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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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Tinjauan Yuridis terhadap Penyalahgunaan Kegiatan Perbankan dalam Penghimpunan Dana Masyarakat oleh Koperasi: Studi Putusan Nomor 271/Pid.Sus/2018/PN.Pti Rifqi, Muhammad Jazil
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.2021.7.1.1-23

Abstract

The existence of irregularities in banking activities carried out by non-bank institutions, in addition to violating applicable norms also results in losses for many people when there is embezzlement of funds. The juridical study of this literature research reveals that the implementation of criminal acts against violations of banking authority which in the judge's decision imposes criminal sanctions on cooperative leaders in the form of imprisonment for eleven years and an additional punishment in the form of a fine of ten billion provided that if not paid is replaced by imprisonment for six months economic offenses The judge's verdict which is more than the crimes committed by the perpetrator in harming society can be justified as stated in article 46 of the banking law. Non-bank institutions in the form of cooperatives in collecting public funds must obtain permission from the Minister of Cooperatives whose storage and use of funds is limited to their members, but if they carry out their services not from their members, it violates article 16 of the banking law. In addition, Article 59 of the Criminal Code also emphasizes that the leadership or management of a corporation that has a legal entity who commits a criminal act must bear the sanctions decided by the judge.
Komparasi Jinayat dengan Hukum Pidana Nasional dalam Penjatuhan Sanksi terhadap Pelaku Tindak Pidana Isnin, Harum; Cahyani , Indah Fitri
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.2021.7.1.169-189

Abstract

Abstract: Islamic law was accepted and developed in Indonesian society long before the arrival of western law by foreign invaders who controlled Indonesia. Most Indonesian Muslim people place Islamic law into the Indonesian legal system, which consists of Western criminal law, customary law, and Islamic legal systems. This article analyses the comparison between Islamic criminal law and Indonesian criminal law in determining sanctions providing a deterrent effect for criminals. Based on empirical legal research methods, it is found that there are similarities between Islamic criminal law and Indonesian criminal law in the form of purposes and principles. The crime conditions in Islamic criminal law are also the same as the offence contained in the national criminal code. The differences between the two laws are in the sources of law, the sanctions attached to each different offence, and the historical evolution that shape the criminal law. This research intends not to compare which crime is better but to find the ideal of criminal law for its betterment in human life.
Implikasi Kedudukan KPK Sebagai Rumpun Kekuasaan Eksekutif Berdasarkan Undang-undang Nomor 19 Tahun 2019 Habibi, Miftakhur Rokhman
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.2021.7.1.47-71

Abstract

The development of modern state administration constitutes new branches of power outside the Legislative, Executive and Judicial power, as well-known in the concept of “trias politica”. This branch of power is an Independent power with the emergence of a number of independent State commissions. In Indonesia, one such institution is the Corruption Eradication Commission (KPK). However, Law Number 19 of 2019 changed the KPK to become part of the executive power. So that, in this paper will discuss about the position of independent state institutions in a constitutional perspective and the implications of establishing the KPK as an executive body. This research is a normative research with the type of doctrinal research. The approach uses statutory approach and a conceptual approach. The results show that independent power does exist in the modern constitutional perspective. However, the establishment of the KPK as an independent institution in the executive clump has several implications, including the transfer of KPK's responsibility to the President, the executive forming the Supervisory Board which regulates the work procedures of the KPK and the KPK becomes the object of the DPR's inquiry rights.
Pemidanaan Kepala Daerah yang Terduga Korupsi Akibat Operasi Tangkap Tangan oleh Komisi Pemberantasan Korupsi Tutik, Titik Triwulan
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.2021.7.1.72-97

Abstract

The Hand Arrest Operation (OTT) against Regional Heads suspected of committing criminal acts of corruption is a juridical authority given to the KPK in the context of efforts to eradicate corruption. OTT by the KPK can only be carried out with the following conditions: First, as long as there is “preliminary evidence”, “sufficient preliminary evidence”, and “sufficient evidence”. Second, continue to uphold human rights to the suspect. The prosecution of regional heads who are suspected of committing criminal acts of corruption through the KPK's Hand Arrest Operation (OTT) is carried out in three forms. First, the death penalty as regulated in Article 2 paragraph (2) of the 1999 PTPK Law in conjunction with the Corruption Act 2001. Second, imprisonment and fines, which are regulated in Article 5, Article 6, Article 7, Article 8, Article 9, Article 10, Article 11 and Article 12 of the Corruption Act 1999 in conjunction with the Corruption Act 2001. Apart from that, it is also provided for in Article 55 Paragraph 1 to 1 of the Criminal Code. Third, the additional penalty for substitute money is regulated in the Supreme Court Regulation Number 5 of 2014 concerning the additional penalty for Corruption Crimes. Given that corruption is an extraordinary crime and its prevention requires special steps. Therefore, it is necessary to synchronize the rule of law between the Criminal Procedure Code and the Corruption Act in supporting the existing legal system to be more effective.
Studi Pemikiran Abdullah Ahmed An-Naim tentang Hukum Pidana Islan dan HAM Sulthon, M
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.2021.7.1.120-144

Abstract

The preliminary finding of this research acourding An-Naim is the contradiction between Islamic law and human rights caused by philosophy and tendancy of law. Islamic law is based on revelation, meanwhile the human rights on human experience. Islamic law emphasizes to the collective protection aspect, but the human rights concern to oneself interest. Islamic Criminal Law is not only to protrude its sanction aspect, but also to see the positive’s that’s social benefit..The above research found to respond the main problem of law Islamic criminal according An-Naim to the perspective of human rights. Sanction of dead punishment has been applied in Indonesia law sanction, while punishmen sanction of hand cutting and beating is not yet applied. On the other hand, the movement of human rights becomes stronger to refuse the implementation of islamic law sanction which is suppoused not relevance with the standard of human rights.This research position towards the anothers to strengthen the previous research, especially to strengthen the writing found ‘Topo Santoso’ that shows the priority of Islamic criminal law sanction.This research makes up normative and sociology’s. The analysis technique performed as descriptive analysis with the method : doctrine-comparative, analytic-deductive normative and analytic-inductive normative. Hence, the summary of this result study is withdrawn as deductive and inductive based on the data.
Telaah Pemikiran Muhaddithin dan Usuliyyin terhadap Hadith al-Jinayah sebagai Hujjah dalam Memutuskan Hukum Pidana Islam Al Hadi, Abu Azam
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.2021.7.1.213-246

Abstract

Al-hadith positions as the foundation of Islamic law does not cover all kinds and types of al-hadith, even though the Qur'an has shown its validity. The Ulama attitude toward al hadits is influenced by several factors. Some take all hadith as the basis for Islamic law (including determining the provisions of Islamic jinayah/criminal punishments), and some do not. Some ulama are critical of al-hadith as a rationale of the Islamic shari'ah argument, some are merely positive, and some reject a part of al-hadith as a basis. According to Ulama Muhaddistsun and Ushuliyyun, al-hadith al-maqbullah must be based on various criteria. It must be narrated by a narrator who is fair and dabit, there is no 'illah al-qadihah, and the narration is not experiencing shudud. Muhaddithun took the attitude to accept all hadith, whether authentic, hasan or da'if, all to be practised. On the other hand, the ushuliyyun take the basis of istinbat only on the proposition of hadith shahih or hasan as ma'mul bih. This attitude extends to al-hadith ghayr al-mutawatirah, which provides benefits for yaqin. According to them, if the hadith is ghayru ma'mul bih, it is rejected.  
The Problem of Violating The Law on Information and Electronic Transactions in Democracy Country Rohmah, Elva Imeldatur; Ilmiyah , Zainatul; Ningtyas , Mega Ayu
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.2021.7.1.190-212

Abstract

Law Number 11 of 2008 concerning Information and Electronic Transactions as amended by Law Number 19 of 2016 (ITE Law) is a law that regulates all matters concerning information technology applicable in Indonesia. As a democratic country, Indonesia upholds and respects freedom. In reality, the ITE Law creates many problems in the midst of society, because it is often used as a tool to limit freedom of speech and opinion. The results of this study indicate that the presence and implementation of the ITE Law which is considered to silence freedom of opinion and expression which is one of the pillars of democracy for social media users, is actually not all true. The existence of the ITE Law actually presses all parties to be more careful in their attitudes and expressions on social media. So that the negative impact or violation of the rights of freedom of others and other violations in the cyber world can be avoided. Then the freedom of opinion and expression can run well.  
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.  

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