cover
Article Per Year (5 Year)
All
Home Page
OAI Link
Editorial Team
Contact
Reviewer
Google Scholar
Contact Name
Marli Candra
Contact Email
jurnaljinayah@uinsa.ac.id
Phone
081246912527
Journal Mail Official
jurnaljinayah@uinsa.ac.id
Editorial Address
Jl, Ahmad Yani 117 Kota Surabaya
Location
Kota surabaya,
Jawa timur
INDONESIA
Al-Jinayah: Jurnal Hukum Pidana Islam
Published by Universitas Islam Negeri Sunan Ampel
ISSN : 24605565     EISSN : 25031058     DOI : https://doi.org/10.15642/jinayah
Core Subject : Social,
Law, Crime, Criminology & Criminal Justice
Arjuna Subject : -
Articles 7 Documents
 1 
Search results for , issue "Vol. 11 No. 1 (2025): June 2025" : 7 Documents clear
Review of Islamic Criminal Law on Sexual Relations Between Humans and Animals (Bestiality) in the KUHP: Tinjauan Hukum Pidana Islam Terhadap Hubungan Seksual antara Manusia dengan Hewan (Bestiality) dalam KUHP Ibrahim, Faradhila Khusna; Rahma Eka Fitriani; Humaeroh, Nisbati Sandiah
Al-Jinayah : Jurnal Hukum Pidana Islam Vol. 11 No. 1 (2025): June 2025
Publisher : Islamic Criminal Law Study Program, Faculty of Sharia and Law, Sunan Ampel State Islamic University Surabaya, Surabaya, East Java, Indonesia.

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15642/aj.2025.11.1.44-61

Abstract

Bestiality is a type of crime related to crimes against decency, especially on the issue of sexual disorders, namely, having sexual intercourse with animals. This paper aims to answer questions about sexual harassment of animals according to Indonesian criminal law and how Islamic criminal law analyzes sexual harassment of animals in Indonesian criminal law. This type of research is qualitative and employs normative legal methods, focusing on the rules or norms that govern society. It is hoped that this research can increase public awareness about the dangers and negative impacts of bestiality. To enforce the law effectively, the Government needs to regulate and implement a more specific law on bestiality and provide relevant sanctions.
Implementation of Restorative Justice in the Criminal Act of Arisan Fraud in the Perspective of Maqāṣid Al-Syarī‘Ah and Ṣulḥ: Implementasi Restorative Justice Pada Tindak Pidana Penipuan Jual-Beli Arisan dalam Perspektif Maqāṣid Al-Syarī‘Ah dan Ṣulḥ Muhammad Alvin Nashir; Harefa, Safaruddin; Ghufron, Muhammad
Al-Jinayah : Jurnal Hukum Pidana Islam Vol. 11 No. 1 (2025): June 2025
Publisher : Islamic Criminal Law Study Program, Faculty of Sharia and Law, Sunan Ampel State Islamic University Surabaya, Surabaya, East Java, Indonesia.

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15642/aj.2025.11.1.94-124

Abstract

Restorative justice is a process of resolving criminal cases that involves the parties to restore justice, prioritizing a peaceful agreement and the fulfillment of the rights of victims and the responsibilities of perpetrators. Although it has been included in the provisions of each law enforcement agency, the implementation of restorative justice often experiences a differentiation between the requirements and the reality that occurs in the field. This attracted the author to conduct an implementation study of the restorative justice process in a case involving the fraudulent buying and selling of arisan, with a get-or-decline system handled by the Sat. Reskrim Polres Jombang. By using a type of juridical-empirical legal research method with a case approach, and a statutory approach, where the data is obtained from interviews and documents. Based on the study's results, the fraud case meets the formal and material requirements outlined in Police Regulation No. 8 of 2021, Article 4. At the level of the concept of criminal procedure law, the process of investigation, from investigation to termination of the case, has been in line with the standard operating procedures in the Criminal Procedure Code. Second, the case of fraudulent social gatherings has reflected the fulfillment of the context of maqāṣid al-syarī‘ah and the principle of ṣulḥ in efforts to resolve it according to Islamic law.
The Urgency of Reformulating the Handling of Petty Corruption through a Peaceful Fine Scheme in Indonesia: Urgensi Reformulasi Penanganan Korupsi Ringan Melalui Skema Denda Damai di Indonesia Marlina, Andi; Karauwan, Donny Eddy Sam; Juanedy, Achmad; Ramadhani, Anugrah
Al-Jinayah : Jurnal Hukum Pidana Islam Vol. 11 No. 1 (2025): June 2025
Publisher : Islamic Criminal Law Study Program, Faculty of Sharia and Law, Sunan Ampel State Islamic University Surabaya, Surabaya, East Java, Indonesia.

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15642/aj.2025.11.1.62-76

Abstract

Petty corruption is a form of corruption with relatively small state losses, but still contributes to the formation of a systemic culture of corruption. Law enforcement in Indonesia against this type of crime has tended to employ a uniform retributive approach, without considering the value of the loss and the severity of the offense. As a result, there are inequalities in court decisions and inefficiencies in case handling costs. This research employs a normative juridical method, combining a conceptual and case-based approach, to examine the handling of petty corruption from the perspective of substantive justice and the urgency of implementing an amicable fine mechanism (schikking). The results show that the amicable fine mechanism can be an effective and fair solution in handling petty corruption cases. In addition to encouraging the return of state losses quickly and efficiently, this approach is also in accordance with the principle of restorative justice which prioritizes recovery over retribution. For this reason, legal reconstruction is needed, which includes revising Article 4 of the Anti-Corruption Law and strengthening the legality of schikking, so that it can be formally applied to petty corruption cases in Indonesia.
Restorative Justice and Child Protection in Sharia Law: A Maṣlaḥah-Based Analysis from Langsa Sharia Court: Keadilan Restoratif dan Perlindungan Anak dalam Hukum Syariah: Analisis Berbasis Maṣlaḥah dari Mahkamah Syar’iyyah Langsa Muhammad Rusdi bin Muhammaddiah; Safitri, Rahmad
Al-Jinayah : Jurnal Hukum Pidana Islam Vol. 11 No. 1 (2025): June 2025
Publisher : Islamic Criminal Law Study Program, Faculty of Sharia and Law, Sunan Ampel State Islamic University Surabaya, Surabaya, East Java, Indonesia.

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15642/aj.2025.11.1.1-25

Abstract

This study examines the phenomenon of the dominance of imprisonment sentences perpetrators of child rape cases in the Langsa Sharia Court in the period 2022-2024, which differs from the general characteristics of Islamic law that implements caning punishment. The urgency of this research lies in analyzing the judicial panel's fundamental considerations when choosing imprisonment over caning, as well as examining the perspectives of benefit (maṣlaḥah) and the best interests of child victims. The research employs empirical legal methods with a qualitative approach, utilizing in-depth interviews with Judges of the Sharia Court of Langsa and library data analysis. The findings indicate that judges tend to impose prison sentences as they are deemed more effective in ensuring children's development without prolonged trauma, and better guarantee the maṣlaḥah and best interests of the child victims' future. The preference for imprisonment is based on comprehensive considerations of trauma recovery and protection of children's interests.
Legal Perspectives on Breast Grabbing as an Act of Sexual Harassment: Comparing Indonesian Positive Law with Islamic Criminal Law: Perspektif Hukum tentang Begal Payudara sebagai Tindakan Pelecehan Seksual: Membandingkan Hukum Positif Indonesia dengan Hukum Pidana Islam Fahmi, Zul; Fakhyadi, Defel; Pebriyanti; Asrofi; Suroto
Al-Jinayah : Jurnal Hukum Pidana Islam Vol. 11 No. 1 (2025): June 2025
Publisher : Islamic Criminal Law Study Program, Faculty of Sharia and Law, Sunan Ampel State Islamic University Surabaya, Surabaya, East Java, Indonesia.

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15642/aj.2025.11.1.26-43

Abstract

This research examines the phenomenon of breast grabbing as an act of sexual harassment that threatens the dignity and well-being of the victim, as well as exposing shortcomings in the legal protection system in Indonesia. This research aims to compare the handling of breast begging/grabbing cases according to Indonesian positive law and Islamic criminal law, analyze the social impacts caused, and explore more effective prevention strategies. This research employed a qualitative method and a normative approach, incorporating a literature review. The results show that Indonesian positive law provides broader protection for the psychological impact of victims and imposes strict sanctions, including imprisonment, for perpetrators. In contrast, Islamic criminal law emphasizes moral recovery and social balance, as well as sanctions determined based on the concept of ta’zīr, which considers the benefit to society. The synergy between the two legal systems is a strategic step in formulating more effective prevention and law enforcement policies for breast grabbing, and opens up opportunities for further research to develop a legal framework that is responsive to social dynamics and the values of justice.
Application of the Kenusantaraan Principle in the Formation of Customary Criminal Law in Regional Regulations: Penerapan Asas Kenusantaraan pada Konstruksi Hukum Pidana Adat dalam Peraturan Daerah Alfath, Tahegga; Muhajjjalin , Muh Qoidul Qurril
Al-Jinayah : Jurnal Hukum Pidana Islam Vol. 11 No. 1 (2025): June 2025
Publisher : Islamic Criminal Law Study Program, Faculty of Sharia and Law, Sunan Ampel State Islamic University Surabaya, Surabaya, East Java, Indonesia.

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15642/aj.2025.11.1.77-93

Abstract

The content of the legislation requires reflection on the principle of archipelago, including in terms of the formation of customary criminal law in regional regulations. So that the problems discussed are the characteristics of customary crimes that need to be regulated in regional regulations, and the form of application of the principle of the archipelago. The research employs a legal approach, utilizing both the Statute Approach and the Conceptual Approach. The results obtained indicate that the characteristics of customary crimes that need to be regulated in regional regulations are based on Article 2 paragraph (2) of Law Number 1 of 2023 concerning the Criminal Code, namely Pancasila, the 1945 Constitution of the Republic of Indonesia, and Human Rights. The application of the principle of archipelago emphasizes the principle of a unitary state, considering the diversity that exists in each region. Regional governments must ensure that the regulations take into account applicable customary law, create tasks, and synchronize and harmonize with the rules above them. As a form of meaningful participation, the involvement of customary law figures in the formulation of regional regulations can ensure that customary law is accommodated appropriately.
Analysis of Criminal Law Enforcement on Non-Consensual Deepfake Pornography in the Dissemination of Manipulative Content in Indonesia: Analisis Penegakan Hukum Pidana Deepfake Pornografi Non-Konsensual dalam Penyebaran Konten Manipulatif di Indonesia Elang Rinjani Utara; Widyawati, Anis
Al-Jinayah : Jurnal Hukum Pidana Islam Vol. 11 No. 1 (2025): June 2025
Publisher : Islamic Criminal Law Study Program, Faculty of Sharia and Law, Sunan Ampel State Islamic University Surabaya, Surabaya, East Java, Indonesia.

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15642/aj.2025.11.1.125-153

Abstract

The development of artificial intelligence (AI) technology has given rise to the phenomenon of deepfake, which is exploited for non-consensual pornography crimes, causing psychological and social harm to the victims. Although Indonesia has several regulations, such as the ITE Law, the Pornography Law, and the PDP Law, there is yet to be a specific regulation addressing deepfakes. The research uses a juridical-normative method with a statute approach, analyzing primary legal materials (ITE Law, Pornography Law, Criminal Code 2023, PDP Law), secondary materials (journals, books, expert opinions), and tertiary materials (legal dictionaries), which are collected through literature studies and analyzed deductively using the framework of legal birutoto justice and progressive law theories by Satjipto Rahardjo to produce a systematic argument. The research findings indicate that the lack of specific regulation on deepfakes in Indonesia creates legal uncertainty and barriers to enforcement, thus necessitating adaptive legal reforms, capacity-building of law enforcement officers, and a progressive approach to protect victims and ensure substantive justice.

Page 1 of 1 | Total Record : 7

 1 

Filter by Year

2025 2025


Reset
Filter By Issues
All Issue Vol. 11 No. 2 (2025): December 2025 Vol. 11 No. 1 (2025): June 2025 Vol. 10 No. 2 (2024): December 2024 Vol. 10 No. 1 (2024): Juni 2024 Vol. 9 No. 2 (2023): Desember 2023 Vol. 9 No. 1 (2023): Juni 2023 Vol. 8 No. 2 (2022): Desember 2022 Vol. 8 No. 1 (2022): Juni 2022 Vol. 7 No. 2 (2021): Desember 2021 Vol. 7 No. 1 (2021): Juni 2021 Vol. 6 No. 2 (2020): Desember 2020 Vol. 6 No. 1 (2020): Juni 2020 Vol. 5 No. 2 (2019): Desember 2019 Vol. 5 No. 1 (2019): Juni 2019 Vol 5 No 01 (2019): Juni Vol. 4 No. 2 (2018): Desember 2018 Vol. 4 No. 1 (2018): Juni 2018 Vol 4 No 02 (2018): Desember Vol 4 No 02 (2018): Desember Vol 4 No 1 (2018): Juni Vol. 3 No. 2 (2017): Desember 2017 Vol. 3 No. 1 (2017): Juni 2017 Vol 3 No 2 (2017): Desember Vol 3 No 1 (2017): Juni Vol. 2 No. 2 (2016): Desember 2016 Vol. 2 No. 1 (2016): Juni 2016 Vol 2 No 2 (2016): Desember Vol 2 No 1 (2016): Juni Vol. 1 No. 2 (2015): Desember 2015 Vol. 1 No. 1 (2015): Juni 2015 Vol 1 No 2 (2015): Desember Vol 1 No 2 (2015): Desember Vol 1 No 1 (2015): Juni More Issue