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<![CDATA[Diversi Pidana Anak dalam Perspektif Hukum Pidana Islam; Implementasi dan Faktor Efektivitas ]]>
<![CDATA[Naposo Harahap, Indra]]>;
<![CDATA[Lubis, Fauziah]]>
<![CDATA[ Legalite : Jurnal Perundang Undangan dan Hukum Pidana Islam Vol 10 No 2 (2025): Legalite: Jurnal Perundang Undangan dan Hukum Pidana Islam ]]>
Publisher : <![CDATA[IAIN Langsa ]]>
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DOI: 10.32505/legalite.v10i2.12588
<![CDATA[This study aims to examine the implementation of diversion in handling juvenile criminal cases from the perspective of Islamic criminal law and to analyze the factors affecting the effectiveness of diversion. This article is categorized as qualitative library research. The methodology used is normative legal research with a statutory approach and content analysis. The results indicate that juvenile diversion aligns with the principles of Islamic criminal law, which emphasize rehabilitation, forgiveness, and reconciliation as educational and restorative resolution efforts. Although the diversion mechanism is regulated in the Juvenile Criminal Justice System Law, its implementation is still hindered by limited understanding among law enforcement officers, inadequate facilities, and low public awareness. Therefore, the integration of national law and Islamic values is crucial for diversion to function effectively, provide optimal protection, and reflect substantive justice and the welfare of children.]]>
<![CDATA[Ratifikasi Statuta International Criminal Court Dalam Penegakan Hak Asasi Manusia di Indonesia: Perlukah? ]]>
<![CDATA[B Pongkapadang, Opniel Harsana]]>
<![CDATA[ Legalite : Jurnal Perundang Undangan dan Hukum Pidana Islam Vol 9 No 1 (2024): Legalite: Jurnal Perundang Undangan dan Hukum Pidana Islam ]]>
Publisher : <![CDATA[IAIN Langsa ]]>
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DOI: 10.32505/legalite.v9i1.8129
<![CDATA[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.]]>
<![CDATA[Visum Dalam Pembuktian Tindak Pidana Pencabulan Anak: Studi Putusan No.1300/Pid.Sus/2021/Pn.Lbp ]]>
<![CDATA[Ambarita, Nela]]>;
<![CDATA[Batubara, Sonya Airini]]>;
<![CDATA[Wijaya, Wilson]]>;
<![CDATA[Hasibuan, Belman]]>;
<![CDATA[Fitriani]]>
<![CDATA[ Legalite : Jurnal Perundang Undangan dan Hukum Pidana Islam Vol 9 No 1 (2024): Legalite: Jurnal Perundang Undangan dan Hukum Pidana Islam ]]>
Publisher : <![CDATA[IAIN Langsa ]]>
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<![CDATA[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.]]>
<![CDATA[Penyalahgunaan Data Pribadi Pada Pinjaman Online di Indonesia: Analisis Perlindungan dan Sanksi Hukum ]]>
<![CDATA[Ardana , Sofia Tio]]>;
<![CDATA[Kornelis, Yudi]]>
<![CDATA[ Legalite : Jurnal Perundang Undangan dan Hukum Pidana Islam Vol 9 No 1 (2024): Legalite: Jurnal Perundang Undangan dan Hukum Pidana Islam ]]>
Publisher : <![CDATA[IAIN Langsa ]]>
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DOI: 10.32505/legalite.v9i1.8398
<![CDATA[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.]]>
<![CDATA[Studi Putusan Pengadilan dalam Kasus Penganiayaan oleh Tahanan di Bawah Arahan Kepolisian: Sebuah Kajian Hukum ]]>
<![CDATA[Basyaruloh Yahya, Adrik Zulham]]>
<![CDATA[ Legalite : Jurnal Perundang Undangan dan Hukum Pidana Islam Vol 9 No 1 (2024): Legalite: Jurnal Perundang Undangan dan Hukum Pidana Islam ]]>
Publisher : <![CDATA[IAIN Langsa ]]>
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DOI: 10.32505/legalite.v9i1.8514
<![CDATA[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.]]>
<![CDATA[Perlindungan Hukum Terhadap Pelapor Kasus Peredaran Gelap Narkotika Dalam Perspektif Hukum Islam ]]>
<![CDATA[Ramadhan Harlis, Habib]]>;
<![CDATA[Zulkarnain]]>
<![CDATA[ Legalite : Jurnal Perundang Undangan dan Hukum Pidana Islam Vol 9 No 1 (2024): Legalite: Jurnal Perundang Undangan dan Hukum Pidana Islam ]]>
Publisher : <![CDATA[IAIN Langsa ]]>
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DOI: 10.32505/legalite.v9i1.8663
<![CDATA[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.]]>
<![CDATA[Fiqh dan Negara: Dinamika Penerapan Sanksi Hukuman Zina di Aceh ]]>
<![CDATA[Nairazi, Nairazi]]>;
<![CDATA[Akmal, Akmal]]>;
<![CDATA[Ferizal, Indis]]>;
<![CDATA[Manoppo, Feni Riana]]>
<![CDATA[ Legalite : Jurnal Perundang Undangan dan Hukum Pidana Islam Vol 9 No 1 (2024): Legalite: Jurnal Perundang Undangan dan Hukum Pidana Islam ]]>
Publisher : <![CDATA[IAIN Langsa ]]>
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DOI: 10.32505/legalite.v9i1.8929
<![CDATA[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.]]>
<![CDATA[Peran DP3APM Kota Medan Terhadap Anak Korban Kekerasan Seksual; Analisis Fiqh Siyasah dan Pidana Islam ]]>
<![CDATA[Sidik, M. Nurhadi]]>;
<![CDATA[Yamamah, Ansari]]>
<![CDATA[ Legalite : Jurnal Perundang Undangan dan Hukum Pidana Islam Vol 9 No 1 (2024): Legalite: Jurnal Perundang Undangan dan Hukum Pidana Islam ]]>
Publisher : <![CDATA[IAIN Langsa ]]>
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DOI: 10.32505/legalite.v9i1.9161
<![CDATA[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.]]>
<![CDATA[Kritik Restorative Justice dalam Kasus Pelecehan Seksual di Pesantren: Analisis Undang-Undang No. 12 Tahun 2022 ]]>
<![CDATA[Sari Ritonga, Indah Maya]]>;
<![CDATA[Sastra Panjaitan, Budi]]>
<![CDATA[ Legalite : Jurnal Perundang Undangan dan Hukum Pidana Islam Vol 9 No 1 (2024): Legalite: Jurnal Perundang Undangan dan Hukum Pidana Islam ]]>
Publisher : <![CDATA[IAIN Langsa ]]>
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DOI: 10.32505/legalite.v9i1.9200
<![CDATA[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.]]>
<![CDATA[Pembaharuan Keabsahan Pembuktian Testimonium de Auditu dalam Tindak Pidana Kekerasan Seksual: Analisis Peraturan Perundang-Undangan di Indonesia ]]>
<![CDATA[Feni, Evita]]>;
<![CDATA[Yunara, Edi]]>;
<![CDATA[Desiandri, Yati Sharfina]]>
<![CDATA[ Legalite : Jurnal Perundang Undangan dan Hukum Pidana Islam Vol 9 No 2 (2024): Legalite: Jurnal Perundang Undangan dan Hukum Pidana Islam ]]>
Publisher : <![CDATA[IAIN Langsa ]]>
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DOI: 10.32505/legalite.v9i2.9201
<![CDATA[Ideally, the validity of Testimonium de Auditu evidence in cases of sexual violence should provide stronger legal protection for victims, given that sexual violence often occurs in closed situations without direct witnesses. However, in reality, Testimonium de Auditu has long been considered to have insufficient evidentiary strength in Indonesian criminal law, leading to its frequent disregard in law enforcement processes. This research focuses on how regulatory changes in Indonesia have accommodated and strengthened the validity of Testimonium de Auditu in the context of sexual violence crimes. This study aims to analyze the renewal of the validity of Testimonium de Auditu evidence in sexual violence crimes based on the perspective of Indonesian legislation. The research is classified as a qualitative literature study, utilizing a normative legal approach. The findings indicate that the reforms outlined in the Indonesian Criminal Code (KUHP), Constitutional Court Decision Number 65/PUU-VIII/2010, and Law Number 12 of 2022 on Sexual Violence Crimes (UU TPKS) have strengthened the position of Testimonium de Auditu as valid evidence in cases of sexual violence. These reforms allow Testimonium de Auditu to be recognized and more adaptive within the criminal justice system, particularly in addressing the challenges of proving sexual violence, which often lacks direct witnesses.]]>
