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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 283 Documents
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Penyelenggaraan Perlindungan Anak dalam Perda Kota Surabaya No. 6 Tahun 2011 Perspektif Maqasid Al-Shari’ah Ulya, Zakiyatul
Al-Jinayah : Jurnal Hukum Pidana Islam Vol. 6 No. 1 (2020): Juni 2020
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.2020.6.1.27-56

Abstract

Regional Regulation (Perda) of Surabaya No. 6 of 2011 concerning the Implementation of Child Protection. It contains provisions regarding children and their obligations, the implementation of child protection, and the obligations of parents, families, communities, and local governments towards them including child labor in informal sector work, community, and private sector participation, Child-Friendly City Task Force, prohibition, guidance and supervision as well as administrative, investigative, and criminal sanctions. The implementation of Regional Regulation related to child protection in Surabaya City, by Regulation No. 6 of 2011 is in accordance with maqasid al-shari'ah based on the five main elements which are the objectives of the legal designation, even though in the regional regulation, hifz al-din and hifz al-mal get a smaller portion of the setting and a different degree of clarity than the other three components. Therefore, there must be a balanced aspect of five legal objectives in the regional regulation of child protection to work optimally. Apart from that, there should also be clearer regulations, especially regarding the protection of religion and children's property so as not to create different interpretations from policy implementers and other interested parties.
Pembantaran Pelaku Tindak Pidana yang Menderita Gangguan Jiwa dalam Tinjauan Hukum Pidana Islam Studi Kasus di Polrestabes Surabaya Sodiq, Djakfar
Al-Jinayah : Jurnal Hukum Pidana Islam Vol. 6 No. 1 (2020): Juni 2020
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.2020.6.1.57-83

Abstract

The paper aims to find out the Islamic Criminal Law's perspective on the postponement of the penal sentence on the criminal offenders who suffer mental disorders at the Surabaya Police Headquarters. At the end of the paper, it is concluded that the implementation of postponement arouses two main points of discussion. First, it is seen from the condition and fitness of the perpetrator that is the effect of mental disorders on the criminal. According to the opinions of ulama 'Malikiyah and Hanafiyah, the insane condition that occurred before the judge's decision could stop the court examination process and postpone it until the insane state disappeared. Their reason is that to impose a sentence requires a taklif, which must be present when conducting an examination. Second, because of postponing penal sentence on the criminal offender who has a mental disorder aims to facilitate the police to obtain clarity on a criminal case committed by the perpetrator or the suspect, so whether the suspect can be held accountable for the criminal act or not is in the interest of smooth examination. Therefore, in the view of Islamic Criminal Law, it is appropriate to postpone the legal sentence, because it is based on the text related to the prohibition of carrying out punishment if still in doubt (shubhat).
Implementasi Undang-undang Pornografi terhadap Penyanyi Dangdut dalam Prespektif Hukum Islam Amin, Achmad Agus
Al-Jinayah : Jurnal Hukum Pidana Islam Vol. 6 No. 2 (2020): Desember 2020
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.2020.6.2.531-560

Abstract

Dangdut music is one type of music genre found in Indonesia. It is the most loved music by the majority public. However, dangdut music is often misrepresented lately by individuals as the source of pornography. This paper aims to find out how the implementation of prescriptions and constraints of pornography on dangdut singers in the view of the Pornography Law, and Fiqh Siyâsah ideas. The study determined that the prohibitions and restrictions on pornography contained in Law Number 44 of the Year 2008 have not been fully implemented. The Law is applicable only if certain events occur and dangdut singers have violated the restrictions. So it is clear that there is a lacuna between the prevailing rules and the existing phenomena. In terms of Islamic law, the pornographic acts committed by dangdut singers are considered as prohibitory deeds and against Islamic law. It comes under ta'z?r punishment.
Relevansi Pemikiran Ibnu Qayyim al-Jauziyah tentang Peranan Keyakinan Hakim dengan Sistem Pembuktian dalam Hukum Acara Pidana di Indonesia Ilmiyah, Nailul
Al-Jinayah : Jurnal Hukum Pidana Islam Vol. 6 No. 2 (2020): Desember 2020
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.2020.6.2.420-449

Abstract

The paper aims to expose the relevance of Ibn Qayyim al Jauziyah's thoughts in the role of judges' conviction with the evidence in the criminal procedural law system in Indonesia. The result shows that the function of the judge's conviction is considered a base or a consideration in deciding cases, in the sense that the belief is the act of the judge accompanying the emergence of evidence presented before the court. Ibn Qayyim al-Jauziyah argues that a judge's conviction is related to the broad knowledge of the law and the skill in reading the signs that arise in the case, it also considered a basic guideline for judges in deciding cases, in addition to legal provisions. The relevance of Ibn Qayyim al-Jauziyah's thoughts in criminal procedural law in Indonesia regarding the role of judges' belief is that both (according to Ibnu Qayyim and criminal procedural law in Indonesia) both emphasize that the conviction of judges has a very critical role in deciding cases.
Tinjauan Filsafat Hukum Islam terhadap Pelaksanaan Remisi bagi Pelaku Tindak Pidana Rahman, Inayatur
Al-Jinayah : Jurnal Hukum Pidana Islam Vol. 6 No. 1 (2020): Juni 2020
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.2020.6.1.84-116

Abstract

The paper aims to examine the perspective of Islamic legal philosophy on the implementation of Remission in terms of legal principles and justice. There are three conclusions from this article. Firstly, good behavior which is a requirement for a criminal to receive remission cannot be named as the concept of repentance in Islamic law. Secondly, the remission given to the perpetrator is not based on the principles of law and justice in Islam. Thirdly, it is suggested that Presidential Decree No. 174 of 1999 concerning Remission needs to be reviewed by distinguishing the types of crimes committed, so that justice, peace, and benefit for the community can be obtained. Even so, it should be noted that based on the philosophy of Islamic law, remission which is given to the criminals (convicts or child criminals) who have committed serious human rights crimes, corruption, drug dealers, murder, and transnational crimes, etc. is not following the principles of law, justice and benefit.
Eksistensi dan Kewenangan Mahkamah Syar’iyah dalam Mengadili Tindak Jinayah di Provinsi Nanggroe Aceh Darussalam Abror, Nashihul
Al-Jinayah : Jurnal Hukum Pidana Islam Vol. 6 No. 1 (2020): Juni 2020
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.2020.6.1.229-256

Abstract

The existence of the Syar'iyah Court in Aceh Darussalam Province is very appealing. Particularly related to (1) the State of Indonesia which is not an Islamic State, and (2) its enforcement from the perspective of fiqh siyasah. The conclusion of this paper inferred that firstly; the background of the Syar'iyah Court in DI Province of Aceh, which has existed since the Japanese era, is not only a gift from the central government to the people of Aceh through the Regional Autonomy Law and the existence of Law No. 44 of 1999 alone, but is more of a return to the rights of the Aceh people that have been lost. Secondly: the Syar'iyah Court has the authority to work and examine, decide, and settle cases at the first level, in the fields of ahwal al-syakhshiyah, Mu'amalah, and Jinayah. Thirdly: the existence of the Mahkmah Syar'iyah is a demand from every Muslim community to resolve various problems that occur as practiced by the Prophet, as well as based on QS al-Nisa '(4) 105, and manifested by the Shari'iyah Court in NAD whose main task is the implementation of Islamic law.
Implementasi Euthanasia dalam Perspektif Ulama dan Hak Asasi Manusia Warjiyati, Sri
Al-Jinayah : Jurnal Hukum Pidana Islam Vol. 6 No. 1 (2020): Juni 2020
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.2020.6.1.257-284

Abstract

Euthanasia is a problematical issue among doctors, legal practitioners, and religious scholars. It has become a topic of discussion in various countries, especially Indonesia and Malaysia when viewed from the perspective of religion and human rights. The scholars agree that an action can only be classified as a Jarimah if the action is strictly prohibited by syara'. Although there is no clarity or certainty in determining whether euthanasia is a crime or not, the concept of euthanasia itself, formulated by experts, is written and is prohibited in the Al-Quran and Hadith. For example in the Al-Qur'an in QS. Al-An'am verse 151: "And do not kill the soul that Allah has haraam (kills it) but with the right cause". Killing here means killing in any way, including killing with the help of others, such as the concept of active euthanasia. Meanwhile, from a human rights perspective, euthanasia is an effort to eliminate the right to life of a human being, because the nature of euthanasia itself eliminates human life because it will harm others.
Tinjauan Hukum Islam terhadap Putusan PN Sidoarjo No. 189/Pid.B/2009/PN.Sda Tentang Pemerkosaan Anak di Bawah Umur Asyifa, Asyifa
Al-Jinayah : Jurnal Hukum Pidana Islam Vol. 6 No. 1 (2020): Juni 2020
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.2020.6.1.144-175

Abstract

The purpose of this paper is to find out a review of Islamic criminal law on the Sidoarjo District Court's decision on the crime of rape against minors. The research results obtained explain that the legal basis used by the judge in deciding case No. 189 / Pid.B / 2009 / PN.Sda, using article 81 paragraph 1 of the Child Protection Law No. 23 of 2002. Whereas in practice the Sidoarjo District Court only imposes a 7-year prison sentence and a fine of Rp. 60,000,000, -, a 5-month subsidy based on considerations of burdensome and mitigating matters. In Islamic criminal law, punishment for the perpetrator of the criminal act of rape is equated with adultery. From an Islamic point of view, the sentencing of the Sidoarjo District Court to the perpetrator of rape against minors is deemed unbalanced, when viewed from the perspective of the consequences of the act committed by the perpetrator against the victim, and it does not preclude the perpetrator from repeating the same act, because considered mild enough and could not cause a deterrent effect.
Analisis Hukum Pidana Islam terhadap Orang yang Membantu Aborsi Faisol, Faisol; Malik, Arif Jamaludin
Al-Jinayah : Jurnal Hukum Pidana Islam Vol. 6 No. 1 (2020): Juni 2020
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.2020.6.1.117-143

Abstract

Abortion as a crime has a long story and many people do not realize that abortion is related to the public wellbeing issue. Within the Islamic's perspective, fetus removal is prohibited because it kills the fetus (human candidate) which is glorified by Allah SWT. Ironically, abortion is supported by some groups. The impact is that there are an estimated 2,000,000 cases of abortion that occur each year in Indonesia. This paper concludes that the punishment received by the perpetrators who are indirect actors comes below the term of ta'zir offense. Where the form, the amount, and the way of its sentence being carried out are under the judge's discretion. It is demanded that the authorities should be bolder and more resolute in punishing offenders so that the harsher the punishment is given, the more likely it would deter. The public is demanded to be cautious against any persuasion efforts, incitement, and other forms of influencing that made them a party in a crime.
Pengajuan Grasi yang Berulang-ulang dalam Perspektif Hukum Pidana Islam Santoso, Santoso
Al-Jinayah : Jurnal Hukum Pidana Islam Vol. 6 No. 1 (2020): Juni 2020
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.2020.6.1.176-201

Abstract

The paper aims to answer questions about how the procedure for filing clemency under Law No. 22 of 2002, as well as what are the consequences of repeatedly filing clemency by death convicts, and how Islamic law evaluates it. The results of this study concluded that the procedure for filing clemency according to Law no. 22 of 2002 creates more legal certainty for convicts who want to apply for clemency regarding the requirements and the time frame, because it stipulates the timeframe and procedures for completing the clemency request for each agency. Meanwhile, repeated applications for clemency will have an impact on the convict's psyche, because the submission is not necessarily accepted. What is clear is that the legal process will be protracted, then hinders the enforcement of the rule of law. Whereas in Islamic law, clemency is up to the victim's guardian, whether to accept or reject his apology. Whereas in Islamic law, the exclusion postponed is only when the guardian is in a crazy state and is not yet mature, then waiting to recover and mature

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