conceptual approach, using primary legal materials in the form of Qanun No. 4 of 2014 concerning Jinayat and the Criminal Code, as well as secondary legal materials in the form of Islamic criminal law literature and national criminal law. The results of the discussion show that Islamic criminal law places khalwat and ikhtilath as jarimah ta'zir which is oriented towards the prevention and moral protection of the community, while Qanun Jinayat formulates both acts expressly with proportional and flexible uqubat. The Criminal Code has a different approach by emphasizing concrete consequences and the protection of individual freedoms. This paradigm difference reflects the pluralism of criminal law in Indonesia and emphasizes that Qanun Jinayat functions as a lex specialis that lives in the social and religious context of the Acehnese people, so harmonization with the Criminal Code needs to be carried out through the recognition of regional specificity and a dialogue of fair values.
Comparative Review of Jarimah Khalwat and Ikhtilath: An Analysis of Uqubat in Qanun No. 4 of 2014 and the Indonesian Criminal Code Muniruddin Ritonga; Mhd Yadi Harahap
Jurnal Cendikia ISNU SU 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/jcisnu.v3i1.1322

Abstract

The regulation of jarimah khalwat and ikhtilath is part of Islamic criminal law efforts in maintaining the morality and honor of the community. Both acts are seen as acts that pave the way to more serious moral violations that require preventive legal arrangements. The existence of Qanun No. 4 of 2014 concerning Jinayat in Aceh presents a model of formalization of Islamic criminal law in the plural Indonesian national legal system, while the Criminal Code regulates morality in general without explicitly recognizing the concepts of khalwat and ikhtilath. This study aims to analyze comparatively the regulation and uqubat jarimah khalwat and ikhtilath in Qanun Jinayat and compare it with the regulation of morality in the Indonesian Criminal Code. The research method used is normative legal research with a statutory and conceptual approach, using primary legal materials in the form of Qanun No. 4 of 2014 concerning Jinayat and the Criminal Code, as well as secondary legal materials in the form of Islamic criminal law literature and national criminal law. The results of the discussion show that Islamic criminal law places khalwat and ikhtilath as jarimah ta'zir which is oriented towards the prevention and moral protection of the community, while Qanun Jinayat formulates both acts expressly with proportional and flexible uqubat. The Criminal Code has a different approach by emphasizing concrete consequences and the protection of individual freedoms. This paradigm difference reflects the pluralism of criminal law in Indonesia and emphasizes that Qanun Jinayat functions as a lex specialis that lives in the social and religious context of the Acehnese people, so harmonization with the Criminal Code needs to be carried out through the recognition of regional specificity and a dialogue of fair values.
Comparative Analysis of Divorce in the Perspective of Islamic Law and Indonesian Positive Law Muniruddin Ritonga
AT-TAFAHUM: Journal of Law Vol 10, No 1 (2026)
Publisher : Program Pascasarjana UIN Sumatera Utara Medan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47006/attafahum.v10i1.30966

Abstract

Divorce is a form of marital breakdown that is recognized in Islamic law and positive law in Indonesia. Although they have the same goal as a last resort in resolving domestic conflicts, the two legal systems have differences in setting legal terms, procedures, and consequences. This study aims to analyze divorce arrangements from the perspective of Islamic law and positive Indonesian law and examine their legal implications on the rights and obligations of the parties after divorce. The research uses normative legal methods with a legislative approach and a conceptual approach. Legal materials are obtained through literature studies which include laws and regulations, Compilations of Islamic Law, books, and scientific journals related to marriage law. All legal materials are analyzed qualitatively using descriptive-analytical methods. The results of the study show that Islamic law and positive law in Indonesia both place divorce as a last resort after peace cannot be realized. The difference lies in the implementation mechanism, where Indonesia's positive law requires that every divorce be decided through a Religious Court as a form of legal protection for the parties. Research also shows that divorce has legal consequences for child custody, alimony, and the rights and obligations of ex-spouses. Therefore, the harmonization between the principles of Islamic law and positive Indonesian law is an important factor in realizing legal certainty, justice, and protection of the rights of the parties after divorce.
Co-Authors Mhd Yadi Harahap