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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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PERSPEKTIF FETHULLAH GṺLEN TENTANG DIALOG DAN TOLERANSI SEBAGAI RESOLUSI KONFLIK Ozi Setiadi
Legalite : Jurnal Perundang Undangan dan Hukum Pidana Islam Vol 1 No 2 (2016): Volume I No. 02 Tahun 2016
Publisher : IAIN Langsa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32505/legalite.v1i2.266

Abstract

Conflict can not be avoided if there is no any understanding and mutual understanding of a problem. It causes the appearance of a variety of theories dictated by scholars relates to some efforts that must be carried out by socities in order to resolve the conflict. This writing describes how Fethullah Gulen's perspective as a peace loving-person in developing dialogue and tolerance as a conflict resolution. Gulen argues that dialogue and tolerance are two sides of inseperable coin. Dialogue becomes a media that bridges the cooperation of civilization, brotherhood and mutual understanding between each other, and appreciate the values ​​that are believed together. Dialogue shows non-exclusive moderation form and open to the opinions of various circles. While tolerance becomes a very important media when a dialog can not reach an agreement or understanding, it will be the best way. It happens because the tolerance is a way to refrain from a conflict. Even though the presence of dialogue and tolerance are essential to creating peace, it also has particular obstacles to Muslims. According to Gṻlen, the obstacles are the Muslims’ disagreement with Islam nowdays, and the historical collective memory of non-Muslim and Christians about the bloody tragedy befell them for the treatment of Muslims.
DIYAT SSEBAGAI PENGGANTI QISHAS PADA JARIMAH PEMBUNUHAN SEBAB PEMAAFAN muhammad ihsan
Legalite : Jurnal Perundang Undangan dan Hukum Pidana Islam Vol 1 No 2 (2016): Volume I No. 02 Tahun 2016
Publisher : IAIN Langsa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32505/legalite.v1i2.267

Abstract

The punishment for the perpetrator of murder is not always required qishas, but it can be done with the payment of Diyat in exchange for the Qishas punishment, in some provisions even the victims’s heir is given the right to choose between Qishas or aplogize. Giving forgiveness is the closest heir of the victim such as husband / wife, father, mother, and child (male / female), and also brothers (male / female), uncle, aunt. The consideration of forgiveness is the motivation to gain rewards, alms, penance, the way to taqwa, forgiveness is one of God's commands. The Apology is filed by the murderer himself or his family, it is asked to the guardian of the murder victim. If the family’s victim decides to apologize the murderer, the offender must pay Diyat in accordance with Islamic Law provision.
Perlindungan Hukum Bagi Korban Pemerkosaan dalam Qanun Aceh No. 6 Tahun 2014 Tentang Hukum Jinayat di Mahkamah Syar'iyyah Kota Langsa Zulkarnain dan Azwir
Legalite : Jurnal Perundang Undangan dan Hukum Pidana Islam 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.286

Abstract

Islam regulates legal protection for rape victims in the form of indemnity (as-shadaq) charged by the perpetrator of the dowry of mitsil. In the Criminal Code the legal protection in the form of restitution given to the victims is charged to the perpetrators who do not exceed the limits of his ability, but the country that compensates by considering the ability of the State. In Qanun Aceh No.6 regarding legal protection of victims in the form of restitution listed in Article 58 at most of 400 grams of pure gold, but in practice the mechanism of the procedure of restitution has not been sent to the Syar'iyah court of Langsa, and for compensation and rehabilitation funds, neither the State, the province nor the regions provide funding for such purposes. And for the psychological impact of the rape victim in the Syar'iyah court of Langsa the victim is traumatized, and if the victim recalls the rape she experienced, she often fainted, hit everything with her hand and dangled her head on the wall.
DILEMATIKA TUMPANG TINDIH DEFINISI DALAM QANUN NO. 6 TAHUN 2014 TENTANG QANUN JINAYAT Teuku Dahlan
Legalite : Jurnal Perundang Undangan dan Hukum Pidana Islam Vol 1 No 1 (2016): Volume I No. 01 Tahun 2016
Publisher : IAIN Langsa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32505/legalite.v1i1.290

Abstract

The Aceh government has conducted contemporary ijtihad in defining khalwat and ikhtilath. There is a khalwat and ikhtilath in the hadith of the Prophet, but the meaning of both is limited to two acts that should be shunned and avoided. Ijtihad conducted by the Aceh government seems to want to realize the meaning of khalwat and ikhtilath that can prevent the people of Aceh to commit adultery. Because khalwat and ikhtilath both are ta'zir, both prazine actions that allow for adultery, Both done by two people of different sexes. Both done by two people who do not have mahram bonds, both can occur in open, closed and hidden places. (But khalwat in open places can not be punished). Then the researchers unite the mention of the finger into the experiment of intercourse and redefined as "The act of being in the open or closed between two or more people of different sex not mahram and without marital bond that leads to Adultery without coercion from another party.
KONFLIK ANTAR UMAT TERHADAP KEYAKINAN BERGAMA DI INDONESIA Muhammad Nazaruddin
Legalite : Jurnal Perundang Undangan dan Hukum Pidana Islam Vol 1 No 1 (2016): Volume I No. 01 Tahun 2016
Publisher : IAIN Langsa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32505/legalite.v1i1.291

Abstract

Religion is a kind of social system created by its adherents who process on the non empirical powers it believes and empowers to achieve their salvation. Every religion always carries a mission of peace and harmony of life, not just between people, But also among fellow creatures of God. But in the historical level the religious mission is not always articulate. Besides as a social unifier tool, religion becomes an element of conflict that can give to loss of life and property. Conflict is a squabble; Disagreements; Contradiction. If this word is combined with social terms it becomes a disagreement between members of society who are comprehensive in life. According to conflict theory, society is a state of continuous conflict between groups and classes and tends towards disputes, tensions, and changes. The conflict between Muslims and Christians if analyzed further, is not entirely due to the different conceptions between the two adherents. Political, social, economic, and so on are often detached from observation, so religion is used as a means of legitimizing the aggressive and radical attitudes of the group to one another.
PENERAPAN ASAS OPORTUNITAS DALAM HUKUM PIDANA DI INDONESIA DITINJAU DARI HUKUM ISLAM Salinah salinah
Legalite : Jurnal Perundang Undangan dan Hukum Pidana Islam Vol 1 No 1 (2016): Volume I No. 01 Tahun 2016
Publisher : IAIN Langsa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32505/legalite.v1i1.292

Abstract

Law enforced one of them is to meet the sense of justice. Everyone is equal before the law. In the criminal procedure law we recognize several principles which one of them is the principle of opportunity. The principle of self-participation is not actually mentioned in the Criminal Procedure Code but is implied. Whereas if we look back at previous criminal cases, the principle of opportunism is real applied to some people who are considered influential in this country. Whereas whoever he is he does not have impunity, just like ordinary people. However, there are other considerations in enacting this principle. Which of these considerations is the Attorney-General's authority. Furthermore, if we look from the view of Islamic law, we clearly know that whoever it is, it is equal before God and His law.
SISTEM PIDANA MATI MENURUT HUKUM POSITIF DAN HUKUM ISLAM Faisal Faisal
Legalite : Jurnal Perundang Undangan dan Hukum Pidana Islam Vol 1 No 1 (2016): Volume I No. 01 Tahun 2016
Publisher : IAIN Langsa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32505/legalite.v1i1.293

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 : Jurnal Perundang Undangan dan Hukum Pidana Islam 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.294

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 Nurul Husna
Legalite : Jurnal Perundang Undangan dan Hukum Pidana Islam 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.296

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 Suwaibatul Aslamiah
Legalite : Jurnal Perundang Undangan dan Hukum Pidana Islam 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.297

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).

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