cover
Article Per Year (5 Year)
All
Home Page
OAI Link
Editorial Team
Contact
Reviewer
Google Scholar
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
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 199 Documents
 1   2   3   4   5 
SISTEM PIDANA MATI MENURUT HUKUM POSITIF DAN HUKUM ISLAM Faisal, Faisal
LEGALITE Vol 1 No 1 (2016): Volume I No. 01 Tahun 2016
Publisher : IAIN Langsa

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

Abstract

The capital punishment system is one of the legal system system in which it contains about capital punishment. Even in practice that occurs in various legal systems it is also very diverse. In Indonesia there are actually some differences in the legal system. For example in Indonesia today there are laws that apply formally and Islamic law. The purpose of punishment according to the draft Penal Code is stated in article 54, namely: 1) Prevent the commission of criminal acts by upholding the legal norms for the sake of community protection. 2) To popularize the convict by conducting coaching so as to make him a good and useful person. 3) Resolving conflicts caused by criminal acts, restoring balance and bringing a sense of peace in society. 4) Release the guilt of the convicted person. While the implementation of Islamic law, namely: the primary purpose (al dharury), secondary goals (al haajiy), tertiary goals (al tahsiniyyat). In Islam the death penalty is explicitly described in the Qur'an or hadith, it is found in four cases, namely those who commit adultery Mukhshan, killing intentionally, hirabah and apostasy (out of Islam). And Also known in Islam that the death penalty for ta'zir is if the death penalty is desired by the public, for example for espionage (spy) and a very dangerous recidivist.
TAJAM KE BAWAH TUMPUL KE ATAS Amrunsyah, Amrunsyah
LEGALITE Vol 2 No I (2017): JURNAL HUKUM PIDANA ISLAM
Publisher : IAIN Langsa

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

Abstract

The Criminal Law is part of the national legal system that has been in effect since independence until now. Implementation of criminal law finds ups and downs as the development of society is even a keen spotlight when it has not provided justice and welfare and is still regarded as an instrument of power to protect state officials and become a weapon for the common people when against the state. Implementation of criminal law in Indonesia aims to provide protection, tranquility, order and legal certainty to the community. Although there are objectives that provide protection, especially personal or individual interests in exercising the rights of citizens. While the purpose of this paper is to provide an understanding that the Criminal Law is a chain of legislation applicable in Indonesia and its content is focused on the Criminal Code and Criminal Procedure that reach all levels of society.
HUKUM JINAYAH ANTARA APLIKASI DAN SEJARAH Husna, Nurul
LEGALITE Vol 2 No I (2017): JURNAL HUKUM PIDANA ISLAM
Publisher : IAIN Langsa

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

Abstract

Indonesia is a predominantly Muslim country, with only 20 percent of the Indonesian population converting to other religions. When viewed from the majority of the population, should the enforcement of Islamic Law in Indonesia is more dominant than the national law, but when looking at law enforcement in Indonesia, The government took the initiative to follow the positive law taken from the Criminal Code (KUHP) and the Criminal Procedure Code (KUHAP) which if we explore the history is more inclined to the Dutch law. When looking at the application of punishment in Indonesia and then reconsidering the basic law that Allah has established from the Qur'an and Hadith, it is very contra if these two laws are combined. The application of law in Indonesia is as if only a legal provision resulted from deliberations of law enforcement and very far with the law established by Allah SWT in the Qur'an, So unknowingly, when the students discussed the basic law that refers to the Qur'an and Hadith, the law becomes just only information and becomes a science of history that can only be learned and can not be applied, the provision of God will continue to disappear in time, and only become memories For anyone who ever knew him especially in education.
PENDIDIKAN SPIRITUAL SEBAGAI BENTENG TERHADAP KENAKALAN REMAJA Aslamiah, Suwaibatul
LEGALITE Vol 2 No I (2017): JURNAL HUKUM PIDANA ISLAM
Publisher : IAIN Langsa

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

Abstract

The elements of spiritual education contained in the history of Prophet Yusuf peace be upon him are the value of believing, attitude (manner), persevere and pathnership. And the elements of spiritual education contained in the history of the Prophet Yusuf peace be upon him as a fortress for  the juvenile delinquency is character formation that begins with the value of believing so that all deeds done aims of worship. Furthermore, moral values such as patience, humility, courtesy and virtuous, to avoid misconduct that can damage the soul such as brawls, drugs, free sex and porn sites in the world of internetization. Likewise with the value of a persevere to see the difference with the wise, to do not blame each other, and disbelieve another to avoid the enmity of mankind. And lastly pathnership (brothership) values by applying gentle, not arrogant and loving attitude, and also the value of pathnership (brothership)  in creating wihdah (unity), quwwah (strength) and mahabbah (love and compassion).
KEBIJAKAN KRIMINAL TERHADAP TINDAK PIDANA INTIMIDASI DI INTERNET (CYBERBULLYING) SEBAGAI KEJAHATAN MAYANTARA (CYBERCRIME) Minin, Agusta Ridha
LEGALITE Vol 2 No II (2017): legalite
Publisher : IAIN Langsa

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

Abstract

The crime of cyber crime is one of the greatest crimes that occurred during this century. The manifestations of this crime vary depending on the development of information and technology, one of which is cyber bullying. Intimidation to victims through cyber is done indirectly. Government policy in minimizing the crime of intimidation through social networking, internet and other electronic media is regulated in Law no. 11 Year 2008 on Information and Electronic Transactions. In addition to special regulations in the law, the government also accommodates the provisions of cyber crime in the Draft Penal Code. On the basis of the issues examined in the regulation of positive criminal law on cyber bullying as one form of cybercrime. And, criminal policy in Indonesia as an effort to overcome cyber bullying crime in the future.
PANDANGAN TOKOH AGAMA KOTA LANGSA TERHADAP PEMAKSAAN HUBUNGAN SEKSUAL Nairazi, Faisal
LEGALITE Vol 2 No II (2017): legalite
Publisher : IAIN Langsa

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

Abstract

Law No. 23 of 2004 on Elimination of Domestic Violence (PKDRT) is one form of government effort to eliminate violence in the family that most of the victims are women. Religious figures state that coercion of sexual intercourse with wife is not allowed in Islam although it is basically obligatory for the wife to serve the husband's request, but if it is not aroused to serve him, he may offer or suspend it. The factors causing the coercion of husband's sexual intercourse with wife are still the dominant patriarchal value in our society (values that prioritize the interests of men). Values that side with men which then form unwritten rules "wife is the property of the husband". A false understanding of the interpretation of the teachings of religions. Frequently the teachings of religions are misinterpreted which affects the differentiation of women's position with men or present discriminatory treatment of women. Then there is the internet media that provides pornographic content that is easily accessible. Perspectives of religious leaders in Langsa City against coercion of sexual intercourse husband to wife is in doing husband relationship of wife need to understanding and know what duty and responsibility respectively, a good husband will not force relationship husband and wife if wife in sick condition, tired or in the coming months. And a wife is not allowed to refuse a husband's invitation if the things mentioned above do not happen to her.
KAJIAN YURIDIS TERHADAP TINDAK PIDANA KORUPSI M.H, Ismail
LEGALITE Vol 2 No II (2017): legalite
Publisher : IAIN Langsa

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

Abstract

Corruption in Indonesia is so severe as social diseases, reinforced by corrupt practices exposed by the media increasing perceptions of corruption are like illness especially at the end of the New Order era even on the current reform order, almost everywhere. Starting from small officials to high officials. The results of the study indicate an important assertion, because the financial loss of the state is one of the essential elements of corruption in addition to unlawful acts. Thus, the criminal act of corruption is not abolished even then the element of state loss is not proven in court because it has been returned by the suspect, seizure of a number of goods. Barriers at investigation level, juridical investigators remain guided by KUHAP and applicable legislation, investigators lack understanding of the meaning of substance in UUPTPK especially in understanding the element "can enrich themselves or others or a corporation. It is suggested that the regulation regarding the minimum restriction of both the penal provisions and the penalties in UUPTPK to be eliminated because with the inclusion of these minimum limits, may open the possibility of imposition of criminal sanctions imprisonment and fine sanctions that do not reflect a sense of justice to punish the perpetrators of corruption. Anti-corruption laws will be more effective if only the maximum limit is imposed.
PEMAKSAAN HUBUNGAN SEKSUAL TERHADAP ISTRI DALAM UU NO 23 TAHUN 2004 TENTANG PENGHAPUSAN KEKERASAN DALAM RUMAH TANGGA (PKDRT) Putra, Tri Sulatama
LEGALITE Vol 2 No II (2017): legalite
Publisher : IAIN Langsa

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

Abstract

Coercion of sexual intercourse is basically inconsistent with good society habits. This act is not in accordance with the human conscience. There have been many rules designed to eradicate bad behavior towards women. Law No. 23 of 2004 on Elimination of Domestic Violence (PKDRT) is one form of government effort to eliminate violence in the family that most of the victims are women. Form of coercion of sexual intercourse with wife according to the Act. No. 23 of 2004 is (1) Unwelcome sexual intercourse of wife due to lack of wife willingness in physical and psychic form. (2) Unwelcome sexual intercourse of a wife, for example, to marry his wife in a drunken husband, to marry a wife while the wife is sleeping wife has never felt inner satisfaction because of the impact of uncomfortable husband's treatment during sex. coercion of a wife's sexual relationship in a state of illness or in a state of wife coming months.
ANKSI KEBIRI KIMIA BSAGI PELAKU KEJAHATAN SEKSUAL TERHADAP ANAK Friandy, Bob
LEGALITE Vol 2 No II (2017): legalite
Publisher : IAIN Langsa

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

Abstract

Sexual crime case against children???s in Indonesia are increasing rapidly from time to time. The more tragic fact is that most of the suspect origins from their own kin or around the neighborhood, such as family, school officer, and their playmates sphere. According to Indonesian Child Protection Commision (KPAI), there are 2,275 cases occurred on 2011, 887 amongs them are sexual crime case with violent against children. The protection law towards children vastly consist of criminal law aspect, legal law aspect, material-formal law aspect, state administration law aspect, and of course, the legal law aspect. Sexual abuse against children are criminal case which has been coded in criminal law in Indonesia and also viewed theoritically from Islamic criminal law. Therefore, this Thesis is researching about how are the criminal sex cases againts children viewed from criminal law in Indonesia and Islamic criminal law aspect? And also how is the analysis of Law No. 35/ 2014 (Undang-Undang Nomor 35 Tahun 2014) concerning chemichal castration sanction viewed from Islamic Criminal Law? This research categorized as normative law research which pointing to laws and criminal law principal in Indonesia and also Islamic criminal law. This research using comparative-analysis-descriptive method which describe systematically the fact about cases by comparing the research description. This research compare the Indonesian criminal laws principal and Islamic criminal law principal, criminal law formula and Islamic criminal law formula, and also the rules about the chemichal castration sanction to the convicted sex crime againts children in Indonesian criminal law and Islamic criminal law. This research also analize the law no. 33/2014 concerning the sanction specially?  on the implementation of the law in society. Exclusive study on the Islamic criminal law theory concerning the goverment step on applying the rule, are also executed. There are two points earn from this reearch; the first one is sex crime against children is special crime case. The sanction of the violation arranged in the law no.35/2014 about child protection. In Islamic criminal law (fiqh jinayah) the chemichal castration sanction againts children is in form of jarimah ta???zir. Secondly, in the law no. 35/ 2014 about child protection consist the criminal law aspect, the urgent application about the law is the penal policy which include the protection for the child as the sex crime victim, law enforcement, and justice. The solution for the victim by using Restorative Justice concern measure and the effect againts children as the sexual crime victim. In non penal policy by the role of the parents, family, society, goverment, and the country, on their obligation to protect the child. Chemichal castration sanction studied in Islamic criminal law to give contribution needed by Islamic Law and inline with the principal of Islamic criminal law, especially to preserve the heredity (hifzu- nasli). 
PROSPEK QANUN ACEH NO.6 TAHUN 2014 TENTANG UQUBAT TA’ZIR JARIMAH PEMERKOSAAN Rasyidin
LEGALITE Vol 2 No I (2017): JURNAL HUKUM PIDANA ISLAM
Publisher : IAIN Langsa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32505/legalite.v2iI.1058

Abstract

Regarding the prospect of Aceh?s Qanun Jinayat No. 6 Year 2014 about uqubat ta?zir jarimah of rape, there should  be a cooperation between stakeholders and institution concerned in succeeding Aceh?s Qanun Jinayat, and the revision of uqubat ta?zir of rape by using a single system, in the form of the word ?and? not the word ?or? that is contained in  article 48, 49, 50, to make the offenders obtain the multiple penalties, because the jarimah of rape must be severely punished. And for uqubat ta?zir jarimah of rape in Aceh?s Qanun Jinayat, if it is investigated further, there is no difference.   In the present many academics and practitioners recommend that the rape penalty within criminal code (KUHP) should be revised because the punishment is considered ineffective to reduce and even solve the cases of rape in Indonesia.

Page 2 of 20 | Total Record : 199

 1   2   3   4   5 

Filter by Year

2016 2026


Reset
Filter By Issues
All Issue Vol 11 No 1 (2026): Legalite: Jurnal Perundang Undangan dan Hukum Pidana Islam Vol 10 No 2 (2025): Legalite: Jurnal Perundang Undangan dan Hukum Pidana Islam Vol 10 No 1 (2025): Legalite: Jurnal Perundang Undangan dan Hukum Pidana Islam Vol 9 No 2 (2024): Legalite: Jurnal Perundang Undangan dan Hukum Pidana Islam Vol 9 No 1 (2024): Legalite: Jurnal Perundang Undangan dan Hukum Pidana Islam Vol 8 No 2 (2023): Legalite: Jurnal Perundang Undangan dan Hukum Pidana Islam Vol 8 No 1 (2023): Legalite: Jurnal Perundang Undangan dan Hukum Pidana Islam Vol 7 No 1 (2022): Juni 2022 Vol 7 No 2 (2022): Legalite: Jurnal Perundang Undangan dan Hukum Pidana Islam Vol 6 No 2 (2021): Juli-Desember 2021 Vol 6 No 1 (2021): Januari-Juni 2021 Vol 5 No 2 (2020): Legalite Vol 5 No 1 (2020): Jurnal Legalite Vol 4 No II (2019): Legalite Vol 4 No No. I (2019): Legalite Vol 3 No II (2018): Legalite Vol 3 No I (2018): Legalite Vol 2 No II (2017): legalite Vol 2 No I (2017): JURNAL HUKUM PIDANA ISLAM Vol 1 No 2 (2016): Volume I No. 02 Tahun 2016 Vol 1 No 1 (2016): Volume I No. 01 Tahun 2016 More Issue