Jurnal Al Tasyri'iyyah
VOLUME 1 ISSUE 1, JUNE 2021

Pros and Cons of Online Criminal Case Settlement During the Covid-19 Pandemic: Study on Islamic Criminal Law

Hasan, Hamzah (Unknown)



Article Info

Publish Date
27 Jun 2021

Abstract

The online criminal trial discourse has become a hot discussion topic by criminal law practitioners, especially regarding the obscenity case in Petamburan that involved the suspect, HRS. HRS himself and his lawyer refused to hold the online trial for being contrary to the Criminal Procedure Code (KUHAP) although there is a Memorandum of Understanding between the Supreme Court, Attorney General's Office, Police, and the Directorate General (Ditjen) of Corrections regarding the Implementation of Criminal Trial Proceedings via video conferencing as efforts to prevent the spread of Covid-19 on April 13, 2020. This study aims to provide an answer that Islamic criminal procedural law can accommodate models of virtual criminal case resolution because it considers emergency situations. Moreover, the reason for the emergency has to do with humanity. The data used as materials for data analysis was library research which were taken from fiqh books, written documents, laws and other regulations. The results show that Islamic criminal law can consider its feasibility.Keywords: Virtual criminal court – Islamic criminal

Copyrights © 2021






Journal Info

Abbrev

jat

Publisher

Subject

Law, Crime, Criminology & Criminal Justice Social Sciences

Description

Al Tasyriiyyah Journal is a journal of state administration law study program, faculty of sharia and law, alauddin islamic state university. Al Tasyriiyyah Journal is a scientific journal that publishes articles related to the study of constitutional law, islamic state law, and various scientific ...