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<![CDATA[TINDAK PIDANA JUDI DALAM QANUN ACEH NOMOR 6 TAHUN 2014 TENTANG HUKUM JINAYAT ]]>
<![CDATA[Azharuddin]]>
<![CDATA[ LEGALITE Vol 4 No No. I (2019): Legalite ]]>
Publisher : <![CDATA[IAIN Langsa ]]>
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DOI: 10.32505/legalite.v4iI.1304
<![CDATA[Gambling is a criminal offense in positive law in Indonesia, the regulation of gambling offenses is not only found in the Criminal Code as the parent of Indonesian criminal law, but also in other regulations. Aceh, which has been given a mandate to implement Islamic sharia, has also regulated the problem of gambling in the form of a qanun (Perda), a matter raised regarding gambling rules in a qanun that limits the gambling crime by betting or a minimum profit value of 2 grams of pure gold. Gambling criminal rules contained in the qanun as if to provide opportunities for the public to make bets in each game with a value of bets and profits below 2 grams of gold, even more so in today's era of sophisticated, where gambling promotions occur in everywhere and offer low stakes and can be accessed by anyone. Therefore, the gambling regulations in the Aceh qanun should explain more about betting and the value of profits below 2 grams of pure gold, so that gambling practices in Aceh can be eliminated in the future.]]>
<![CDATA[MENYOAL SIKAPKEJAHATAN DI INDONESIA DI ERA INDUSTRI 4.0 ]]>
<![CDATA[Supratman, Andi]]>
<![CDATA[ LEGALITE Vol 4 No No. I (2019): Legalite ]]>
Publisher : <![CDATA[IAIN Langsa ]]>
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DOI: 10.32505/legalite.v4iNo. I.1306
<![CDATA[In the industrial era 4.0 was a new chapter in the 21st century. This period was marked by openness and freedom in various fields of life. In the industrial era 4.0 is a century full of hope, laden with positive opportunities that can be exploited for a variety of human life, also laden with negative challenges because there has been a shift in values (social deviations) which at some level transformed into a form of crime. Crimes which is endemic in developing countries like Indonesia is certainly not the same as in developed countries. In addition, the potential for crime is caused by stretching industry 4.0. Thus, the need for special therapy / fomula to minimize the crime that will occur in the future.]]>
<![CDATA[HUKUM MENJATUHKAN THALAQ MELALUI TULISAN MENURUT PENDAPAT IBN HAZM ]]>
<![CDATA[Razeki, Geubrina]]>
<![CDATA[ LEGALITE Vol 4 No No. I (2019): Legalite ]]>
Publisher : <![CDATA[IAIN Langsa ]]>
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DOI: 10.32505/legalite.v4iNo. I.1308
<![CDATA[Basically, thalaq is the husband's right. This means, only the husband has the right to drop thalaq. The fall of thalaq can occur if the husband says lafaz thalaq to his wife both clearly and vaguely (kinayah). But the problem that arises is if the husband does not drop thalaq orally or pronounced, but through writing, then the wife reads it. The law dropped thalaq through writing according to the four schools of law is falling thalaq if the husband intends it. But in this case Ibn Hazm who is a prominent Islamic figure argues that thalaq dropped by writing is not considered to fall thalaq. Legal dropped thalaq through writing according to Ibn Hazm is not considered falling thalaq because according to Ibn Hazm dropping thalaq through writing is an act that is not based on any source of law, especially al-Qur'an and Hadith, because there is no word of Allah or the Hadith of the Apostle clearly and expressly mention about the law of dropping thalaq through writing. Ibn Hazm based his opinion on the Qur'an al-Baqarah verse 229. The legal line contained in the al-Baqarah letter is about thalaq, namely thalaq in general. And there is no specific explanation about the procedure of dropping thalaq, especially there is no dhahir nash which states that dropping thalaq can be done through writing. And in the Koran and in the Hadith also it is not clear about other possibilities referred to from the end of the verse in addition to the common way taken, namely by reciting thalaq. And the verse says that if a husband wants to divorce his wife, let it be in a good way. By Ibn Hazm, who is dhahir nash istinbath, that a good way to reward a wife is to recite it directly in front of his wife, not menthalaq in other ways such as through writing.]]>
<![CDATA[UPAYA PENINGKATAN KINERJA APARATUR PEMERINTAH YANG PROFESIONAL DALAM MENUJU GOOD GOVERNANCE ]]>
<![CDATA[Rusli]]>
<![CDATA[ LEGALITE Vol 4 No No. I (2019): Legalite ]]>
Publisher : <![CDATA[IAIN Langsa ]]>
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DOI: 10.32505/legalite.v4iNo. I.1310
<![CDATA[Many parties talk about bureaucracy good governance, especially for developing countries that are working hard to carry out development in various sectors of people's lives. Many views and opinions were raised to create good public governance. Of course these efforts are not easy to implement as well as building a physical facility, a building for example, which can be estimated with certainty of the materials and the completion of the building. The construction of state administration cannot be built as easily and quickly as the construction of the building. Even in the current era of globalization, the state administration system is also related and influenced by international developments through the Asia Pacific Economic Cooperation (APEC) and World Trade Organization (WTO) forums. Commitment to include and provide opportunities for the community to participate in development. This is important, because without this commitment, what arises is not community participation but antipathy and dislike in the behavior and wisdom of the government apparatus. At the same time, in the government apparatus or bureaucracy will grow slowly but surely domineering attitudes, perceptions or feelings most know, most can, which ultimately lead to arrogance of government bureaucracy. The state administration system or government bureaucracy is an open system. Therefore the problems, although they should not, which exist within the bureaucracy cannot be separated from the influence of other systems outside the government bureaucracy. The role and function of the government apparatus must be returned as state servants and public servants, who have always been forgotten. As state servants and public servants, the government apparatus must be responsive, proactive and prioritize the interests of many people and not serve personal interests, groups, ruling parties, or parties that become their idols.]]>
<![CDATA[PEMBAYARAN GANTI RUGI BAGI KORBAN JARIMAH JINAYAT MENURUT PERSPEKTIF PRAKTISI HUKUM KOTA LANGSA ]]>
<![CDATA[AZ, Nairazi]]>
<![CDATA[ LEGALITE Vol 4 No No. I (2019): Legalite ]]>
Publisher : <![CDATA[IAIN Langsa ]]>
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DOI: 10.32505/legalite.v4iNo. I.1311
<![CDATA[Providing compensation to victims should not be subject to administrative requirements, and baitul mall distributes based on decisions made by judges. In the case of diyat, both murder and rape are the authority of the victim and not the judge. In the Criminal Code, criminal offenses are regulated regarding compensation, but the amount of compensation received by victims is only a maximum of Rp. 2,500,000. The form of fines paid by the perpetrators should no longer go into the state treasury, but the fines are given to victims. As for the rape that was tried by the Langsa City Syar'iyah Court, it occurred in 2016. And in the victim's claim set forth by the Public Prosecutor, there were no claims made in the file regarding the matter of compensation, and the judge could not have decided on a cases that have no claim, because it can be said to be ultra petita. As for the implementation of ta'zir uqubat payment in Baitul Mal Qanun No. 10 of 2018, technical payments are made by opening a special regional account to receive the ta'zir funds. However, until now, the Langsa City Government has not instructed the Baitul Mal to open the account, because the Technical Guidelines on this matter have not been regulated in detail either through Pergub or Perwal.]]>
<![CDATA[TINDAK PIDANA JUDI DALAM QANUN ACEH NOMOR 6 TAHUN 2014 TENTANG HUKUM JINAYAT ]]>
<![CDATA[Azharuddin]]>
<![CDATA[ Legalite : Jurnal Perundang Undangan dan Hukum Pidana Islam Vol 4 No No. I (2019): Legalite ]]>
Publisher : <![CDATA[IAIN Langsa ]]>
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DOI: 10.32505/legalite.v4iNo. I.1304
<![CDATA[Gambling is a criminal offense in positive law in Indonesia, the regulation of gambling offenses is not only found in the Criminal Code as the parent of Indonesian criminal law, but also in other regulations. Aceh, which has been given a mandate to implement Islamic sharia, has also regulated the problem of gambling in the form of a qanun (Perda), a matter raised regarding gambling rules in a qanun that limits the gambling crime by betting or a minimum profit value of 2 grams of pure gold. Gambling criminal rules contained in the qanun as if to provide opportunities for the public to make bets in each game with a value of bets and profits below 2 grams of gold, even more so in today's era of sophisticated, where gambling promotions occur in everywhere and offer low stakes and can be accessed by anyone. Therefore, the gambling regulations in the Aceh qanun should explain more about betting and the value of profits below 2 grams of pure gold, so that gambling practices in Aceh can be eliminated in the future.]]>
<![CDATA[MENYOAL SIKAPKEJAHATAN DI INDONESIA DI ERA INDUSTRI 4.0 ]]>
<![CDATA[Andi Supratman]]>
<![CDATA[ Legalite : Jurnal Perundang Undangan dan Hukum Pidana Islam Vol 4 No No. I (2019): Legalite ]]>
Publisher : <![CDATA[IAIN Langsa ]]>
Show Abstract
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Download Original
|
Original Source
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Check in Google Scholar
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DOI: 10.32505/legalite.v4iNo. I.1306
<![CDATA[In the industrial era 4.0 was a new chapter in the 21st century. This period was marked by openness and freedom in various fields of life. In the industrial era 4.0 is a century full of hope, laden with positive opportunities that can be exploited for a variety of human life, also laden with negative challenges because there has been a shift in values (social deviations) which at some level transformed into a form of crime. Crimes which is endemic in developing countries like Indonesia is certainly not the same as in developed countries. In addition, the potential for crime is caused by stretching industry 4.0. Thus, the need for special therapy / fomula to minimize the crime that will occur in the future.]]>
<![CDATA[HUKUM MENJATUHKAN THALAQ MELALUI TULISAN MENURUT PENDAPAT IBN HAZM ]]>
<![CDATA[Geubrina Razeki]]>
<![CDATA[ Legalite : Jurnal Perundang Undangan dan Hukum Pidana Islam Vol 4 No No. I (2019): Legalite ]]>
Publisher : <![CDATA[IAIN Langsa ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
DOI: 10.32505/legalite.v4iNo. I.1308
<![CDATA[Basically, thalaq is the husband's right. This means, only the husband has the right to drop thalaq. The fall of thalaq can occur if the husband says lafaz thalaq to his wife both clearly and vaguely (kinayah). But the problem that arises is if the husband does not drop thalaq orally or pronounced, but through writing, then the wife reads it. The law dropped thalaq through writing according to the four schools of law is falling thalaq if the husband intends it. But in this case Ibn Hazm who is a prominent Islamic figure argues that thalaq dropped by writing is not considered to fall thalaq. Legal dropped thalaq through writing according to Ibn Hazm is not considered falling thalaq because according to Ibn Hazm dropping thalaq through writing is an act that is not based on any source of law, especially al-Qur'an and Hadith, because there is no word of Allah or the Hadith of the Apostle clearly and expressly mention about the law of dropping thalaq through writing. Ibn Hazm based his opinion on the Qur'an al-Baqarah verse 229. The legal line contained in the al-Baqarah letter is about thalaq, namely thalaq in general. And there is no specific explanation about the procedure of dropping thalaq, especially there is no dhahir nash which states that dropping thalaq can be done through writing. And in the Koran and in the Hadith also it is not clear about other possibilities referred to from the end of the verse in addition to the common way taken, namely by reciting thalaq. And the verse says that if a husband wants to divorce his wife, let it be in a good way. By Ibn Hazm, who is dhahir nash istinbath, that a good way to reward a wife is to recite it directly in front of his wife, not menthalaq in other ways such as through writing.]]>
<![CDATA[UPAYA PENINGKATAN KINERJA APARATUR PEMERINTAH YANG PROFESIONAL DALAM MENUJU GOOD GOVERNANCE ]]>
<![CDATA[Rusli]]>
<![CDATA[ Legalite : Jurnal Perundang Undangan dan Hukum Pidana Islam Vol 4 No No. I (2019): Legalite ]]>
Publisher : <![CDATA[IAIN Langsa ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
DOI: 10.32505/legalite.v4iNo. I.1310
<![CDATA[Many parties talk about bureaucracy good governance, especially for developing countries that are working hard to carry out development in various sectors of people's lives. Many views and opinions were raised to create good public governance. Of course these efforts are not easy to implement as well as building a physical facility, a building for example, which can be estimated with certainty of the materials and the completion of the building. The construction of state administration cannot be built as easily and quickly as the construction of the building. Even in the current era of globalization, the state administration system is also related and influenced by international developments through the Asia Pacific Economic Cooperation (APEC) and World Trade Organization (WTO) forums. Commitment to include and provide opportunities for the community to participate in development. This is important, because without this commitment, what arises is not community participation but antipathy and dislike in the behavior and wisdom of the government apparatus. At the same time, in the government apparatus or bureaucracy will grow slowly but surely domineering attitudes, perceptions or feelings most know, most can, which ultimately lead to arrogance of government bureaucracy. The state administration system or government bureaucracy is an open system. Therefore the problems, although they should not, which exist within the bureaucracy cannot be separated from the influence of other systems outside the government bureaucracy. The role and function of the government apparatus must be returned as state servants and public servants, who have always been forgotten. As state servants and public servants, the government apparatus must be responsive, proactive and prioritize the interests of many people and not serve personal interests, groups, ruling parties, or parties that become their idols.]]>
<![CDATA[PEMBAYARAN GANTI RUGI BAGI KORBAN JARIMAH JINAYAT MENURUT PERSPEKTIF PRAKTISI HUKUM KOTA LANGSA ]]>
<![CDATA[Nairazi AZ]]>
<![CDATA[ Legalite : Jurnal Perundang Undangan dan Hukum Pidana Islam Vol 4 No No. I (2019): Legalite ]]>
Publisher : <![CDATA[IAIN Langsa ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
DOI: 10.32505/legalite.v4iNo. I.1311
<![CDATA[Providing compensation to victims should not be subject to administrative requirements, and baitul mall distributes based on decisions made by judges. In the case of diyat, both murder and rape are the authority of the victim and not the judge. In the Criminal Code, criminal offenses are regulated regarding compensation, but the amount of compensation received by victims is only a maximum of Rp. 2,500,000. The form of fines paid by the perpetrators should no longer go into the state treasury, but the fines are given to victims. As for the rape that was tried by the Langsa City Syar'iyah Court, it occurred in 2016. And in the victim's claim set forth by the Public Prosecutor, there were no claims made in the file regarding the matter of compensation, and the judge could not have decided on a cases that have no claim, because it can be said to be ultra petita. As for the implementation of ta'zir uqubat payment in Baitul Mal Qanun No. 10 of 2018, technical payments are made by opening a special regional account to receive the ta'zir funds. However, until now, the Langsa City Government has not instructed the Baitul Mal to open the account, because the Technical Guidelines on this matter have not been regulated in detail either through Pergub or Perwal.]]>
