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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 200 Documents
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Copyright Infringement Crime in Islamic Criminal Law Muhammad Alwin Abdillah; Nairazi; Lina Agustina
Legalite : Jurnal Perundang Undangan dan Hukum Pidana Islam Vol 7 No 2 (2022): Legalite: Jurnal Perundang Undangan dan Hukum Pidana Islam
Publisher : IAIN Langsa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32505/legalite.v7i2.5368

Abstract

This research tells about the Crime of Copyright Infringement in Islamic Criminal Law. Copyright in contemporary Islamic scholarship is known as haq Al-ibtikar. From the word there are two sets of words namely had and al-ibtikar. The definition of had is a specialty owned by a person or group of people over something. While in etymology al-ibtikar comes from Arabic in the form of isim mashdar, al-ibtikar itself means to create. Islam recognizes intellectual property rights and protects them from the hands of destroyers and robbers. Whoever robs it is obliged to pay compensation. Intellectual property rights in Islam are classified as property. Therefore, stealing someone's intellectual property rights applies to the law of theft. Islam forbids theft in its various types and is obliged to return the stolen goods. Not only that, Islam also imposes hadd punishment for perpetrators of sariqah (theft) and ta'zir punishment for perpetrators of ghasb (mugging). This is one of the clear proofs that Islam is very protective and safeguards one's property.
Sejarah Administrasi Pidana Islam dan Relevensinya Terhadap Penanggulangan Perkara di Aceh Said Amirulkamar; Sufrizal; M. Anzaikhan
Legalite : Jurnal Perundang Undangan dan Hukum Pidana Islam Vol 7 No 2 (2022): Legalite: Jurnal Perundang Undangan dan Hukum Pidana Islam
Publisher : IAIN Langsa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32505/legalite.v7i2.5377

Abstract

As a perfect religion, the teachings of Islam clearly regulate various aspects of human life. Law enforcement and justice are a part of life that is also regulated and received attention in Islamic teachings. This includes the issue of criminal law regulated through Al-Ahkam al-Jinayah (Islamic criminal law). Speaking of Islamic Criminal Law, it is closely related to administrative affairs, for example when there are criminal cases, it requires recording, disposition, and lowering the articles against the sanctions that will be imposed. Everything goes through an administrative process that is vital in determining the outcome of the case. Departing from the above facts, this research seeks to find a correlation between the history of Islamic criminal administration and the implementation in modern-day Aceh. This research is included in the literature study with a qualitative approach, the methodology used is a descriptive analysis study. The results of the study concluded that the administration of Islamic criminal cases in Aceh is each very connected with the administrative values of the Rsulullah and Sahabat period, as for the reason because Aceh has Qanun Jinayat which makes it not rigid to positive law (General Criminal).
Implementasi Jarimah Zina Di Aceh Dalam Perspektif Hadis Syarifah Mudrika
Legalite : Jurnal Perundang Undangan dan Hukum Pidana Islam Vol 8 No 1 (2023): Legalite: Jurnal Perundang Undangan dan Hukum Pidana Islam
Publisher : IAIN Langsa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32505/legalite.v8i1.5918

Abstract

As a region that strives for the formal and material form of Islamic law, it is only natural that Aceh formulates a special regulation to replace the law called Qanun Aceh. The Aceh Qanun that specifically discusses the implementation of zina is Aceh Qanun No.6 of 2014 concerning Jinayat Law. Supposedly, as the Islamic Sharia area of Qanun Aceh related to zina in accordance with the hadiths of shoheh, in fact there are still hadith instructions that are not contained in the Aceh Qanun even though it is important to implement. This article is classified as literature research with a qualitative approach. The methodology used is a descriptive analysis study. The results of the study concluded that the implementation of jarimahh zina in Aceh that has not been in accordance with the hadith orders is stoning sanctions for muhsan adulterers, and exile sanctions for ghairu muhsan adulterers.
Perlindungan Hukum Pekerja Rumah Tangga Dalam Undang- Undang Nomor 13 Tahun 2003 Tentang Ketenagakerjaan Muzakkir
Legalite : Jurnal Perundang Undangan dan Hukum Pidana Islam Vol 8 No 1 (2023): Legalite: Jurnal Perundang Undangan dan Hukum Pidana Islam
Publisher : IAIN Langsa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32505/legalite.v8i1.5913

Abstract

One of the principles in the State of Law, the protection of human rights. Everyone needs work to meet the needs of their lives to be more prosperous, work is a demand that must be met by everyone in maintaining their lives. To date, there is no specific legal umbrella in providing protection for domestic workers. Legal protection for domestic workers can only be implemented if there is a clear legal basis to apply to domestic workers and make them workers in the juridical sense. This article is classified as literature research with a qualitative approach. The methodology used is the study of normative legal studies. The results of the study concluded that the purpose of legal protection as stated in Article 4 of Law Number 13 of 2003 concerning Manpower is to provide protection to workers in realizing welfare and improving the welfare of workers and their families. Legal certainty is a judicial protection against arbitrary actions which means that a person will be able to obtain something expected under certain circumstances.
Analisis Putusan Nomor. 6/Pid.Sus-Anak/2018/PT Jmb Tentang Sanksi Pidana Terhadap Tindak Pidana Aborsi Perspektif Hukum Positif dan Hukum Islam Irfan Harmain; Ilham Abdi Prawira; Rizki Zulpadli
Legalite : Jurnal Perundang Undangan dan Hukum Pidana Islam Vol 8 No 1 (2023): Legalite: Jurnal Perundang Undangan dan Hukum Pidana Islam
Publisher : IAIN Langsa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32505/legalite.v8i1.5109

Abstract

The rise of abortion often results in pros and cons to the application of sanctions, while the judge's consideration is also determined by the basis or element of the abortion action. This study aims to find out how the application of criminal sanctions to the criminal act of abortion. Then review whether the judge's consideration of the decision case Number: 6 / Pid.Sus-Anak / 2018 / PT. Jmb is based on the principle of justice, the principle of legal certainty and the principle of legal expediency. This research uses normative legal research methods. This study uses primary and secondary sources of legal materials. The techniques used in collecting research data are interviews, observations and documentation. Meanwhile, data analysis from this study was carried out based on descriptive analysis, where data analysis consists of data reduction, data presentation, and drawing conclusions. Based on the results of the study, it can be concluded that the application of criminal sanctions for the criminal act of abortion in the decision of case Number: 6 / Pid.Sus-Anak / 2018 / PT. Jmb is in accordance with applicable regulations, namely based on article 48 of the Criminal Code Jo. article 75 paragraph 2 of Law number 36 of 2009 That the judge in deciding the case has applied / considered the principles of justice, certainty, and legal expediency for the defendant in accordance with the facts of the field.
Penjatuhan Hukuman Cambuk Terhadap Pelaku Pelecehan Seksual Terhadap Anak Muslim Zainuddin
Legalite : Jurnal Perundang Undangan dan Hukum Pidana Islam Vol 8 No 1 (2023): Legalite: Jurnal Perundang Undangan dan Hukum Pidana Islam
Publisher : IAIN Langsa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32505/legalite.v8i1.5960

Abstract

Decision Number 6/JN/2023/MS.Lsk sentenced perpetrators of sexual abuse of children to be whipped 35 times. This sentence is different from the Supreme Court Circular and the Attorney General Circular which require prison sentences for perpetrators if the victim is a child in cases of sexual abuse and rape. The research aims to analyze why the panel of judges sentenced them to caning and how to protect children. The research method used is normative juridical research method. The primary legal material is in the form of decision Number 6/JN/2023/MS.Lsk, Jinayat Law Qanun and Jinayat Procedural Law Qanun. Data analysis was carried out qualitatively by providing an interpretation of primary legal materials and secondary legal materials. The results of the study show that the imposition of caning punishment on perpetrators of sexual harassment whose victims are children has not been in favor of child protection. The imposition of caning was in accordance with the QHJ and QHAJ, because the judge was given the authority to impose a sentence according to the prosecutor's demands or differently. However, this does not pay attention to SEMA Number 10 of 2020 which wants prison sentences for perpetrators of sexual abuse of children.
Aspek Pidana Dalam Hukum Keluarga Dan Penyelesaiannya Pada Lembaga Hukum Di Indonesia Zulham Wahyudani; Oyo S. Mukhlas; Atang Abdul Hakim
Legalite : Jurnal Perundang Undangan dan Hukum Pidana Islam Vol 8 No 1 (2023): Legalite: Jurnal Perundang Undangan dan Hukum Pidana Islam
Publisher : IAIN Langsa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32505/legalite.v8i1.6197

Abstract

Referring to Muslim countries outside Indonesia, several progressive legal regulations are obtained, because they display the jināyat (Penal Code) of their marriage law. Social facts in Indonesia identify the criminal aspects related to violations in marriage, such as unrecorded marriages, illegal polygamy, interfaith marriages, divorce, infidelity, domestic violence, or fraud. It has caused enormous legal and social problems, especially those related to the protection of women and children right. The purpose of this study is to analyze the criminal aspects reasoning in family law and its settlement in legal institutions in Indonesia. This research was conducted based on literature study by collecting data and theoretical foundations related to aspects of criminal acts in marriage law. The results showed that, firstly, the criminal aspects of family law in Indonesia are included in the Penal Code (KUHP) Article 279, which includes violations of law or criminal aspects of marriage law that harm other people. Secondly, the settlement of criminal aspects in family law in legal institutions in Indonesia is the expansion of several religious courts authority. For Instance, the authority of the Syar'iyah Court in Aceh is an inevitability. Considering that everything that is regulated under the religious courts authority, both concerning marriage, inheritance, waqf, zakat, to the issue of shari'ah economics, all of which are that has been attached to Muslim society.
Problematika Substansi Hukum Dalam Penegakan Hukum Pemilu Sholihin, Misbakhus; Wibawa, Iskandar
Legalite : Jurnal Perundang Undangan dan Hukum Pidana Islam Vol 8 No 2 (2023): Legalite: Jurnal Perundang Undangan dan Hukum Pidana Islam
Publisher : IAIN Langsa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32505/legalite.v8i2.6890

Abstract

Election law enforcement is enforcing electoral justice through legal compliance. Law Number 7 of 2017 concerning General Elections, has been present as an election law regulation with Gakkumdu as an election criminal enforcer, but there are still problems in its implementation. The purpose of this study was to determine how the Law enforcement mechanism for the use of government facilities in Jepara Regency and the obstacles in terms of the legal substance of handling violations of the use of government facilities in Gakkumdu Jepara. The research method uses empirical juridical which emphasizes research in the field. The research site was Bawaslu Jepara. Interviews and distribution of questionnaires are data collection techniques. Data analysis techniques using qualitative data analysis techniques. The results showed that the law enforcement mechanism for the use of government facilities in Jepara regency used the election law and technical regulations of the general election supervisory board regulations. There is an obstacle factor in terms of substance lies in proving that the executor and campaign team must be registered with the KPU while the facts in the field are not registered and the handling period is at least 14 days.
Penerapan Sanksi Tambahan terhadap Pengguna Knalpot Non-Standar dalam Undang-Undang Lalu Lintas Abdul Majid, Luky; Guntara, Deny; Abas, Muhamad
Legalite : Jurnal Perundang Undangan dan Hukum Pidana Islam Vol 8 No 2 (2023): Legalite: Jurnal Perundang Undangan dan Hukum Pidana Islam
Publisher : IAIN Langsa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32505/legalite.v8i2.6449

Abstract

This study analyzes the implementation of additional sanctions for users of non-standard mufflers in accordance with Law Number 22 of 2009 concerning Traffic and Road Transportation. The use of noisy racing mufflers is considered a criminal offense, but the existing sanctions are deemed ineffective. The research adopts a normative juridical approach with a legislative perspective. The findings reveal that additional sanctions that can be imposed on users of noisy mufflers include bringing the muffler closer to the user's ears or engaging in specific sports activities. Factors influencing the effectiveness of law enforcement encompass regulations, law enforcement agencies, infrastructure, society, and culture.
Pertanggungjawaban Pidana Terhadap Pelanggaran Standar Operasional Prosedur Pada Proses Penangkapan fathanah, Putri; Sukmareni; Fitri Z, Yenny
Legalite : Jurnal Perundang Undangan dan Hukum Pidana Islam Vol 8 No 2 (2023): Legalite: Jurnal Perundang Undangan dan Hukum Pidana Islam
Publisher : IAIN Langsa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32505/legalite.v8i2.6848

Abstract

In carrying out the task of arresting the existence of standard operating procedures, with the existence of standard operating procedures, it can build a methodical, deliberate, measurable, and representable framework according to the legal basis that guides it. In its implementation, there are many violations regarding standard operating procedures. One example is in the case of arrests that do not meet the standard procedures, and if the standard operating procedures are violated, then of course there is accountability that must be carried out. The results of this study aim to determine what forms of violations of standard operating procedures result in death in the arrest process and liability for violations of standard operating procedures that result in death in the arrest process by the police based on the study of decision number 91/Pid.B/2021/PN.Koto baru. The method used is normative jurisprudence, which is legal research aimed at written regulations. This regulation is closely related to the library because it requires secondary material from the library. Based on the results of the research, it can be concluded that the defendant did not comply with the procedures in accordance with what has been regulated in the law and Perkapolri. And in terms of criminal responsibility regarding the verdict handed down by the judge to the defendant, it is in accordance with Article 354 paragraphs (1) and (2) of the Criminal Code on serious maltreatment charged to the defendant and in accordance with the applicable elements.

Page 12 of 20 | Total Record : 200

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