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Marli Candra
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INDONESIA
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 288 Documents
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Effectiveness and Challenges of the Regulatory Framework for Eliminating Gender Based Violence in Indonesia: Efektivitas dan Tantangan Kerangka Regulasi Penghapusan Kekerasan Berbasis Gender di Indonesia Moh. Riziq; Thobary, Amim; Nurillah, Isma; Manaqib, Ulil
Al-Jinayah : Jurnal Hukum Pidana Islam Vol. 11 No. 2 (2025): December 2025
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.2025.11.2.231-247

Abstract

Gender-based violence remains a serious issue despite the enactment of various legal instruments and policies. This article aims to comprehensively evaluate the effectiveness of the regulatory framework for eliminating gender-based violence by examining the gap between legal norms and implementation practices. This study uses a qualitative approach, drawing on literature reviews and policy analyses of regulatory documents, news sources, and relevant academic publications. The analysis was conducted using a policy implementation and governance framework for gender-based violence. The results of the study indicate that Indonesia has a relatively progressive regulatory and institutional framework, but its implementation remains limited. The effectiveness of policies is not determined solely by the completeness of norms, but also by the integration of service systems, service standardization, and support for normative change. This article offers a comprehensive analytical framework for assessing the effectiveness of policies to eliminate gender-based violence in Indonesia.
Law Enforcement Against Khalwat Offenses Committed by Teenagers in Banda Aceh City: Penegakan Hukum Terhadap Pelanggaran Jarimah Khalwat oleh Remaja di Kota Banda Aceh Muhajirin; Sulfanwandi; Roslaili, Yuni
Al-Jinayah : Jurnal Hukum Pidana Islam Vol. 11 No. 2 (2025): December 2025
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.2025.11.2.269-284

Abstract

Banda Aceh is widely recognized as a region that formally implements Islamic law; however, violations of jarimah khalwat among adolescents continue to occur in social life. This situation reflects a paradox between the legal norms stipulated in Aceh Qanun Number 6 of 2014 on Jinayat Law and the actual behavior of adolescents in public and semi-private spaces. This study aims to analyze the phenomenon of jarimah khalwat violations committed by adolescents and to examine the enforcement of law against such violations in Banda Aceh. The research employs a qualitative approach using an empirical juridical method, with data collected through interviews with officers of the Civil Service Police Unit and Wilayatul Hisbah, field observations in vulnerable locations, and analysis of case data and applicable legal provisions. The findings indicate that law enforcement has been implemented through preventive measures, such as patrols and public outreach, as well as repressive actions including raids, guidance, and legal sanctions in accordance with the Jinayat Qanun. However, its effectiveness remains constrained by limited resources, low community participation, weak family roles, and strong social influences on adolescents. Therefore, effective enforcement requires synergy among the state, community, and family to foster legal awareness and ensure sustainable prevention.
Restorative Justice in Supreme Court Regulations Number 1 of 2024: an Analysis of Islamic Criminal Law Perspective (Case Study of the Garut District Court): Restorative Justice dalam Peraturan Mahkamah Agung Nomor 1 Tahun 2024: Analisis Persfektif Hukum Pidana Islam (Studi Kasus Pengadilan Negeri Garut) Septiayu, Nadya; Najmudin, Deden; Rozikin, Opik
Al-Jinayah : Jurnal Hukum Pidana Islam Vol. 12 No. 1 (2026): June 2026 (Forthcoming)
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.2026.12.1.1-19

Abstract

Restorative Justice in Supreme Court Regulation Number 1 of 2024 is a concept for resolving criminal cases that prioritizes the restoration of losses for victims. This study aims to analyze its implementation at the Garut District Court and provide an analysis from the perspective of Islamic Criminal Law. This study was conducted using an empirical juridical approach based on interviews, court documents, and a review of literature related to restorative justice and Islamic criminal law. The results of this study indicate that the Garut District Court has successfully implemented restorative justice in the crime of theft. However, in Islamic criminal law, there are differences in concepts that are limited by the rights of Allah and Adam in imposing punishment. This study presents a novel discussion of restorative justice from the perspective of Islamic criminal law, recommending that the two concepts should be integrated according to their provisions and needs, particularly in the context of theft.
Judges' Ratio Decidendi in Hate Speech Crime Decisions: A Study of Decision Number 255/Pid.Sus/2021/PN Jkt.Utr from an Islamic Criminal Law Perspective: Ratio Decidendi Hakim dalam Putusan Tindak Pidana Ujaran Kebencian: Kajian Putusan Nomor 255/Pid.Sus/2021/PN Jkt.Utr Perspektif Hukum Pidana Islam Sadira, Allian; Anwar, Syahrul; Faizal, Enceng Arif
Al-Jinayah : Jurnal Hukum Pidana Islam Vol. 12 No. 1 (2026): June 2026 (Forthcoming)
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.2026.12.1.20-48

Abstract

The development of social media has increased the ease of disseminating information while simultaneously giving rise to criminal acts of hate speech that have the potential to disrupt social order. One application is reflected in the North Jakarta District Court Decision Number 255/Pid.Sus/2021/PN.Jkt.Utr which imposed a criminal sentence on the perpetrator of spreading provocative narratives through a WhatsApp group. This study aims to analyze the judge's legal considerations in the decision and examine them from the perspective of Islamic criminal law. The study employs a normative juridical method, utilizing a statutory, conceptual, and comparative approach. The results show that the judge's considerations focused on fulfilling the elements of Article 28 paragraph (2) in conjunction with Article 45A paragraph (2) of the ITE Law. From the perspective of Islamic criminal law, this act is considered a jarimah ta'zīr because it contains elements that spread hostility, threatening public order and human honor. This criminalization is in line with the objectives of maqāṣid al-syarī‘ah, especially in maintaining social welfare, honor, and stability.
The Right to Breastfeed as a Manifestation of Maqashid Sharia in the Implementation of Lactation Room Policy in Indonesia: Hak Menyusui Sebagai Manifestasi Maqashid Syariah dalam Implementasi Kebijakan Ruang Laktasi di Indonesia Meti Sulastri; Sambas, Nandang; Panji Adam Agus Putra
Al-Jinayah : Jurnal Hukum Pidana Islam Vol. 12 No. 1 (2026): June 2026 (Forthcoming)
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.2026.12.1.84-101

Abstract

This article aims to examine the right to breastfeed within the framework of Maqashid Sharia and to analyze the extent to which lactation room policies in Indonesia reflect the principles of public benefit and protection. This study uses a normative-juridical method supported by conceptual and comparative approaches. Data were obtained through literature research on statutory regulations, Islamic legal sources, fiqh literature, and relevant scientific publications. The findings show that breastfeeding rights are closely related to hifz al-nafs, hifz al-nasl, and hifz al-‘aql because breastfeeding contributes to the protection of life, lineage, health, and child development. Although Indonesian regulations have normatively supported the provision of lactation rooms, their implementation remains limited due to weak enforcement mechanisms and the absence of strong institutional commitment. This article concludes that lactation room policy should not only be understood as an administrative obligation, but also as a manifestation of Maqashid Sharia that protects mothers and children. The novelty of this study lies in integrating Islamic legal philosophy with Indonesian positive law to strengthen the ethical and normative basis of lactation room policy.  
The Authority of Vehicle Seizure by the Police in Traffic Tickets After the 2025 Criminal Procedure Code: Kewenangan Penyitaan Kendaraan Bermotor oleh Kepolisian dalam Tilang Pasca KUHAP 2025 Podungge, Fadel Maulana
Al-Jinayah : Jurnal Hukum Pidana Islam Vol. 12 No. 1 (2026): June 2026 (Forthcoming)
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.2026.12.1.49-68

Abstract

This study aims to analyze the legality of seizing and detaining motor vehicles in traffic ticket enforcement and to reformulate police authority in a manner that prioritizes the protection of drivers’ rights and the principle of due process of law. This research employs a normative legal research method supported by an empirical approach through interviews with the public. The findings indicate that, normatively, the seizure of motor vehicles has a clear legal basis under the Criminal Procedure Code, the Road Traffic and Transportation Law, and related implementing regulations. However, in practice, there remains a gap between legal norms and their implementation, where seizure measures are often disproportionate, generate social and economic impacts, and potentially create opportunities for misconduct such as gratuities and weak evidence management. Therefore, a reformulation of police authority is necessary by positioning seizure as an ultimum remedium, applying the principle of proportionality, and strengthening supervision and accountability mechanisms.
Legal Protection for Victims of Sexual Violence Through The PPKPT Task Force at Medan State University: a Victimological Analysis: Pelindungan Hukum Korban Kekerasan Seksual oleh Satgas PPKPT Universitas Negeri Medan (Perspektif Viktimologi) Thesia, Devi Putri; Muhtaj, Majda El; Hadiningrum, Sri; Bungana Beru Perangin-angin, Reh; Gabriel Siahaan, Parlaungan
Al-Jinayah : Jurnal Hukum Pidana Islam Vol. 12 No. 1 (2026): June 2026 (Forthcoming)
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.2026.12.1.69-83

Abstract

This study aims to analyze the forms of legal protection for victims of sexual violence, the application of a victimological perspective, and the obstacles faced by the Universitas Negeri Medan Satgas PPKPT in providing such protection. The study employs an empirical-juridical method with a qualitative approach. Data were gathered through literature reviews, interviews, and documentation involving informants, including the Chair and Secretary of the Universitas Negeri Medan Satgas PPKPT and students from the Faculty of Social Sciences at the same university. The findings indicate that the legal protection provided by the Satgas PPKPT encompasses victim assistance, confidentiality of identity, counseling services, monitoring of the victim's condition, and recommendations for sanctions against perpetrators. This protection aligns with victim rights provisions stipulated in the Law on the Crime of Sexual Violence (UU TPKS), particularly regarding the rights to handling, protection, and recovery. The victimological perspective is applied through a victim-centered approach that prioritizes safety, comfort, recovery, and the prevention of revictimization.
Criminal Liability of Corporations and Beneficial Owners in Supreme Court Decision No. 8431–8433 K/PID.SUS/2025: An Analysis of Piercing the Corporate Veil Under the 2023 Criminal Code: Pertanggungjawaban Pidana Korporasi dan Beneficial Owner dalam Putusan Mahkamah Agung Nomor 8431–8433 K/PID.SUS/2025: Analisis Piercing the Corporate Veil Pasca-KUHP 2023 Salsabila, Arini; Masyhar, Ali; Wulandari, Cahya
Al-Jinayah : Jurnal Hukum Pidana Islam Vol. 12 No. 1 (2026): June 2026 (Forthcoming)
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 study analyzes the application of the doctrine of Piercing the Corporate Veil in Supreme Court Decisions Nos. 8431, 8432, and 8433 K/PID.SUS/2025, which convicted the Wilmar Group, Musim Mas Group, and Permata Hijau Group of corruption related to CPO exports and ordered restitution of Rp17.7 trillion. Using a normative legal research method with a legislative, case-based, and conceptual approach, this article discusses: (1) the construction of corporate criminal liability in the 2023 Criminal Code, specifically Article 47 regarding beneficial owners; and (2) the Supreme Court’s application of the “Piercing the Corporate Veil” doctrine. Key findings indicate that the Supreme Court pierces the corporate veil by viewing corporate groups as a single entity and extending liability to beneficial owners. However, the ruling remains dependent on the Anti-Corruption Law (lex specialis), thereby creating a normative gap with the 2023 Criminal Code.

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