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Contact Name
Yogi Febriandi
Contact Email
-
Phone
+6281267445658
Journal Mail Official
legalite@iainlangsa.ac.id
Editorial Address
Gampong Meurande, Kota Langsa, Aceh
Location
Kota langsa,
Aceh
INDONESIA
Legalite: Jurnal Perundang Undangan dan Hukum Pidana Islam
ISSN : -     EISSN : 26147971     DOI : https://doi.org/10.32505/legalite
Core Subject : Religion, Social,
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
Analisis Hukum Pidana terhadap Praktik Jual-Beli Rekening Bank dalam Transaksi Judi Online di Indonesia Milen, Swity; Nasution, Rasina Padeni
Legalite : Jurnal Perundang Undangan dan Hukum Pidana Islam Vol 10 No 1 (2025): 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.v10i1.10525

Abstract

The advancement of technology has triggered the emergence of various new crime modes, including online gambling, which utilizes bank accounts as a means of financial transactions. These accounts are often obtained through syndicates that purchase them from the public at high prices. This practice raises legal issues as there are no specific regulations governing the buying and selling of bank accounts for online gambling transactions. This study aims to analyze the legal framework for online gambling transactions in Indonesia, examine the criminal law perspective on the trade of bank accounts for such transactions, and assess the forms of criminal liability for the perpetrators. The research employs a normative juridical approach with conceptual and legislative analyses. The findings indicate that, to date, there are no specific regulations governing the trade of bank accounts or online gambling in Indonesia, despite both being illegal activities. Consequently, criminal liability for those involved in selling bank accounts cannot be firmly enforced due to the absence of clear legal provisions. Therefore, regulatory reforms are necessary to accommodate the evolving nature of technology-based crimes.
Analisis Hukum terhadap Pemalsuan Data Otentik di Persidangan: Perspektif Hukum Positif dan Hukum Pidana Islam Lase, Sri Wulandari; Ramadani, Ramadani
Legalite : Jurnal Perundang Undangan dan Hukum Pidana Islam Vol 10 No 1 (2025): 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.v9i1.10528

Abstract

This study aims to analyze the falsification of authentic data in court proceedings from the perspectives of positive law and Islamic criminal law, focusing on the conformity of legal norms and the sanctions applied. This article falls under library research with a qualitative approach. The methodology used includes normative legal studies and comparative studies. The findings reveal that, in Indonesian positive law, the falsification of authentic data is regulated under the Criminal Code (KUHP) with strict criminal sanctions, while in Islamic criminal law, such actions are categorized as crimes that undermine the principles of justice, with ta'zir sanctions adjusted to the severity of the violation. This study emphasizes the importance of enforcing fair laws to maintain the integrity of the judicial system.
Optimalisasi Penerapan Diversi dalam Penanganan Anak sebagai Kurir Narkotika; Revisi Regulasi dan Dukungan Sosial Audrey, Jessica; Adhari, Ade
Legalite : Jurnal Perundang Undangan dan Hukum Pidana Islam Vol 10 No 1 (2025): 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.v9i1.10554

Abstract

This study aims to explore the optimization of the implementation of diversion in handling children involved as drug couriers, with a focus on the legal regulation revisions and social support required. The research uses a normative legal study methodology with a qualitative approach, relying on descriptive analysis of existing regulations and relevant scholarly journals. The primary data sources consist of laws and regulations on juvenile criminal justice, while secondary sources are derived from legal literature published in the last ten years. The findings conclude that diversion plays an important role in addressing cases of children involved as drug couriers, but its implementation in Indonesia is still hindered by insufficiently comprehensive legal policies and inadequate social support, thus requiring regulatory revisions and inter-agency coordination to ensure its effectiveness. Social support, such as rehabilitation programs, alternative education, and economic empowerment, is crucial to creating new opportunities for these children, while technology can strengthen monitoring and evaluation of the diversion process to ensure its continuity as a rehabilitation effort based on restorative justice principles.
Keabsahan Laporan Tindak Pidana Kekerasan dalam Rumah Tangga Pasca Perceraian Wijaya, jesica Natalia; Prasetyo, Boedi
Legalite : Jurnal Perundang Undangan dan Hukum Pidana Islam Vol 10 No 1 (2025): 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.v9i1.10555

Abstract

This study aims to analyze the validity of reports on domestic violence (DV) crimes filed after divorce, focusing on the Military Court Decision Number 85-K/PM.II-08/AD/II/2022. This article is categorized as normative legal research using a statutory approach and a case approach. The methodology employed is descriptive analytical study. The study concludes that reports of domestic violence crimes filed after divorce remain legally valid, provided they meet the formal and material requirements as stipulated by applicable regulations. The military court's decision in this case highlights the importance of recognizing victims' rights to justice, regardless of marital status.
Penegakan Hukum Terhadap Judi Online di Aceh Tenggara: Kendala dan Strategi Pemberantasan Rif'at, Rif'at; Yazid, Imam
Legalite : Jurnal Perundang Undangan dan Hukum Pidana Islam Vol 10 No 1 (2025): 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.v9i1.10778

Abstract

This study aims to analyze the law enforcement against online gambling players in Aceh Tenggara Regency, particularly in the implementation of Qanun Aceh Number 6 of 2014 concerning Jinayat Law. This research uses a case study approach with an empirical legal research method. Primary data is obtained through interviews and observations with law enforcement officers, offenders, and the public regarding online gambling, while secondary data is collected from document reviews, regulations, and related literature. The research findings indicate that law enforcement against online gambling offenders in Aceh Tenggara has been carried out by law enforcement agencies, but the results are still not optimal as online gambling practices continue to expand. The main challenges faced are the lack of public awareness, limited technological resources, and insufficient training and coordination among agencies, which require a more effective strategy to address these issues.
Legalitas Kewenangan Penuntutan Tindak Pidana Pencucian Uang yang Dilakukan oleh Komisi Pemberantasan Tindak Pidana Korupsi dalam Sistem Peradilan Pidana Doso, Musram; Arifin, Zainul
Legalite : Jurnal Perundang Undangan dan Hukum Pidana Islam Vol 9 No 2 (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.v9i2.10955

Abstract

This article aims to analyze the legality of the Corruption Eradication Commission's (KPK) authority in prosecuting money laundering crimes (TPPU) derived from corruption offenses within Indonesia's criminal justice system. This study contributes to providing an understanding of the legal basis, scope of authority, and the juridical and practical implications of such authority on the effectiveness of corruption eradication and inter-agency coordination among law enforcement institutions. This article falls under qualitative library research. The methodology used is a normative juridical study with a statute approach and a conceptual approach. The findings indicate that although the KPK has the authority to handle TPPU cases related to corruption offenses, there is an ongoing legal debate regarding overlapping authority with the Attorney General's Office, potentially leading to institutional conflicts within the criminal justice system. Therefore, regulatory strengthening and coordination mechanisms among institutions are necessary to ensure the effective enforcement of laws against corruption and TPPU.
Mediasi Penal sebagai Penyelesaian Pidana Ringan Pondok Pesantren Putra Al-Ishlah Malang; Perspektif Maqashid Syariah Ibnu Ashyur Rofrofil Akmal, Ahmad Wildan; Nur Syifa, Siti; Saifullah, Saifullah
Legalite : Jurnal Perundang Undangan dan Hukum Pidana Islam Vol 10 No 1 (2025): 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.v10i1.10999

Abstract

This article aims to examine the implementation of penal mediation as a form of resolving minor criminal offenses committed by students at Al-Ishlah Putra Islamic Boarding School in Singosari, Malang, and to analyze its application from the perspective of maqashid sharia according to Ibnu Ashur. This article falls under qualitative library research with an empirical legal study approach. The findings show that penal mediation in this pesantren represents a legal resolution that emphasizes educational and restorative values, through mechanisms such as deliberation between the offender, the victim, and the student's guardian, as well as religious and social sanctions aimed at fostering moral awareness. From the perspective of Ibnu Ashur's maqashid sharia, this practice reflects efforts to protect the five essential aspects of life—religion, life, intellect, lineage, and property—while also demonstrating a legal approach that is rational, proportional, and oriented toward the public good (maslahah ‘ammah).
Dampak Restitusi Terhadap Kesehatan Mental Anak Korban Persetubuhan: Studi Longitudinal Sari, Atika; Sambas, Nandang
Legalite : Jurnal Perundang Undangan dan Hukum Pidana Islam Vol 10 No 2 (2025): 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.v10i2.11511

Abstract

This study aims to analyze the impact of restitution on the mental health of child victims of sexual intercourse from a long-term perspective through a longitudinal approach. The main focus of this research is to evaluate the effectiveness of restitution as a form of legal protection and psychological recovery for child victims of sexual crimes. The contribution of this study lies in reinforcing the argument that restitution is not merely financial compensation but also a crucial instrument in trauma recovery and the restoration of safety and self-worth in child victims. This research employs a juridical-empirical approach with a longitudinal method, combining normative analysis of restitution regulations with observation and interviews involving child victims who received restitution over a specific period. The findings conclude that restitution in criminal law functions as a form of recovery that is not limited to financial aspects but also serves as recognition of the victim’s suffering and as a component of restorative justice. This longitudinal study demonstrates that comprehensive restitution, supported by psychosocial interventions, has a positive impact on the mental health recovery of child victims of sexual abuse.
Analisis Hukum Positif dan Hukum Pidana Islam tentang Pemerasan Dengan Modus Kencan Alqoyyum, Syafa Aliyya; Rosyadi, Moh. Imron
Legalite : Jurnal Perundang Undangan dan Hukum Pidana Islam Vol 10 No 2 (2025): 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.v10i2.11976

Abstract

This study aims to analyze and compare the provisions of Indonesian positive law and Islamic criminal law regarding the criminal act of extortion through fictitious dating schemes, which have recently become increasingly prevalent, particularly targeting tourists. The methodology used is normative legal research with a qualitative approach, presented through descriptive and comparative analysis. The focus of this research lies in identifying the elements of extortion as regulated in Article 368 of the Indonesian Criminal Code (KUHP), distinguishing it from theft and robbery, and examining the concept of extortion in Islamic criminal law as a form of jarimah ta’zir. The findings reveal that extortion through dating schemes is an unlawful act that not only violates positive law but also contravenes moral principles and ethical values in Islamic criminal law. In the Islamic legal context, such acts fall under the category of jarimah ta’zir, with punishments determined by judges based on the severity of the offense and the harm caused. This study is expected to contribute meaningfully to efforts in preventing similar crimes and enhancing public legal awareness.
Victim Blaming terhadap Korban Kekerasan dalam Rumah Tangga; Tinjauan Hukum Positif dan Hukum Pidana Islam Nasution, Chairunnisa; Harahap, Mar’ie Mahfudz
Legalite : Jurnal Perundang Undangan dan Hukum Pidana Islam Vol 10 No 2 (2025): 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.v10i2.12000

Abstract

This article aims to analyze and compare how Indonesian positive law and Islamic criminal law perceive and respond to the phenomenon of victim blaming against victims of domestic violence. The study adopts a qualitative method through a normative and comparative legal approach, based on statutory regulations, classical and contemporary Islamic jurisprudence literature, as well as academic journals published within the last ten years. The findings indicate that the practice of victim blaming not only exacerbates the psychological and social conditions of victims but also obstructs their access to justice. In the context of positive law, although Law Number Twenty-Three of the Year Two Thousand and Four provides a legal framework for the protection of domestic violence victims, its implementation still encounters challenges, including the persistence of patriarchal cultural norms, limited availability of legal assistance, and the lack of sensitivity among law enforcement personnel. On the other hand, Islamic criminal law upholds the principle of preserving the maqasid syariah, especially the protection of life and human dignity, and strictly prohibits domestic violence and the act of blaming victims, considering such behavior an act of injustice.