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All Journal Priviet Social Sciences Journal Afaquna: Jurnal Cakrawala Islam
Lia Indah Khilmina
Universitas Selamat Sri
Economics, Econometrics & Finance Education Environmental Science Law, Crime, Criminology & Criminal Justice Social Sciences

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Conflict of legal principles in drug crimes by children: Analysis of judges' discretion in cumulative decisions Rizky Wibowo; Nahar Surur; Lia Indah Khilmina
Priviet Social Sciences Journal Vol. 5 No. 8 (2025): August 2025
Publisher : Privietlab

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55942/pssj.v5i8.646

Abstract

This research analyzes the conflict of principles in juvenile criminal law, particularly in relation to the imposition of cumulative punishment on juveniles who commit narcotic offences. The paradigm of child protection in the Child Criminal Justice System Law (UU SPPA), which prioritizes restorative justice and the ultimum remedium principle, is confronted by the samenloop principle of the Criminal Code and the classification of drug offences as extraordinary crimes. Through a deductive approach, the discussion identifies inconsistencies in judicial practice. Findings from several case studies show that judges often use discretion to impose cumulative punishments, overriding the mandate of the SPPA Law to prioritize rehabilitation over retribution. This conflict indicates a misalignment between legal ideals and practical implementation, rooted in rigid legal interpretations and normative lacunae. Therefore, this research recommends fundamental solutions, namely, the affirmation of the lex specialis principle that places the SPPA Law above the general law, the reinterpretation of extraordinary crime as a call for extraordinary rehabilitation, and the strengthening of binding decision guidelines for judges (SEMA). Judges' discretion must be directed towards a philosophical understanding that true justice for children is an opportunity for recovery, not a punishment that robs them in their future. Thus, the integrity of the juvenile criminal justice system could be upheld.
The Practice of Al-Ighraq fil-atsman in the Burn Rate Strategy of Startups in Indonesia Lia Indah Khilmina; M. Wahab Khasbulloh
Afaquna: Jurnal Cakrawala Islam Vol. 1 No. 2 (2026): Afaquna: Jurnal Cakrawala Islam
Publisher : Faculty of Islamic Studies

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.51792/bmyyb067

Abstract

The "burn rate" strategy has become a tool for accelerating market dominance for startups in Indonesia, but this practice often triggers indications of extreme loss-making. This study aims to examine this phenomenon through the lens of Sharia Economic Law, specifically the concept of Al-Ighraq fil-atsman. Using normative legal research methods and a conceptual approach, this study evaluates whether price efficiency in the digital ecosystem aligns with the principles of fairness in transactions. The results indicate that the systematic practice of Al-Ighraq fil-atsman to eliminate competitors (MSMEs) contains elements of dharar (harm) and market distortion, which are prohibited in Islam. Although startups claim to promote themselves, strategies that lead to monopoly (ihtikar) contradict the spirit of healthy business competition (al-munafasah al-syarifah). The conclusion of this study emphasizes that the legality of the burn rate under Sharia depends on the absence of intent to damage market prices and the protection of the rights of small producers to achieve economic balance (tawazun).
Co-Authors M. Wahab Khasbulloh Nahar Surur Rizky Wibowo