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All Journal Mandub: Jurnal Politik, Sosial, Hukum dan Humaniora
Maria Arfah Nasution
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Humanities Law, Crime, Criminology & Criminal Justice Social Sciences

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Penerapan Pasal 316 Ayat (1) UU No. 1 Tahun 2023 Tentang KUHP terhadap Perbuatan Mabuk di Muka Umum : Studi di Kota Rantauprapat Maria Arfah Nasution; Zulpahmi Lubis
Mandub : Jurnal Politik, Sosial, Hukum dan Humaniora Vol. 4 No. 3 (2026): September: Mandub: Jurnal Politik, Sosial, Hukum dan Humaniora
Publisher : STAI YPIQ BAUBAU, SULAWESI TENGGARA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59059/mandub.v4i3.3260

Abstract

This research is motivated by the enactment of Law Number 1 of 2023 on the Criminal Code, particularly Article 316 paragraph (1), which regulates public intoxication as a crime against public order. Although this provision has come into force, its implementation at the regional level remains understudied, particularly from the perspective of Islamic criminal law. This study aims to analyze the application of Article 316 paragraph (1) in the City of Rantauprapat, identify the supporting factors and obstacles in its implementation, and examine the provision from the perspective of Islamic criminal law. This study employs an empirical legal research method with a qualitative approach. Primary data were obtained through interviews with officers of the Labuhanbatu Police Resort, neighborhood heads, and community leaders, as well as field observation, supported by secondary data in the form of legislation, official documents, and relevant literature. Data collection techniques included interviews, observation, and documentary study. The findings indicate that during the research period, based on the statements of law enforcement officers and the data collected, no application of Article 316 paragraph (1) was found in practice, given the absence of cases fulfilling the elements of the offense as well as the minimal number of reports filed by the community to the police. Case resolution was predominantly carried out through mediation by neighborhood heads using a familial approach. From the perspective of Islamic criminal law, intoxication is prohibited as it contravenes the objective of sharia in safeguarding the intellect (ḥifẓ al-'aql).
Co-Authors Zulpahmi Lubis