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<![CDATA[Penegakan Hukum Pidana Lingkungan di Indonesia ]]>
<![CDATA[Mubarok, Mafi']]>
<![CDATA[ Al-Jinayah : Jurnal Hukum Pidana Islam Vol. 5 No. 1 (2019): Juni 2019 ]]>
Publisher : <![CDATA[Islamic Criminal Law Study Program, Faculty of Sharia and Law, Sunan Ampel State Islamic University Surabaya, Surabaya, East Java, Indonesia. ]]>
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DOI: 10.15642/aj.2019.5.1.1-29
<![CDATA[The definition of environmental crime is to pollute and damage the environment, as stipulated in 98-115 UUPPLH. In UUPPLH there are two principles in the use of criminal law facilities, namely as ulmitimum remedium and remedium premium. Whereas in its formulation, there are formal criminal and material criminal acts, even formal and material ones, namely Article 98 paragraph (2), (3) and article 99 paragraph (2), (3) UUPPLH. Criminal Law Subjects in UUPPLH are individuals, legal entities and environmental officials. Enforcement of criminal law in the field of environment in Indonesia is currently not in line with community expectations. Judging from the legal structure, because (1) judicial products are not sensitive to environmental crisis and sense of justice, (2) weakness in terms of law enforcement infrastructure, (3) environmental officials who commit environmental crimes in various forms, and (4) failure of government bureaucracy because it is insensitive to ecological premises. As for the substance of the law, because horizontally there are many policies that overlap and do not take sides with the interests of the environment, both in formulation and in its application. For legal culture, because (1) there are perceptions from law enforcement officials that environmental cases are ordinary cases, (2) still poor legal culture, (3) lack of socialization to the public regarding environmental law, and (4) economic downturn]]>
<![CDATA[Penerapan Dolus Eventualis Dalam Pasal 338 KUHP Menurut Perspektif Hukum Pidana Islam: Penerapan Dolus Eventualis Dalam Pasal 338 KUHP Menurut Perspektif Hukum Pidana Islam ]]>
<![CDATA[Sholihah, Aminatus]]>
<![CDATA[ Al-Jinayah : Jurnal Hukum Pidana Islam Vol. 5 No. 1 (2019): Juni 2019 ]]>
Publisher : <![CDATA[Islamic Criminal Law Study Program, Faculty of Sharia and Law, Sunan Ampel State Islamic University Surabaya, Surabaya, East Java, Indonesia. ]]>
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DOI: 10.15642/aj.2019.5.1.50-77
<![CDATA[According to Islamic criminal law an action can be said to kill when an action is carried out by an offender who causes an act of death, the existence of a victim injured by the perpetrator to cause death, the existence of a tool used by the perpetrator to commit the act of murder, the resulting consequences from the actions committed by the perpetrator against the victim in this case the death of the victim.The intentional element contained in Dolus evantualis is applied in article 338 by looking at the state of the perpetrator when committing an act that causes death even though at first the action was carried out without the purpose and intent to kill the victim, but seen from the perpetrator's awareness and knowledge of the possible consequences will arise from these actions can already be used as an element of deliberation and can be addressed by article 338 of the Criminal Code.Whereas according to Islamic criminal law the application of Dolus eventualis in article 338 includes semi-deliberate murder and the sentence contained in article 338, namely the maximum 15-year prison sentence in accordance with the ta'zir sentence in the semi-intentional murder crime, which is ta'zir punishment this is a substitute sentence for semi-deliberate murder.]]>
<![CDATA[Tindakan US yang Melakukan Penadahan Hasil Usaha Perkebunan Ditinjau dari Undang-undang Republik Indonesia Nomor 39 Tahun 2014 Tentang Perkebunan ]]>
<![CDATA[Amaliasari, Rosida]]>
<![CDATA[ Al-Jinayah : Jurnal Hukum Pidana Islam Vol. 5 No. 1 (2019): Juni 2019 ]]>
Publisher : <![CDATA[Islamic Criminal Law Study Program, Faculty of Sharia and Law, Sunan Ampel State Islamic University Surabaya, Surabaya, East Java, Indonesia. ]]>
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DOI: 10.15642/aj.2019.5.1.30-49
<![CDATA[The objective of the study is to be the partial fulfillment of the requirement for the degree of Bachelor of Law attained from Faculty of Law, University of Surabaya. he purpose of writing this scientific article is to find out and analyze the extent to which Based on Article 111 of the Civil Code Which states that every person who holds the results of plantation Business obtained from looting and/or theft as referred to in article 78 shall be sentenced to a maximum of 7 (seven) years imprisonment and a maximum fine of Rp.7,000,000,000.00 (seven billion rupiahs). This research analyzes the actions taken by the perpetrators (US), namely those who contarct plantation product in terms of law No.39 of 2014 concerning plantation. It can be started that in the case of the United States conducting extraction of plantation product is one form of imposition so that US can be subject to article 111 of law No.39 of 2014 concerning plantation.]]>
<![CDATA[Penerapan Asas Legalitas dalam Kasus Penanganan Pencabulan Anak di Bawah Umum ]]>
<![CDATA[Warjiyati, Sri]]>
<![CDATA[ Al-Jinayah : Jurnal Hukum Pidana Islam Vol. 5 No. 1 (2019): Juni 2019 ]]>
Publisher : <![CDATA[Islamic Criminal Law Study Program, Faculty of Sharia and Law, Sunan Ampel State Islamic University Surabaya, Surabaya, East Java, Indonesia. ]]>
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DOI: 10.15642/aj.2019.5.1.108-130
<![CDATA[Cases of crime in children often occur, even the number of crimes is increasing year by year. With the frequent crimes that occur in children, it requires firm action and protection from KPAI as an institution for the protection of children. Given the form of abuse is a violation of children's rights and can not be justified whatever the reason, both in terms of moral, moral and religious. The children have the right to be protected for their welfare, because the children are a vulnerable group. With the existence of laws and regulations related to children's rights, it can protect children in crime. In addition, the crime against children can provide a deterrent effect. In terms of criminal law, the offender of crimes against the children can be subject to the law as well. Seeing the number of victims of molestation, of course the offender's can be punished according to the principle of legality, namely the principle that no acts are prohibited and threatened with criminal offenses if not determined in advance in legislation. In Article 82, the perpetrators of crimes against children are subject to a maximum sentence of 15 years and a minimum of 3 years in prison with a maximum fine of 300,000,000.00 and at least 60,000,000.00. Whereas in Islamic criminal law the offender's are stoned to death, flogged a hundred times.]]>
<![CDATA[Tinjauan Islam terhadap Kejahatan Ekonomi ]]>
<![CDATA[Meirison, Meirison]]>
<![CDATA[ Al-Jinayah : Jurnal Hukum Pidana Islam Vol. 5 No. 1 (2019): Juni 2019 ]]>
Publisher : <![CDATA[Islamic Criminal Law Study Program, Faculty of Sharia and Law, Sunan Ampel State Islamic University Surabaya, Surabaya, East Java, Indonesia. ]]>
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DOI: 10.15642/aj.2019.5.1.131-152
<![CDATA[The understanding of crime in the Islamic economic perspective, in various dimensions both prevention, curative prevention and rehabilitation have differences with other economic systems. But there are still many similarities in the viewpoints of economic crime that exist such as the foundation, the purpose of evil. Prevention of crime is related to the awareness of the individual, the community, the source of the law applied, the readiness of the community in the application of the law. Implementation of the law as a whole is a state obligation with all legal instruments that exist in the country, such as apparatus, judiciary. Inherent inspiration, belief in the unseen is very instrumental in the implementation of the law in Islam. This is almost nonexistent in a secular legal system, especially in the economy. Supervision inherent in the Islamic economic system is very instrumental even has become a key element since the Islamic shari'ah triggered. Islam is the best solution for the prevention of economic crimes of society, nation and state with the existence of a well-documented prevention system. If implemented in earnest then will terbuki Islam can be used as a solution for various kinds of economic crimes.]]>
<![CDATA[Perlindungan Hukum terhadap Perempuan dan Anak Korban Kekerasan dalam Rumah Tangga di Kabupaten Sidoarjo ]]>
<![CDATA[Chairah, Dakwatul]]>
<![CDATA[ Al-Jinayah : Jurnal Hukum Pidana Islam Vol. 5 No. 1 (2019): Juni 2019 ]]>
Publisher : <![CDATA[Islamic Criminal Law Study Program, Faculty of Sharia and Law, Sunan Ampel State Islamic University Surabaya, Surabaya, East Java, Indonesia. ]]>
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DOI: 10.15642/aj.2019.5.1.153-175
<![CDATA[Domestic violence (domestic violence) is a gender-based violence that can result in physical, psychological, sexual or mental suffering of women, including threats of similar actions, coercion or arbitrary deprivation of liberty, both in the public and private spheres. Domestic Violence rates in Sidoarjo Regency tend to increase and rank second in the province of East Java after the domestic violence case in Malang Regency. The cause's is economic, socio-cultural problems, the products of legislation that are gender biased and discriminatory, ignorance and community understanding of the contents of the domestic violence law. This condition is really alarming, and because of that, legal protection is needed for women and children who are victims of domestic violence. In addition, it is also necessary to strengthen their knowledge and understanding of the Domestic Violence Act to prevent the spread of domestic violence in the community and increase their awareness of domestic violence so as not to become victims of violence. Efforts to strengthen and understand the people of Sukodono Subdistrict, Sidoarjo Regency on the law are carried out with assistance. As a result, they are able to understand and practice domestic legislation in the settlement of domestic violence cases.]]>
<![CDATA[Reformulasi Pengaturan Penggolongan Program Siaran Televisi Nasional Berdasarkan Kelompok Usia Khalayak dalam Prespektif Perlindungan Anak ]]>
<![CDATA[Hilmy, Fariz]]>
<![CDATA[ Al-Jinayah : Jurnal Hukum Pidana Islam Vol. 5 No. 1 (2019): Juni 2019 ]]>
Publisher : <![CDATA[Islamic Criminal Law Study Program, Faculty of Sharia and Law, Sunan Ampel State Islamic University Surabaya, Surabaya, East Java, Indonesia. ]]>
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DOI: 10.15642/aj.2019.5.1.176-194
<![CDATA[The protection of the law may also continue to be endorsed by The United Nations Convention on the Rights of the Child (commonly abbreviated as the CRC or UNCRC) that applies to States that have ratified it. Media regulators, especially television media and the government then try to control the contents of this media, one of which is the obligation to use the age classification code on television broadcast programs. Legislation and regulatory committees that oversee it have also been established by the government. KPI Regulation Number 01 / P / KPI / 03/2012 concerning Regulatory Procedure (P3) and KPI Regulation Number 02 / P / KPI / 03/2012 concerning Civil Procedure Program (SPS) also as alternative provisions in child protection as mandated by the Convention on the Rights of the Child (CRC) and Child Protection Law.Through this research, main problems related to the protection of children were found in the regulation of national television broadcast program classification based on the age group of audiences.Reformulation of the provisions of the age classification code on existing television broadcast programs is deemed necessary to prevent violations, especially related to child protection.]]>
<![CDATA[Kriminalisasi Kelalaian dalam Perbuatan Persiapan Tindak Pidana Terorisme di Indonesia ]]>
<![CDATA[Situmorang, Yoppy Kurniawan]]>
<![CDATA[ Al-Jinayah : Jurnal Hukum Pidana Islam Vol. 5 No. 1 (2019): Juni 2019 ]]>
Publisher : <![CDATA[Islamic Criminal Law Study Program, Faculty of Sharia and Law, Sunan Ampel State Islamic University Surabaya, Surabaya, East Java, Indonesia. ]]>
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DOI: 10.15642/aj.2019.5.1.78-107
<![CDATA[The research topic follows the absence of law regarding criminal provisions over preparation for criminal terrorism seen as negligence. Based on the issue mentioned, this research is focused on whether conducts due to negligence are punishable by law and on the formulation of regulation over the negligence regarding the preparation to prevent criminal terrorism in Indonesia. This research employed normative legal method along with statute, conceptual, and comparative approaches, while the legal research comprised both primary and secondary materials, both of which were analysed with systematic, grammatical, teleological, and futuristic interpretation.The research learns that 1) conducts seen as negligence in criminal terrorism are still considered as threatening, thus early punishment should be delivered for early prevention. The threat that becomes concern is linked to the network of terrorist organisation although it only begins with negligence. 2) Looking at policy in criminal cases and comparing Indonesia and Australia, the author proposes the following content of Article: anyone who, due to negligence, joins pre-military and military training, or other forms of training linked to terrorist organisations both in the state and overseas, directly and indirectly, and is aware of the situation that his/her act is considered as part of preparation for terrorism, he/she is sentenced to ten-year imprisonment.]]>
<![CDATA[Pandangan Masyarakat Islam Surabaya terhadap Kriminalisasi Nikah Sirri dalam Reformasi Hukum Keluarga di Indonesia ]]>
<![CDATA[Masruhan, Masruhan]]>
<![CDATA[ Al-Jinayah : Jurnal Hukum Pidana Islam Vol. 5 No. 1 (2019): Juni 2019 ]]>
Publisher : <![CDATA[Islamic Criminal Law Study Program, Faculty of Sharia and Law, Sunan Ampel State Islamic University Surabaya, Surabaya, East Java, Indonesia. ]]>
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DOI: 10.15642/aj.2019.5.1.195-231
<![CDATA[The people who committed unregistered marriage as criminal and penalized by imprisonment has created some problems. Marriage in Islam is considered as worship so it is not supposed to be criminalized. On the other hand, most leaders and figures in Surabaya opprove to criminalize who committed sirri marriage and polygamy as criminal and punished by imprisonment has created as worship so it is not supposed to be criminalized. On the other hand, most leaders and figures in Surabaya approve to criminalize sirri marriage. Furthermore, a husband who refuses to take responsibility, someone who acts as a trustee but entitled to do it and divorce which was not conducted by the judicial court can also be considered as criminal acts.]]>
<![CDATA[Supremasi Sistem Peradilan Pidana Anak di Indonesia ]]>
<![CDATA[Ulum, Miftahul]]>;
<![CDATA[Hefni, Wildani]]>
<![CDATA[ Al-Jinayah : Jurnal Hukum Pidana Islam Vol. 5 No. 1 (2019): Juni 2019 ]]>
Publisher : <![CDATA[Islamic Criminal Law Study Program, Faculty of Sharia and Law, Sunan Ampel State Islamic University Surabaya, Surabaya, East Java, Indonesia. ]]>
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DOI: 10.15642/aj.2019.5.1.232-264
<![CDATA[The criminal justice system of Juvenile has not have an obvious regulation yet. It neither formulated the legal criminal action of material. The legal formal in Juvenile Criminal Justice System has been interdependently it doubts the certainty of law as well. It does not have an equal perception of paradigm among the legal officers. The judges just consider the civil law system instead of the substantial justice for juveniles. The juvenile justice system in Indonesia does not yet have a clear legal substance, the juvenile justice law and the juvenile justice system do not formulate clear materials, the statutory law in the juvenile justice process still requires interdependence and obscures the value of legal certainty. There has not been a strong perception and equality of paradigms in the circles of legal freedom (Investigators, Public Prosecutors, Judges, Avocados and Implementers of Criminal Decisions in Children's Prison) in the discussion of correct child law. The lack of infrastructure in the juvenile justice process is also a legal problem. Enforcement of juvenile justice is still shackled by the debate on the civil law system which is more oriented to legal certainty over the value of substantive justice. The justice paradigm is still highlighted in the normative juridical aspects of the sociological juridical. The Integrated Criminal Justice System is not going well. Infra structure of children which is still not feasible. There is no clear philosophical foundation in the juvenile justice process.]]>
