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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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Peningkatan Angka Kejahatan Pencurian pada Masa Pandemi dalam Tinjauan Kriminologi dan Hukum Pidana Islam Mamluchah, Laila; Mubarok, Nafi'
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.2020.6.1.1-26

Abstract

This article discusses the increase of number in theft crimes during the pandemic based on criminology and Islamic criminal law. The condition of the world today that struck by a pandemic gave many impacts on various aspects of life, one of which is the economy. The “stay at home” policy to reduce the spread of the Covid-19 outbreak resulted in many massive layoffs, which in turn weakens the economy's community, which on the other hand increased the theft crime rate. According to criminology, the increase of theft crime during the pandemic is affected by sociological factors. It is because of those with a weak economic capacity who cannot meet their basic needs. Besides, there is also an imbalance in the structure of society, which then results in dysfunction of social construction. Meanwhile, in the study of Islamic criminal law, the reason for the occurrence of criminal acts is due to the inability of humans to maintain their nature and the presence of outside influences. Of course, this also rejects the theory of the existence of a relationship between poverty and crime, because basically, those who in material poverty and material wealth all have the potential to commit crimes so that all depend on their return to their respective nature.
Pembaharuan Hukum Acara Pidana Melalui Mekanisme Afdoening Buiten Process Handoko, Priyo
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.2020.6.2.317-343

Abstract

Law of Criminal procedure is a framework for law enforcement officers to carry out law enforcing duties in enforcing the law, which contained in the Criminal Procedure Code. In its development, reforms needed in the Criminal Procedure Code. One of which is by adopting a mechanism or provisions for the settlement of cases out of court or Alternative Dispute Resolution (afdoening issuer process). This article aims to examine the significance of reform in the penal system in Indonesia. Through the spirit of actualising justice, usefulness, and legal certainty in criminal law, the author tries to describe the systematic problems of punishment in Indonesia. Also, the author uses several approaches, including a statutory, a conceptual, and a case approach. The results of the study reveal that the Indonesian criminal system enriched with corporal punishment. As the purpose of punishment adopted by the Indonesian is a combination of distributive theory and utilitarian theory, the emergence of Prosecutor's Regulation Number 15 of 2020 concerning Cessation of criminal Prosecution Based on Restorative Justice is the practical strategy to produce justice, benefit and legal certainty.
Penjualan Tuak di Paciran Lamongan Perspektif Hukum Pidana Islam Musyafaah, Nur Lailatul; Faiza, Nabilatul
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.2020.6.2.285-316

Abstract

The article discusses the sale of tuak drinks in Paciran Lamongan from Islamic criminal law's perspective. This research is field research. Data comes from observations, interviews, and documentation. Data will be analyzed using a descriptive qualitative method with a deductive mindset. Based on laboratory test results on 800ml of tuak drink, it contains alcohol of 8.5%. Based on Islamic law, it considered as khamr. The Regional Regulation of Lamongan Regency, Number 03 of 2004 concerning Supervision and Control of the Distribution of Liquor, alcohol of 8.5% categorized as level B liquor and it's distribution is prohibited. Those who violate the rule, punishable with imprisonment for a maximum of 3 months or a maximum fine of Rp. 50,000,000- (fifty million rupiah). According to Islamic law’s perspective, the penalty given to the seller of liquor is ?add's penalty of 40 to 80 whips. In case of the punishment of ?add cannot be carried out, the criminal can be punished by ta'z?r referring to the applicable laws or regulations.
Analisis Syar’iyyah Ijtihad Umar Bin Khattab terhadap Hadd Sariqah Hisan, Khairatun; Santoso , Arif Dian
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.2020.6.2.397-319

Abstract

Umar bin Khattab acknowledged as a reformer in Islamic Criminal Law. He considered as a source of authority for liberal Muslim thinkers over his thoughts. His ideal of ijtihad differ from what being understood in the Qur'an and Sunnah which raises the pros and cons among the companions. Even liberal thinkers consider Caliph Umar bin Khattab has a hermeneutic consciousness and an actual rationalist figure. One example of his ijtihad is declining the implementation of hadd punishment of cutting off hands for thieves under certain circumstances. The research aims to re-examine of Umar bin Khattab ijtihad, especially on hadd of sariqah. This research is a qualitative literature review, where data come from the Quran, Hadith, and references which further analyzes by descriptive-analytical methods. The result of the study showed that inapplicability of sariqah punishment due to the emergencies, namely famine. Also, there was doubt in the crime that caused Umar to abhor the punishment. Based on these reasons, then Umar's ijtihad is allowed according to the Shari'ah and not a form of Shari'ah deconstruction.
Tinjauan Filsafat Hukuman dalam Islam terhadap Overspel dan Zina Candra, Marli; Nadhiva, Nanda Pricilia
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.2020.6.2.450-476

Abstract

The article aims to examine the legal philosophy that underlies the punishment of overspel written in article 284 of the Indonesia Criminal Code and zina in Islamic criminal law. Apart from studying its philosophical grounds, this article also seeks to understand the differences between overspel and zina. This article is a literacy study with interviewing several sources regarding their understanding of both overspel and zina. The results showed that there are connections between the community's view of the definition of zina and overspel. Overspel is a part of zina in its broader meaning. Zina categorised into zina al-lamam, namely all immoral act, zina muhshon, which is illegal sexual intercourse by married couples and zina ghairu muhshon for unmarried people. Overspel fall into the second category, namely zina muhshon. The legal philosophy that underlies zina is utilitarian principles, a punishment which aims to achieve future effects such as deterrent influence on society and a rehabilitative result for zina ghairu muhshon. Whereby overspel based on personal losses and regarded as a complaint offence.
Penyimpanan Mata Uang Asing Palsu dan Penggunaan Uang Hasil Transfer Dana yang Bukan Miliknya: Suatu Tinjuan dari KUHP dan Undang-undang No. 3 Tahun 2011 tentang Transfer Dana Sutantyo, Priscillia Tiffany
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.2020.6.2.477-497

Abstract

Abstract: The paper aims to analyze whether the conducts of S, who has the counterfeit foreign currency with the intention of circulating the money and the use of the transferred funds that do not belong to him are under the Criminal Code and the Funds Transfer Law. The results of the study showed that S infringed the Article 245 of the Criminal Code which proved that S kept counterfeit foreign currency with the intent of distributing the money through his actions of keeping 10 (ten) pieces of 100 (one hundred) United States dollars which he obtained from A, a friend of S at Bima's Terminal. S also had violated Article 85 of the Funds Transfer Law through his act of utilizing the transferred money that did not belong to him. S knew that the money transferred to his account was not from the platinum metal buyer, based on a telephone's statement between the platinum metal buyer and S, who then took the money from his account and used the money. Therefore, S should be liable for his criminal actions.
Pola Praktik Penyelesaian Tindak Pidana Anak di Lamongan Dalam Perspektif Restorative Justice: Studi Kasus Anak yang Berhadapan dengan Hukum di Lamongan Anshori, Anshori
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.2020.6.2.344-368

Abstract

Protection of children is a constitutional obligation and for children is a constitutional right. In the context of children as national assets, protection for them is a necessity for the State. Then the incident of children in conflict with the law is also the scope of children who must be protected by the State, and in handling it, is it the same as adults who commit criminal acts. On the basis of this premise, research under the above title was conducted. Then this research is intended to portray legal practice, its relevance to the concept of justice restoration which has actually been adopted by the Child Protection Law with the terminology of diversion. In this study using the normative juridical method and collaborating with a sociological approach, then in the normative approach method, preceded by an inventory of positive laws governing child protection in the criminal justice system, then studying legal principles, in concreto legal discovery and the level of vertical synchronization. and horizontal. Then the sociological juridical approach is used to determine the implementation of child protection in the practice of the criminal justice system, where there are social aspects that influence the operation of law in society (law in action). The result of this research is to try to portray the concept of justice restoration as a model for solving children who are dealing with the law, with the reality of the law in its enforcement.
Penegakan Hukum terhadap Gerakan Ekstremisme yang Beredar di Indonesia Perspektif Fikih Jinayah: Studi Kasus FPI Setyowati, Novita; Syaifuddin , Muhammad Irfan; Mardani , Nofi; Isnawati , Nurul
Al-Jinayah : Jurnal Hukum Pidana Islam Vol. 7 No. 1 (2021): Juni 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

Abstract

This research was conducted to analyze cases that occured with the FPI object, in order to get a bright spot on law enforcement. The murder case of 6 members of the FPI group is still in the process of being investigated, so there are several possibilities for law enforcement that might apply. Prior to this case, FPI was also often involved in extreme anarchist acts, and the people who saw it would call it aradical group. Based on a series of cases that occurred which of course involved FPI with residents, the community, and security forces. There are 3 possible articles of law enforcement in Indonesia that will apply according to UU, namely article 383 of the Criminal Code regarding accidental disappearances, and Article 340 of the Criminal Code regarding premeditated murder, as well as Article 170 of the Criminal Code regarding acts of violence. The perspective that the writer will aim at is the perspective of Jinayah Jurisprudence. So, if the law enforcement is brought to the realm of the jinayah, there are also several kinds of choices of law, namely qis}a>s} if it is proven to kill deliberately and deliberately. The next choices of law is to pay diyah if it is accidental, and also kaffarah, namely relief from Diyat.
Analisis Sanksi Tindak Pidana Korupsi dalam Perma Nomor 1 Tahun 2020 Ditinjau dari Konsep Ta’zir dalam Fikih Jinayah Fadilla, Intan Nur; Santoso , Arif Dian
Al-Jinayah : Jurnal Hukum Pidana Islam Vol. 7 No. 1 (2021): Juni 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.2021.7.1.145-168

Abstract

In fiqh jinayah, criminal sanctions for corruptors are included in the ta'zir punishment adjusted to the decision of ulul 'amri based on several considerations because several jarimah are relevant to the concept of corruption, jarimah ghulul and al-rishwah. The Supreme Court formulates sentencing guidelines for judges. It issues them into Supreme Court regulations (PERMA) Number 1 of 2020 to realize legal certainty, justice, and proportional benefits in imposing crimes against perpetrators of criminal acts of corruption. This paper aims to identify and analyze the application of ta’zir in the sentencing guidelines issued by the Supreme Court from the perspective of fiqh jinayah by prioritizing the benefit of the people. The research method used in this study uses normative legal research, and it can be concluded: 1. Criminal sanctions commonly applied by the jarimah ta’zir are imprisonment and a fine formulated in PERMA Number 1 of 2020. 2. The guidelines for punishment in the Supreme Court regulations are by the concept of ta’zir because criminal sanctions are determined proportionally based on several considerations, namely the criteria for the high and low impact of the act and The profit obtained by the perpetrator determines the size of the criminal sanction imposed by the judge.
Konsepsi Fiqh Jinayah dalam Merumuskan Sanksi Hukum Pembunuhan Mutilasi Ropei, Ahmad
Al-Jinayah : Jurnal Hukum Pidana Islam Vol. 7 No. 1 (2021): Juni 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.2021.7.1.24-46

Abstract

Among the serious problems facing society is murder accompanied by mutilation. This paper aims to describe the jinayah fiqh conception of mutilation and its legal sanctions. The results of this paper indicate that mutilation is murder which is followed by dismembering the limb of the victim. In positive criminal law, mutilation is charged under Article 340 of the Criminal Code with the threat of alternative sanctions, namely the death penalty or life imprisonment, or for a specified period of up to twenty years. Murder of mutilation in the concept of jinayah fiqh is classified as deliberate killing (qatl al-'amd), this is based on the existence of an element of intentional intention (intention) as a key element for determining the radius of deliberate killing (qatl al-'amd). The punishment formulated for the perpetrator of deliberate murder is qisas, which is the death penalty as retribution for the perpetrator.

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