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All Journal Journal of Shariah Economics
Hartoyo .
Universitas Dr. Soetomo Surabaya
Religion Economics, Econometrics & Finance Education Social Sciences Other

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Pertanggung Jawaban Pidana Pelaku Pemerkosaan Anak Oleh Ayah Kandung Dimas Aditya Wahyu Pratama; Hartoyo .; Moh. Taufik
JOURNAL OF SHARIA ECONOMICS Vol. 4 No. 2 (2022): Journal of Sharia Economics
Publisher : Program Studi Ekonomi Syariah, Fakultas Ekonomi dan Bisnis Islam, Universitas Al Hikmah Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35896/jse.v4i2.1141

Abstract

The crime of raping a child committed by a biological father is a form of sexual violence that is very concerning and has become a deep social and legal problem. This article aims to analyze the criminal liability of perpetrators of child rape by the biological father, by highlighting various aspects of Indonesian criminal law, child protection law, and the role of psychology in exploring the factors that encourage this criminal act. The method used in this research is a qualitative approach with literature study and in-depth interviews with sources consisting of legal practitioners and forensic psychology experts. The results of the research show that perpetrators of child rape by the biological father can be charged with various articles in the Criminal Code (KUHP), including articles on rape and sexual violence against children, as well as factors that aggravate the consequences of family relationships. This article also recommends the need for a multidisciplinary approach in handling this case, including preventive efforts involving the family, community and state.
Penerapan Hukuman Mati Dalam Kasus Narkotika di Indonesia Hardian Estu Prabowo; Ernu Widodo; Vieta Cornelli; Hartoyo .
JOURNAL OF SHARIA ECONOMICS Vol. 4 No. 1 (2022): Journal of Sharia Economics
Publisher : Program Studi Ekonomi Syariah, Fakultas Ekonomi dan Bisnis Islam, Universitas Al Hikmah Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35896/jse.v4i1.1186

Abstract

The circulation and abuse of narcotics in Indonesia has reached avery alarming stage and has had a far-reaching impact on socialorder, public health, and the future of the nation's future generations.The government has responded to this phenomenon by imposingstrict sanctions, including the death penalty, against perpetrators ofnarcotics crimes as a form of repression and deterrent. This studyaims to examine the legal regulations regarding the death penalty fornarcotics crimes in Indonesia and assess the effectiveness of itsimplementation in eradicating narcotics crimes. The research methodused is normative juridical with a legislative approach and casestudies. The results show that the legal basis for the death penalty innarcotics cases is stipulated in Law Number 35 of 2009 and theCriminal Code, and is reinforced by the decisions of the ConstitutionalCourt. However, its implementation continues to reap pros and consfrom a human rights perspective. The effectiveness of the deathpenalty in eradicating narcotics trafficking is considered suboptimaldue to the high number of violations, weak law enforcement, andpotential procedural violations. Therefore, an evaluation of the deathpenalty policy is necessary to ensure it aligns with the principles ofjustice, human rights protection, and the objectives of criminal lawitself.
Co-Authors Dimas Aditya Wahyu Pratama Ernu Widodo Hardian Estu Prabowo Moh. Taufik Vieta Cornelli