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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 181 Documents
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TINDAK PIDANA JUDI DALAM QANUN ACEH NOMOR 6 TAHUN 2014 TENTANG HUKUM JINAYAT Azharuddin
LEGALITE Vol 4 No No. I (2019): Legalite
Publisher : IAIN Langsa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32505/legalite.v4iI.1304

Abstract

Gambling is a criminal offense in positive law in Indonesia, the regulation of gambling offenses is not only found in the Criminal Code as the parent of Indonesian criminal law, but also in other regulations. Aceh, which has been given a mandate to implement Islamic sharia, has also regulated the problem of gambling in the form of a qanun (Perda), a matter raised regarding gambling rules in a qanun that limits the gambling crime by betting or a minimum profit value of 2 grams of pure gold. Gambling criminal rules contained in the qanun as if to provide opportunities for the public to make bets in each game with a value of bets and profits below 2 grams of gold, even more so in today's era of sophisticated, where gambling promotions occur in everywhere and offer low stakes and can be accessed by anyone. Therefore, the gambling regulations in the Aceh qanun should explain more about betting and the value of profits below 2 grams of pure gold, so that gambling practices in Aceh can be eliminated in the future.
MENYOAL SIKAPKEJAHATAN DI INDONESIA DI ERA INDUSTRI 4.0 Supratman, Andi
LEGALITE Vol 4 No No. I (2019): Legalite
Publisher : IAIN Langsa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32505/legalite.v4iNo. I.1306

Abstract

In the industrial era 4.0 was a new chapter in the 21st century. This period was marked by openness and freedom in various fields of life. In the industrial era 4.0 is a century full of hope, laden with positive opportunities that can be exploited for a variety of human life, also laden with negative challenges because there has been a shift in values (social deviations) which at some level transformed into a form of crime. Crimes which is endemic in developing countries like Indonesia is certainly not the same as in developed countries. In addition, the potential for crime is caused by stretching industry 4.0. Thus, the need for special therapy / fomula to minimize the crime that will occur in the future.
HUKUM MENJATUHKAN THALAQ MELALUI TULISAN MENURUT PENDAPAT IBN HAZM Razeki, Geubrina
LEGALITE Vol 4 No No. I (2019): Legalite
Publisher : IAIN Langsa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32505/legalite.v4iNo. I.1308

Abstract

Basically, thalaq is the husband's right. This means, only the husband has the right to drop thalaq. The fall of thalaq can occur if the husband says lafaz thalaq to his wife both clearly and vaguely (kinayah). But the problem that arises is if the husband does not drop thalaq orally or pronounced, but through writing, then the wife reads it. The law dropped thalaq through writing according to the four schools of law is falling thalaq if the husband intends it. But in this case Ibn Hazm who is a prominent Islamic figure argues that thalaq dropped by writing is not considered to fall thalaq. Legal dropped thalaq through writing according to Ibn Hazm is not considered falling thalaq because according to Ibn Hazm dropping thalaq through writing is an act that is not based on any source of law, especially al-Qur'an and Hadith, because there is no word of Allah or the Hadith of the Apostle clearly and expressly mention about the law of dropping thalaq through writing. Ibn Hazm based his opinion on the Qur'an al-Baqarah verse 229. The legal line contained in the al-Baqarah letter is about thalaq, namely thalaq in general. And there is no specific explanation about the procedure of dropping thalaq, especially there is no dhahir nash which states that dropping thalaq can be done through writing. And in the Koran and in the Hadith also it is not clear about other possibilities referred to from the end of the verse in addition to the common way taken, namely by reciting thalaq. And the verse says that if a husband wants to divorce his wife, let it be in a good way. By Ibn Hazm, who is dhahir nash istinbath, that a good way to reward a wife is to recite it directly in front of his wife, not menthalaq in other ways such as through writing.
UPAYA PENINGKATAN KINERJA APARATUR PEMERINTAH YANG PROFESIONAL DALAM MENUJU GOOD GOVERNANCE Rusli
LEGALITE Vol 4 No No. I (2019): Legalite
Publisher : IAIN Langsa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32505/legalite.v4iNo. I.1310

Abstract

Many parties talk about bureaucracy good governance, especially for developing countries that are working hard to carry out development in various sectors of people's lives. Many views and opinions were raised to create good public governance. Of course these efforts are not easy to implement as well as building a physical facility, a building for example, which can be estimated with certainty of the materials and the completion of the building. The construction of state administration cannot be built as easily and quickly as the construction of the building. Even in the current era of globalization, the state administration system is also related and influenced by international developments through the Asia Pacific Economic Cooperation (APEC) and World Trade Organization (WTO) forums. Commitment to include and provide opportunities for the community to participate in development. This is important, because without this commitment, what arises is not community participation but antipathy and dislike in the behavior and wisdom of the government apparatus. At the same time, in the government apparatus or bureaucracy will grow slowly but surely domineering attitudes, perceptions or feelings most know, most can, which ultimately lead to arrogance of government bureaucracy. The state administration system or government bureaucracy is an open system. Therefore the problems, although they should not, which exist within the bureaucracy cannot be separated from the influence of other systems outside the government bureaucracy. The role and function of the government apparatus must be returned as state servants and public servants, who have always been forgotten. As state servants and public servants, the government apparatus must be responsive, proactive and prioritize the interests of many people and not serve personal interests, groups, ruling parties, or parties that become their idols.
PEMBAYARAN GANTI RUGI BAGI KORBAN JARIMAH JINAYAT MENURUT PERSPEKTIF PRAKTISI HUKUM KOTA LANGSA AZ, Nairazi
LEGALITE Vol 4 No No. I (2019): Legalite
Publisher : IAIN Langsa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32505/legalite.v4iNo. I.1311

Abstract

Providing compensation to victims should not be subject to administrative requirements, and baitul mall distributes based on decisions made by judges. In the case of diyat, both murder and rape are the authority of the victim and not the judge. In the Criminal Code, criminal offenses are regulated regarding compensation, but the amount of compensation received by victims is only a maximum of Rp. 2,500,000. The form of fines paid by the perpetrators should no longer go into the state treasury, but the fines are given to victims. As for the rape that was tried by the Langsa City Syar'iyah Court, it occurred in 2016. And in the victim's claim set forth by the Public Prosecutor, there were no claims made in the file regarding the matter of compensation, and the judge could not have decided on a cases that have no claim, because it can be said to be ultra petita. As for the implementation of ta'zir uqubat payment in Baitul Mal Qanun No. 10 of 2018, technical payments are made by opening a special regional account to receive the ta'zir funds. However, until now, the Langsa City Government has not instructed the Baitul Mal to open the account, because the Technical Guidelines on this matter have not been regulated in detail either through Pergub or Perwal.
SANKSI ADAT BAGI PELAKU MEKHOBA DI KECAMATAN GUNUNG MERIAH ACEH SINGKIL Khairuddin
LEGALITE Vol 4 No II (2019): Legalite
Publisher : IAIN Langsa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32505/legalite.v4iII.1313

Abstract

Mekhoba is a form of marriage proposal in Aceh Singkil. However, this application has customs and laws that must be resolved after the mekhoba. After notification that someone's daughter has been escorted to the village head or priest's place, then the family of the woman must not bring the daughter before this problem is resolved in adat and law. Adat they want to get married and their laws must be married. After the child is brought to the place of the priest, then from the man's side he will pay a penitent money / lose a woman because it has been brought by a man, this will be subject to customary sanctions, namely first, paying money of five hundred thousand rupiahs, or more, as requested by the women, secondly, they will be married off as soon as possible, because if it is feared that they will not get married, thirdly, they will pay for food for women who are entrusted to the village office such as the village head or priest.
PRAKSIS HUKUM PIDANA DALAM PERLINDUNGAN KONSUMEN Putra, Danil
LEGALITE Vol 4 No II (2019): Legalite
Publisher : IAIN Langsa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32505/legalite.v4iII.1314

Abstract

This paper discusses the issue of consumer protection in criminal law, where in the applicable laws and regulations, the inclusion of standard clauses in motor vehicle loan agreements through leasing institutions whose contents are detrimental to consumers has been explicitly prohibited, even in the Consumer Protection Act there is a criminal threat for business actors who violate these provisions. But in practice, motor vehicle financing agreements through leasing still include standard clauses that provide flexibility to act for creditors when there is a problem in installment payments. With law enforcement against violating business actors, it is expected to provide a deterrent effect for business actors.
HUKUMAN CAMBUK TERHADAP KONTROL SOSIAL Ferizal, Indis
LEGALITE Vol 4 No II (2019): Legalite
Publisher : IAIN Langsa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32505/legalite.v4iII.1315

Abstract

Caning applied in Aceh is one of the social controls and the form of punishment is expected to fulfill the philosophical, juridical and sociological tendencies of legal awareness. Caning is one form of punishment that is also expected to foster a lawful attitude and the creation of an orderly society. According to Islamic law that punishment is for the benefit of the Ummah and educate the person of the perpetrator of the crime. Basically It is not easy to do efforts to increase legal awareness and the development of a legal culture in the community without encouragement from individual communities themselves. This should be of particular concern by the government to be more serious in conducting socialization so that legal awareness can be understood and implemented by the public properly.
IMPIAN YANG TERABAIKAN Amrunsyah
LEGALITE Vol 4 No II (2019): Legalite
Publisher : IAIN Langsa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32505/legalite.v4iII.1316

Abstract

This paper is entitled "The Neglected Dream" (Implementation of the Purpose of Law and Criminal Law in Indonesia). Law and the purpose of law have interrelated and inseparable links. The law always plays an important role in a country even the law has a multifunction with the aim of the public good in order to achieve justice, legal certainty, order, expediency, and others. However, this is far from the fire. That is, the public is only given the wind of heaven and dreams that wash away while the state authorities use the law as a tool to suppress society, so that society can be positioned in accordance with the desires of the state authorities. The implementation of the law and the purpose of the law in force in Indonesia is clearly visible, so through a number of legal theories set forth in this paper will be a little stomping for anyone who understands it when compensating for the facts that occur in the midst of society. In fact, for people who want to get legal justice but in reality are entangled in the law. The government should be serious in responding to this because the people have given full mandate to manage this country, including in dealing with legal issues, both in terms of legal structure, legal substance and legal culture played by law enforcement.
HUKUMAN HAD BAGI SESEORANG YANG MENYETUBUHI WANITA AJNABIAH MELALUI DUBUR PERSPEKTIF SYAFI’IAH Alwin, Muhammad
LEGALITE Vol 4 No II (2019): Legalite
Publisher : IAIN Langsa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32505/legalite.v4iII.1317

Abstract

This paper discusses the punishment for someone who has intercourse with an ajnabiah woman through the anal perspective of Shafi'iah. Imam Shafi'I himself did not give a direct opinion related to this issue. However, Shafi'i clerics address the problem, where the majority of Shafi'i clerics equate the intercourse done from the rectum with the intercourse done through the rectal female Ajnabiah. The method they use is the qiyas method, which according to them; both (adultery through qubul or rectum) produce lust and both are parts of the body that must be covered and guarded by a woman. Likewise, mandatory bathing for men who put their genitals in one of them (qubul and rectum).

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