Legalite: Jurnal Perundang Undangan dan Hukum Pidana Islam
Vol 10 No 2 (2025): Legalite: Jurnal Perundang Undangan dan Hukum Pidana Islam

Analisis Hukum Positif dan Hukum Pidana Islam tentang Pemerasan Dengan Modus Kencan

Alqoyyum, Syafa Aliyya (Unknown)
Rosyadi, Moh. Imron (Unknown)



Article Info

Publish Date
31 Jul 2025

Abstract

This study aims to analyze and compare the provisions of Indonesian positive law and Islamic criminal law regarding the criminal act of extortion through fictitious dating schemes, which have recently become increasingly prevalent, particularly targeting tourists. The methodology used is normative legal research with a qualitative approach, presented through descriptive and comparative analysis. The focus of this research lies in identifying the elements of extortion as regulated in Article 368 of the Indonesian Criminal Code (KUHP), distinguishing it from theft and robbery, and examining the concept of extortion in Islamic criminal law as a form of jarimah ta’zir. The findings reveal that extortion through dating schemes is an unlawful act that not only violates positive law but also contravenes moral principles and ethical values in Islamic criminal law. In the Islamic legal context, such acts fall under the category of jarimah ta’zir, with punishments determined by judges based on the severity of the offense and the harm caused. This study is expected to contribute meaningfully to efforts in preventing similar crimes and enhancing public legal awareness.

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Journal Info

Abbrev

legalite

Publisher

Subject

Religion Law, Crime, Criminology & Criminal Justice

Description

Legalite is published by the Islamic Sharia Law Study Program Faculty of IAIN Langsa. This journal contains a study related to the law, thoughts, and renewal of Islamic Criminal Law both in Indonesia and abroad. This journal is published twice a year: June and ...