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Legalite: Jurnal Perundang Undangan dan Hukum Pidana Islam
Published by Institut Agama Islam Negeri Zawiyah Cot Kala Langsa
ISSN : -     EISSN : 26147971     DOI : https://doi.org/10.32505/legalite
Core Subject : Religion, Social,
Religion Law, Crime, Criminology & Criminal Justice
Legalite is published by the Islamic Sharia Law Study Program Faculty of IAIN Langsa. This journal contains a study related to the law, thoughts, and renewal of Islamic Criminal Law both in Indonesia and abroad. This journal is published twice a year: June and December.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 181 Documents
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ILMU PENOLOGI MODERN SEBAGAI ALAT BUKTI ZINA DALAM HUKUM PIDANA ISLAM (SEBUAH TINJAUAN TERHADAP PEMIKIRAN ABDULLAH AHMED AL-NAIM) Syahrial, Muhammad
LEGALITE Vol 1 No 1 (2016): Volume I No. 01 Tahun 2016
Publisher : IAIN Langsa

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Abstract

Proof of adultery in Islamic criminal law still apply the evidences formulated by jumhur classical law expert that is recognition, The witness must be four men who are all male and pregnancy guidance, but this evidence can not serve as the primary evidence but as a supporting evidence against the evidence of confession and testimony. While international human rights agreed by various countries in the world there is no discrimination against witnesses, as long as the witness is competent to be a witness. Furthermore on the application of the rules of modern penology on the proof of adultery, Is very necessary because the sciences are very supportive to prove to the defendant guilty or not. The modern penology sciences required for the prevention of adultery today are expert witnesses, letters under oath, electronic media, DNA tests, Visum et Repertum namely information from doctors taken under oath and observation / judge decision. Keyword: Ilmu Penologi Modern, Alat Bukti Zina, Hukum Pidana Islam
RELEVANSI JARIMAH HUDUD DAN HAM INTERNASIONAL DALAM IMPLEMENTASI DI ERA MODERN AZ, Nairazi
LEGALITE Vol 1 No 2 (2016): Volume I No. 02 Tahun 2016
Publisher : IAIN Langsa

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Abstract

The Qur'anic concept of penal sanctions, especially criminal sanctions centered on hadd Because the existence of sanctions has been determined by syara '. Because after all the punishment applied to the perpetrator A form of justice for the victim, and impossible that man as a person can be separated with his community And this only occurs in the theoretical realm, but in the sociological reality Even in psychological reality, Human beings can not be separated from society In the concept of punishment formation in Islamic crime, the form of retribution (retaliation) includes two things are the violence of a punishment and the penalty imposed for a criminal offender In relation to the first aspect of the problems that arise later is the emergence of the view that the punishment demanded in Islamic criminal law is very cruel and ignores the human rights norms such as the form of hand-cutting penalty Stoning, crucifixion, cross-cutting of hands and feet and hanging. The forms of punishment are contrary to Article 7 of the International Covenant on Civil and Political Rights Where in the ICCPR (International Covenant on Civil and Political Rights) no one should be treated inhumanely Which has been agreed by various countries on the implementation of human rights If viewed from a Western perspective of human rights, hud?d is an example of punishment that violates the rules, prohibitions on treatment or punishment that they tend to deem humiliating and degrading human dignity And however the laws established in Islamic criminal law are backed by the social and political of the Islamic community at the time, which is also a response to its needs and interests.
GRATIFIKASI KEPADA PEJABAT DALAM TINJAUAN PERSPEKTIF HUKUM ISLAM Rasyidin, Rasyidin
LEGALITE Vol 1 No 2 (2016): Volume I No. 02 Tahun 2016
Publisher : IAIN Langsa

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Abstract

In Islam, (Gratification) gift is considered as one way to bring closer brotherhood or friendship. For the person who gives and receives the gift, It is advisable to accept it even if the prize is seemingly despicable and useless. . However, Islam also gives certain signs in the matter of prizes, both with respect to the giver of the gift and the recipient. The bribes are very dangerous for people's lives because they damage the various orders of the existing system in society and cause carelessness and mistakes in the law so that the law can be played with money. Bribing in legal matters is giving something , Either in the form of money or other to the legal officer in order to be free from legal threats or get a light sentence. Such acts are strictly prohibited in Islam and agreed upon by scholars as haram. The property received from the bribe is classified in the treasures obtained through the vanity road. So to keep the benefit of our people avoid the things that we do not want let we realize in accordance with government circular No: SE-02/BL/2010 concerning the prohibition of giving rewards/rewards to (Judges) officials/officials of Bapempam-LK.
REORIENTASI KEDUDUKAN QANUN NO. 6 TAHUN 2014 TENTANG HUKUM JINAYAH DALAM KAITANNYA DENGAN KONSEP HAK ASASI MANUSIA MENURUT HUKUM ISLAM DAN BARAT Ferizal, Indis
LEGALITE Vol 1 No 2 (2016): Volume I No. 02 Tahun 2016
Publisher : IAIN Langsa

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Abstract

The existence of Qanun Jinayat No. 6 Year 2014 in Aceh as a form of special autonomy related to the concept of international human rights should adapt to International Human Rights implementation, because Aceh?s Qanun Jinayat belongs to the legal order of Indonesia even though it applies spesifically and it  must adjust with National law enforcement, and Indonesia is one of  the state in the world that agrees to The International Human Rights law implementation.
PERSPEKTIF FETHULLAH GṺLEN TENTANG DIALOG DAN TOLERANSI SEBAGAI RESOLUSI KONFLIK Setiadi, Ozi
LEGALITE Vol 1 No 2 (2016): Volume I No. 02 Tahun 2016
Publisher : IAIN Langsa

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Abstract

Conflict can not be avoided if there is no any understanding and mutual understanding of a problem. It causes the appearance of  a variety of theories dictated by scholars  relates to some efforts that must be carried out by socities in order to resolve the conflict. This writing describes how Fethullah Gulen's perspective as a peace loving-person in developing dialogue and tolerance as a conflict resolution. Gulen argues that dialogue and tolerance are two sides of inseperable coin. Dialogue becomes a media that bridges the cooperation of civilization, brotherhood and mutual understanding between each other, and appreciate the values ??that are believed together. Dialogue shows non-exclusive moderation form and open to the opinions of various circles. While tolerance becomes a very important media when a dialog can not reach an agreement or understanding, it will be the best way. It happens because the tolerance is  a way to refrain from a conflict. Even though the presence of dialogue and tolerance are essential to creating peace, it also has particular obstacles to Muslims. According to G?len, the obstacles are the Muslims? disagreement with Islam nowdays, and the historical collective memory of non-Muslim and Christians about the bloody tragedy befell them for the treatment of Muslims.
DIYAT SSEBAGAI PENGGANTI QISHAS PADA JARIMAH PEMBUNUHAN SEBAB PEMAAFAN ihsan, muhammad
LEGALITE Vol 1 No 2 (2016): Volume I No. 02 Tahun 2016
Publisher : IAIN Langsa

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Abstract

The punishment for the perpetrator of murder is not always required qishas, but it can be done with the payment of Diyat in exchange for the Qishas punishment, in some provisions even the victims?s heir is given the right to choose between Qishas or aplogize. Giving forgiveness is the closest heir of the victim such as husband / wife, father, mother, and child (male / female), and also brothers (male / female), uncle, aunt. The consideration of  forgiveness is the motivation to gain rewards, alms, penance, the way to taqwa, forgiveness is one of God's commands. The Apology is filed by the murderer himself or his family, it is asked to the guardian of the murder victim. If the family?s victim decides to apologize the murderer, the offender must pay Diyat in accordance with Islamic Law provision.
Perlindungan Hukum Bagi Korban Pemerkosaan dalam Qanun Aceh No. 6 Tahun 2014 Tentang Hukum Jinayat di Mahkamah Syar'iyyah Kota Langsa Azwir, Zulkarnain dan
LEGALITE Vol 2 No I (2017): JURNAL HUKUM PIDANA ISLAM
Publisher : IAIN Langsa

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Abstract

Islam regulates legal protection for rape victims in the form of indemnity (as-shadaq) charged by the perpetrator of the dowry of mitsil. In the Criminal Code the legal protection in the form of restitution given to the victims is charged to the perpetrators who do not exceed the limits of his ability, but the country that compensates by considering the ability of the State. In Qanun Aceh No.6 regarding legal protection of victims in the form of restitution listed in Article 58 at most of 400 grams of pure gold, but in practice the mechanism of the procedure of restitution has not been sent to the Syar'iyah court of Langsa, and for compensation and rehabilitation funds, neither the State, the province nor the regions provide funding for such purposes. And for the psychological impact of the rape victim in the Syar'iyah court of Langsa the victim is traumatized, and if the victim recalls the rape she experienced, she often fainted, hit everything with her hand and dangled her head on the wall.
DILEMATIKA TUMPANG TINDIH DEFINISI DALAM QANUN NO. 6 TAHUN 2014 TENTANG QANUN JINAYAT Dahlan, Teuku
LEGALITE Vol 1 No 1 (2016): Volume I No. 01 Tahun 2016
Publisher : IAIN Langsa

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Abstract

The Aceh government has conducted contemporary ijtihad in defining khalwat and ikhtilath. There is a khalwat and ikhtilath in the hadith of the Prophet, but the meaning of both is limited to two acts that should be shunned and avoided. Ijtihad conducted by the Aceh government seems to want to realize the meaning of khalwat and ikhtilath that can prevent the people of Aceh to commit adultery. Because khalwat and ikhtilath both are ta'zir, both prazine actions that allow for adultery, Both done by two people of different sexes. Both done by two people who do not have mahram bonds, both can occur in open, closed and hidden places. (But khalwat in open places can not be punished). Then the researchers unite the mention of the finger into the experiment of intercourse and redefined as "The act of being in the open or closed between two or more people of different sex not mahram and without marital bond that leads to Adultery without coercion from another party.
KONFLIK ANTAR UMAT TERHADAP KEYAKINAN BERGAMA DI INDONESIA Nazaruddin, Muhammad
LEGALITE Vol 1 No 1 (2016): Volume I No. 01 Tahun 2016
Publisher : IAIN Langsa

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Abstract

Religion is a kind of social system created by its adherents who process on the non empirical powers it believes and empowers to achieve their salvation. Every religion always carries a mission of peace and harmony of life, not just between people, But also among fellow creatures of God. But in the historical level the religious mission is not always articulate. Besides as a social unifier tool, religion becomes an element of conflict that can give to loss of life and property. Conflict is a squabble; Disagreements; Contradiction. If this word is combined with social terms it becomes a disagreement between members of society who are comprehensive in life. According to conflict theory, society is a state of continuous conflict between groups and classes and tends towards disputes, tensions, and changes. The conflict between Muslims and Christians if analyzed further, is not entirely due to the different conceptions between the two adherents. Political, social, economic, and so on are often detached from observation, so religion is used as a means of legitimizing the aggressive and radical attitudes of the group to one another.
PENERAPAN ASAS OPORTUNITAS DALAM HUKUM PIDANA DI INDONESIA DITINJAU DARI HUKUM ISLAM salinah, Salinah
LEGALITE Vol 1 No 1 (2016): Volume I No. 01 Tahun 2016
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Abstract

Law enforced one of them is to meet the sense of justice. Everyone is equal before the law. In the criminal procedure law we recognize several principles which one of them is the principle of opportunity. The principle of self-participation is not actually mentioned in the Criminal Procedure Code but is implied. Whereas if we look back at previous criminal cases, the principle of opportunism is real applied to some people who are considered influential in this country. Whereas whoever he is he does not have impunity, just like ordinary people. However, there are other considerations in enacting this principle. Which of these considerations is the Attorney-General's authority. Furthermore, if we look from the view of Islamic law, we clearly know that whoever it is, it is equal before God and His law.

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