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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 10 Documents
 1 
Search results for , issue "Vol. 7 No. 2 (2021): Desember 2021" : 10 Documents clear
Pendekatan Spiritual Religius Tindak Pidana Kekerasan Fisik terhadap Anak dan Perempuan dalam Rumah Tangga Ibrahim, Aji Lukman; Kusuma, Aditama Candra; Rahmawati, Putri
Al-Jinayah : Jurnal Hukum Pidana Islam Vol. 7 No. 2 (2021): Desember 2021
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.2021.7.2.463-483

Abstract

The purpose of this study was to determine the permissibility of hitting children who do not pray and a nuzyus wife in Islamic law and to find out that violence against children and women in the household is associated with the values ​​contained in Pancasila. The results showed that although hitting children who do not pray and wives who are nuzyus in Islam is permissible, the Prophet SAW taught to treat children and wives with respect, compassion, and gentleness. Not by hitting arbitrarily when the wife and children make mistakes. Because in Islam, if you are going to hit you must pay attention to the conditions for hitting in Islam, it cannot be done arbitrarily. Domestic violence which is increasingly cruel day by day does not at all reflect the human values ​​contained in Pancasila, Some Indonesian people no longer understand the philosophical values ​​that should be a guide in social life and also guidelines for behavior, so that domestic violence that often occurs today does not reflect the real Indonesian people according to the ideals of the ancestors.  
Implikasi Hukum Pembebasan Narapidana Koruptor dalam Kondisi Penyebaran Covid 19 Perspektif Sosiologi Hukum Mohammad, Mohammad; Sari , Insana Meliya DCA; Hidayat , Nur; Bari , Abdul
Al-Jinayah : Jurnal Hukum Pidana Islam Vol. 7 No. 2 (2021): Desember 2021
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.2021.7.2.303-335

Abstract

Sociologically, the corruptor's behaviour is against the function of law. Law as social control, dictates people's lives in juridical aspect. As a means of social control, the law determines ideal and deviant behaviour and stipulates legal sanctions against the deviant. This paper refers to normative legal research by conducting studies on legislation and legal theory related to existing problems. Furthermore, the study results showed that releasing prisoners to prevent the transmission of COVID-19 was not the right solution and was only temporary because the main problem was not over capacity in prisons and detention centres but instead government policies that prioritized continuous prison sentences. It encourages over-capacity even when there is a COVID-19 pandemic or not. In addition, releasing prisoners also has several impacts, such as the vulnerability of prisoners to COVID-19 in the community, the difficulty in finding a living, the increased crime rate, and so on. In short, releasing prisoners to reduce the spread of COVID-19 amid crowded prisons is a temporary solution.  
Peran Komisi Pemberantasan Korupsi Dan Kepolisian dalam Pemberantasan Tindak Pidana Korupsi di Indonesia dalam Perspektif Teori Sistem Hukum Muwahid, Muwahid; Hayya , Akiya Qidam; Putri , Tiara Intan
Al-Jinayah : Jurnal Hukum Pidana Islam Vol. 7 No. 2 (2021): Desember 2021
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.2021.7.2.409-435

Abstract

This article discusses the role of the Corruption Eradication Commission and the Police in eradicating corruption in Indonesia from the perspective of legal system theory. This research is normative legal research, using legislation, conceptual, and case approaches. Legal materials are obtained from laws and regulations, law books, legal journals, and related articles, then analyzed using deductive thinking patterns, namely drawing general things to draw a specific conclusion. The study results indicate that the Corruption Eradication Commission and the Police are included in sub-systems of criminal justice, both of which have the authority to enforce the law in the field of corruption per the authorities stipulated in the legislation. From the legal system theory perspective, the enforcement of criminal acts of corruption must be seen from three aspects, namely the laws and regulations, law enforcement officers, and the legal culture of the community. From these three aspects, the Corruption Eradication Commission and the Police have a very decisive role in law enforcement for corruption under their respective authorities.  
Konsep Miranda Rule dalam Hukum Pidana di Indonesia Perspektif Maqasid al-Shari’ah Handoko, Priyo; Farida, Anis
Al-Jinayah : Jurnal Hukum Pidana Islam Vol. 7 No. 2 (2021): Desember 2021
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.2021.7.2.386-408

Abstract

This article examines the application of the Miranda rule concept in Criminal Procedure Law in Indonesia which is viewed from the perspective of maqa>s}id ash-syari>'ah. The research method used in this research is normative law which is described in an explorative-qualitative manner. The results of the study explain that the existence of The Miranda Rule concept in the Criminal Procedure Code in Indonesia is not entirely included. It is limited only to Article 52 of the Criminal Code which gives freedom to suspects or defendants in giving information. The right to remain silent is not justified in the Criminal Procedure Code as in Mirnada Right. This is because in some cases there was coercion by the authorities which then led to an inaccurate decision by the court. So maqa>s}id ash-syari>'ah views the concept of the miranda rule of benefit to be applied in criminal law in Indonesia, especially the Criminal Procedure Code as a form of safeguarding human dignity and human rights. Mistakes or harm should be minimized or even eliminated when dealing with human life or human dignity. So the author concludes that it is necessary for lawmakers or in this case the legislature and the government to carry out legal reforms to the existence of the rights of suspects or defendants in procedural law in accordance with the objectives or benefits of a law.    
Chemical Castration For Sexual Violance Convicts In Indonesia: The Hifz al-Nafs and Huquq al-Insan Review Sanuri, M
Al-Jinayah : Jurnal Hukum Pidana Islam Vol. 7 No. 2 (2021): Desember 2021
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.2021.7.2.247-282

Abstract

The number of sexual harassment against children and women in Indonesia has increased significantly. This shows that women and children are currently insecure. To respond to this, the Indonesian government came up with Law Number 23 of 2002, Government Regulation in Lieu of Law Number 1 of 2016, Law Number 17 of 2016, and Government Regulation Number 70 of 2020 to eliminate the increasing number of victims and provide a deterrent effect for perpetrators. On the other hand, there have been pros and cons from all levels of Indonesian society regarding the chemical castration punishment. To consider the effectiveness of chemical castration, this study will look at the perspective of hifz al-nafs (guarding the soul) and huquq al-insan (human rights) as the basic rights that should not be violated. The results of the research showed that chemical castration is effective because it is able to provide maslahah values ​​in the form of a deterrent effect for perpetrators and security and safety especially for children and women, although there are few problems in the area of ​​human rights, where perpetrators of sexual crimes have the right to be treated fairly before the law.
Urgensi Peran Majelis Adat Aceh dalam Pengawasan Hukum Adat Istiadat di Aceh Barat: Studi Implementasi Qanun Nomor 5 tahun 2021 tentang Majelis Adat Aceh Kabupaten Aceh Barat Handoyo, Budi; Fisa, Triansyah
Al-Jinayah : Jurnal Hukum Pidana Islam Vol. 7 No. 2 (2021): Desember 2021
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.2021.7.2.362-385

Abstract

Article 18B number [2] of the 1945 Constitution states that the State recognizes and respects customary law community units and their traditional rights as long as they are still alive and in accordance with community development and the principles of the Unitary State of the Republic of Indonesia, which are regulated by law. Article 18B, the Constitution provides the basis for the establishment of customary institutions as part of the policy for implementing regional autonomy in Aceh. Included in the Aceh autonomy policy is the establishment of customary institutions, including the Acehnese traditional assembly. the existence of the Aceh Customary Council, has been regulated in Chapter XIII of the Customary Institution Article 98 of Law Number 11 of 2006 concerning the Government of Aceh. In the process of monitoring the performance of the Aceh Customary Council, the Aceh Barat Regency has its own role in carrying out their duties and authorities as stipulated in Article 49 of the West Aceh Regency Qanun Number 5 of 2021 concerning the Aceh Customary Council, that the Aceh Regency Customary Council fosters and supervises the implementation of adat. based on Islam in the life of the people of West Aceh.
Tindak Pidana Contempt of Court Perspektif Hukum Islam Musyafaah, Nur Lailatul; Warjiyati, Sri; Syafaq, Hammis
Al-Jinayah : Jurnal Hukum Pidana Islam Vol. 7 No. 2 (2021): Desember 2021
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.2021.7.2.283-302

Abstract

The court is a place to seek justice. It is a place that must be respected. However, there are still many cases of contempt of court.  This is contrary to the Criminal Code and Islamic law.  This study examines the contempt of court perspective of Islamic law. This research is a library and qualitative research. Data collection is carried out through literature studies derived from laws, books, and journals. The collected data is described for deductive analysis using Islamic law. The results of the study mentioned that in Indonesia there is no specific law on Contempt of court.  Contempt of court is based on criminal code articles 210, 2lindung16, 217, 221, 222, 223, 224, 225, 242, 222, 231, 232, 233, 317, 417, 552.  In Islamic law, contempt of court is a prohibited act as described in the Qur'an and hadith. The sentence is in accordance with the form of the contempt of the court perpetrator's actions and the consequences they cause. If the terms of his sentence are not mentioned in the Qur'an and hadith, then the judge can decide based on his ijtihad called ta'zir.  
Implementasi Fiqh Jinayah dalam Qanun Nanggroe Aceh Darussalam: Suatu Tinjauan Historis, Yuridis, Filosofis dan Sosiologis Mubarok, Nafi'
Al-Jinayah : Jurnal Hukum Pidana Islam Vol. 7 No. 2 (2021): Desember 2021
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.2021.7.2.336-360

Abstract

This article describes the implementation of fiqh jinayah in the national criminal law system. The discussion focused on: (1) the existence of fiqh jinayah in Indonesia's national criminal law and (2) the implementation of fiqh jinayah in Indonesia in the Qanun of Nanggroe Aceh Darussalam. At the end of the article, it is concluded that the study of the implementation of fiqh jinayah in the Qanun NAD can be accomplished by examining the existence and implementation of several aspects. In the aspect of historical existence, fiqh jinayah has been an entity of NAD people's life for a long time, and juridically, fiqh jinayah is one of the sources of material law for the formation and renewal of national criminal law, in addition to legal recognition and regulation of fiqh jinayah. While in the implementation aspect, the application of fiqh jinayah philosophically assumes values ​​that exist and adapt to the conditions of the Indonesian legal system. Sociologically some situations support the implementation of fiqh jinayah in the NAD Qanun; in addition, the application of fiqh jinayah has proven to be effective. as an effort to protect the community in minimizing the occurrence of crime.
Sanksi Kebiri dalam Perspektif Penologi Candra, Marli; Rifqi, M. Jazil
Al-Jinayah : Jurnal Hukum Pidana Islam Vol. 7 No. 2 (2021): Desember 2021
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.2021.7.2.436-462

Abstract

The paper aims to examine the philosophy of punishment which is the basis for determining castration as a sanction or a form of treatment determined by the government. This paper puts forward a normative analytical approach to castration as a product of the law, strengthened by a comparative approach to the philosophy of punishment. The results illustrate that castration is an emotional expression of society towards the rise of sexual violence cases against children, likewise, as an effort to prevent it by paralyzing the ability of biological desire. Apart from the two supporting arguments, the reason for establishing castration as an additional punishment cannot be proven based on the deterrent effect, benefits and rehabilitative impact of castration. This paper also supports castration as a crime and not a treatment.
Kepastian Hukum, Kemanfaatan Dan Keadilan Pemidanaan Kejahatan Asal Usul Perkawinan: Analisis Putusan No. 387/Pid.B/2021/PN.Jmb Fitrihabi, Nuraid; Rafikah, Rafikah; Kurniawan, Ardian
Al-Jinayah : Jurnal Hukum Pidana Islam Vol. 7 No. 2 (2021): Desember 2021
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.2021.7.2.484-509

Abstract

The purpose of the law includes three elements: certainty, expediency, and justice. All three must be regarded asthe foundation for which the law is created not only of juridical value but also of philosophical and sociological value. This study aims to examine the decision of the Jambi District Court No. 387/Pid.B/2021/PN.Jmb which imposes imprisonment on polygamous perpetrators without the wife's and court's permission by considering the principles of legal certainty, benefit and justice. The research is normative legal research, with the object of study is legal principles accompanied by a case approach. The decision implies a conflict between legal certainty, the principle of justice, and the usefulness of the law, especially concerning the position of the convict. Therefore, justice in the court decision is considered partial, retributive justice, which is regarded as no longer relevant. Ideally, the punishment of the accused is accompanied by restitution to the victim by way of restorative justice, which is not only concerned with punishing and deterring the perpetrators but also about protecting the families as victims.

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