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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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Efektifitas Penanganan Kecelakaan Lalu Lintas Melalui Restorative Justice di Polres Baubau Mustafa, La Ode Ali; Samaluddin, Samaluddin; Done, Hardi
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.v8i2.7600

Abstract

This study aims to determine the role of traffic police in handling traffic accident cases through RJ at Baubau Police Station. This research was conducted at Satlantas Polres Baubau. The method used in this research is empirical legal research with data collection through document study and interviews. Sampling was done non randomly with a purposive sampling technique. The data was analyzed using qualitative analysis. The results showed that the settlement of accident cases through restorative justice in 2021–2022 was 306 cases. The obstacles to settlement carried out through Alternative Dispute Resolution (ADR) are carried out by bringing together the victim and the perpetrator. After being brought together, mediation is carried out, which ends with a peace agreement. With a peace agreement. And through Restorative Justice, the restorative justice approach is an option given by the police to the parties involved in a criminal offense. police to the parties involved in a criminal offense. Traffic accident cases can be resolved in a restorative justice process, which is a family settlement to produce a win-win solution for both parties without having to go through the legal process.
Legal Sanctions for Notaries Violating the Code of Ethics in Making Deeds in Indonesia N Saly, Jeane; Eka Putri, Amanda Fitriani; Mariana Sitorus, Lena; Michellena, Michellena; Syamila, Najma; Ayu Puspita, Salsabillah
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.v8i2.7757

Abstract

The authority of notaries in Indonesia is regulated by Law Number 2 of 2014 concerning Notary Positions (UUJN). UUJN was established to ensure that notaries carry out their professional duties by providing legal protection and certainty to the public. However, the implementation of this law has not been optimal, leading to violations that contradict its provisions. In the year 2022, 67 notaries were suspected of violating the code of ethics.Through normative legal research, it was identified that notarial code of ethics violations, such as failure to read out deeds or allowing others to sign deeds in the presence of their staff, have been on the rise. Therefore, there is a need for the optimization of sanctions against notaries who breach the code of ethics, both in civil and criminal aspects, in accordance with the severity of their offenses.Supervision of notaries aims to ensure compliance with existing regulations and the code of ethics. If proven guilty of violations, notaries should face sanctions commensurate with their transgressions. The Notarial Code of Ethics encompasses five levels of sanctions, ranging from warnings to dishonorable discharge from the Notary Association membership. Notaries are obligated to adhere to UUJN, the Notarial Code of Ethics, and maintain integrity and dignity in the execution of their profession.
Ratifikasi Statuta International Criminal Court Dalam Penegakan Hak Asasi Manusia di Indonesia: Perlukah? B Pongkapadang, Opniel Harsana
Legalite : Jurnal Perundang Undangan dan Hukum Pidana Islam Vol 9 No 1 (2024): 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.v9i1.8129

Abstract

The prosecution of serious human rights violations in Indonesia is complemented by special courts. These courts are ad hoc and can try cases of past serious human rights violations. By ratifying the Rome Statute, Indonesia will become a state subject to the jurisdiction of the International Criminal Court. However, this feature of subordination is not absolute, but rather complementary. The aim of this research is to determine aspects of serious human rights violations in international law as well as the effectiveness of the implementation of international criminal law in the human rights justice system in Indonesia. The research method is normative law using secondary data with a conceptual approach. The research results show that serious human rights violations in international law can take into account the objectives of international criminal law regulations as well as Indonesian criminal law regulations. These are issues that affect the interests of security, order and peace of the international community and humanity in particular. The International Court of Justice has jurisdiction limited to the most serious crimes of concern to the international community as a whole. Under the Rome Statute, the Court has jurisdiction over serious human rights violations. However, Indonesia has not yet ratified the Rome Statute, due to differing views on how it should function and differing understandings of human rights violations.
Visum Dalam Pembuktian Tindak Pidana Pencabulan Anak: Studi Putusan No.1300/Pid.Sus/2021/Pn.Lbp Ambarita, Nela; Batubara, Sonya Airini; Wijaya, Wilson; Hasibuan, Belman; Fitriani
Legalite : Jurnal Perundang Undangan dan Hukum Pidana Islam Vol 9 No 1 (2024): Legalite: Jurnal Perundang Undangan dan Hukum Pidana Islam
Publisher : IAIN Langsa

Show Abstract | Download Original | Original Source | Check in Google Scholar

Abstract

This study examines the verdict of the Lubuk Pakam District Court Case Number 1300/Pid.Sus/2021/PN.Lbp related to a sexual abuse case by the defendant Hasanuddin, who used deception and lies. The focus of the research is the role of the medical report (visum) as evidence in the Indonesian Penal Code (KUHP) and the judge's consideration of using visum in sentencing. This article is classified as a literature study with a qualitative approach. The methodology used is normative legal study. The research findings indicate that the status of the visum in sexual abuse cases is considered valid and has high evidentiary value. The judge considered the visum along with witness testimony and assessed their correlation in supporting the criminal act, resulting in Hasanuddin being found guilty in accordance with the charges brought by the Public Prosecutor.
Penyalahgunaan Data Pribadi Pada Pinjaman Online di Indonesia: Analisis Perlindungan dan Sanksi Hukum Ardana , Sofia Tio; Kornelis, Yudi
Legalite : Jurnal Perundang Undangan dan Hukum Pidana Islam Vol 9 No 1 (2024): 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.v9i1.8398

Abstract

The increasing number of cases of illegal online loans raises concerns about consumers' vulnerability to the misuse of information containing personal data by perpetrators who have no responsibility when using it. This research was prompted by the increasing incidents of misuse of personal data, which pollutes users' privacy without explicit permission, as reported by victims of illegal online loans. The objective of this research is to analyze the significance of legal protection for personal data in online loan application services, as well as to evaluate the protection and sanctions mechanisms that apply in Indonesia. The research was conducted using normative juridical methods and sourced secondary data, which was studied qualitatively. The findings are as follows: (1) Criminal provisions for fintech operating illegally in Article 32 Juncto (jo), as well as Article 48 of the Law. The 2008 and 2016 regulations do not explicitly address the sanctions that should be imposed on illegal fintech. However, Article 26 of the ITE Law and POJK no. 77/POJK.01/2016 concerning Information Technology-Based Money Lending and Borrowing Services do regulate the legal protection of personal data. 77/POJK.01/2016 concerning Information Technology-Based Money Lending and Borrowing Services; (3) Legal sanctions related to cases of misuse of personal data in accordance with Article 47 paragraph (1) of Law no. 11 of 2008.
Studi Putusan Pengadilan dalam Kasus Penganiayaan oleh Tahanan di Bawah Arahan Kepolisian: Sebuah Kajian Hukum Basyaruloh Yahya, Adrik Zulham
Legalite : Jurnal Perundang Undangan dan Hukum Pidana Islam Vol 9 No 1 (2024): 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.v9i1.8514

Abstract

The police, as an institution that should provide a sense of security to the community, are often involved in violations of the law themselves. One such case of legal violation involving members of the police occurred at the Banyumas City Police Station (Polresta Banyumas). Eleven members of Polresta Banyumas and ten detainees were involved in the criminal act of assault against a detainee in a theft case, which resulted in the detainee's death. Seven of the eleven members of Polresta Banyumas have been sanctioned for violating the code of ethics by failing to supervise the detainee, leading to the assault. Based on this, it is necessary to examine the legal consequences for detainees who commit acts of assault within the detention facility under orders from police officers. This research employs a normative juridical method, where the study is conducted by examining literature or secondary data using a case approach, a statute approach, and a conceptual approach. The results of this research explain that the defendants were merely following orders from the Banyumas City Police officers, who are the authorized authorities. Therefore, the detainees should be acquitted of all charges because they committed the assault not of their own volition but under the orders of the police officers as the authorized authorities.
Perlindungan Hukum Terhadap Pelapor Kasus Peredaran Gelap Narkotika Dalam Perspektif Hukum Islam Ramadhan Harlis, Habib; Zulkarnain
Legalite : Jurnal Perundang Undangan dan Hukum Pidana Islam Vol 9 No 1 (2024): 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.v9i1.8663

Abstract

The illicit drug trade has become a serious threat in various regions, including Medan Perjuangan District, Medan City. Legal protection for whistleblowers reporting cases of illicit drug trafficking is crucial in curbing this trade. This research aims to identify the legal protections available to whistleblowers of illicit drug trafficking cases from the perspective of both positive law and Islamic law. The focus is to understand whether the existing legal systems provide adequate protection for whistleblowers. This article falls under library research with a qualitative approach. The methodology used is a normative legal study by analyzing data related to the applicable legal regulations in Indonesia, particularly concerning the protection of whistleblowers in cases of illicit drug trafficking. The results of the study indicate that although there is a legal framework governing the protection of whistleblowers, its implementation still faces several challenges on the ground. However, certain measures have been taken to improve the effectiveness of legal protection for whistleblowers in cases of illicit drug trafficking.
Fiqh dan Negara: Dinamika Penerapan Sanksi Hukuman Zina di Aceh Nairazi, Nairazi; Akmal, Akmal; Ferizal, Indis; Manoppo, Feni Riana
Legalite : Jurnal Perundang Undangan dan Hukum Pidana Islam Vol 9 No 1 (2024): 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.v9i1.8929

Abstract

The formalization of Islamic criminal law in Aceh until now is still reaping debates, one of the debates that arises regarding the proposed stoning penalty for adultery offenders. The debate arises because the Qanun Jinayat that regulates adultery is not like what is regulated in Islamic law. This led to various arguments that the qanun was made not serious and full of ruling interests. This research departs from the important question of why the specific legal sanctions for adultery offenders in Qanun Jinayat do not differentiate between muhsan and ghairu muhsan adulterers. Doctrinal method is used in this research to see the legal aspects of adultery regulated in Qanun Jinayat, the approach used is legislation and legal politics. This paper argues that the application of stoning law for muhsan adulterers can be enforced depending on the government agreement. When viewed from a legal aspect, stoning punishment cannot be applied in Aceh, because Aceh is part of the Indonesian government which has legal norms and values in law enforcement. Stoning is a form of death penalty that involves pain for the perpetrator which is considered by human rights as torture. In the Indonesian criminal law context, the death penalty is a severe criminal legal sanction that can be applied to the perpetrator if his actions are classified as serious crimes. In Islam, the death penalty can be applied to those who take the lives of others. This shows that legally and politically, stoning is difficult to enforce in Aceh. However, stoning punishment can be enforced by being equated to castration punishment as a form of law enforcement or exiled in a remote place as a form of providing a deterrent effect for the perpetrator.
Peran DP3APM Kota Medan Terhadap Anak Korban Kekerasan Seksual; Analisis Fiqh Siyasah dan Pidana Islam Sidik, M. Nurhadi; Yamamah, Ansari
Legalite : Jurnal Perundang Undangan dan Hukum Pidana Islam Vol 9 No 1 (2024): 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.v9i1.9161

Abstract

Handling cases of sexual violence against children is a critical issue within the context of child protection and social justice. This study aims to analyze the role of the Dinas Pemberdayaan Perempuan dan Perlindungan Anak (DP3APM) of Medan City in addressing cases of sexual violence against children using an approach based on fiqh syiasah and Islamic criminal law. The study examines how DP3APM Medan implements policies and programs to protect children who are victims of sexual violence and how these policies align with the principles of fiqh syiasah and Islamic criminal law. This article is classified as field research based on qualitative methods. The methodology used includes empirical legal studies and normative legal analysis. The research findings indicate that DP3APM Medan plays a crucial role in protecting child victims of sexual violence and strives to align its policies with the principles of fiqh syiasah and Islamic criminal law. However, to enhance the effectiveness of protection and law enforcement, further efforts are needed to address existing challenges and ensure more comprehensive and Islamically aligned policy implementation.
Kritik Restorative Justice dalam Kasus Pelecehan Seksual di Pesantren: Analisis Undang-Undang No. 12 Tahun 2022 Sari Ritonga, Indah Maya; Sastra Panjaitan, Budi
Legalite : Jurnal Perundang Undangan dan Hukum Pidana Islam Vol 9 No 1 (2024): 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.v9i1.9200

Abstract

This study discusses the implementation of Restorative Justice in a case of sexual harassment at a pesantren in Langkat, highlighting the discrepancy between the ideal concept of justice and the practice that should align with Law No. 12 of 2022 concerning Sexual Violence Crimes. The study aims to analyze the application of Restorative Justice in this specific case of sexual harassment at the pesantren and to evaluate its compliance with the applicable legal provisions, particularly Law No. 12 of 2022. The research methodology employs a normative juridical approach, involving the analysis of legal documents and a case study on the implementation of Restorative Justice at a pesantren in Langkat. The findings show that the implementation of Restorative Justice in this case is not consistent with the provisions of Law No. 12 of 2022, particularly in terms of victim protection. The peaceful agreement reached tends to overlook the rights of the victim and fails to provide an adequate deterrent effect on the perpetrator. This indicates that the application of Restorative Justice invites considerable criticism and needs to be re-evaluated, especially in the context of sexual violence cases classified as serious crimes.

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