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PENYEBARAN SPOILER DI MEDIA TIKTOK TERHADAP FILM SPIDERMAN: NO WAY HOME PERSPEKTIF HUKUM PIDANA ISLAM Puji Setyaningtias; Atika Atika
Tazir Vol 7 No 1 (2023): Ta'zir: Jurnal Hukum Pidana
Publisher : Universitas Islam Negeri Raden Fatah Palembang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.19109/tazir.v7i1.17714

Spiderman: No Way Home will be released on December 15, 2021. Spoilers for this film are circulating on the internet, especially on the Tiktok application which is currently being used. The problem with this spoiler, the author found accounts that spread spoilers for the Spiderman: No Way Home movie by uploading snippets of the film on Tiktok media. This is where the formulation of the problem emerges as follows: 1) How is the crime of spreading spoilers on Tiktok media in the case of the Spiderman: No Way Home film? 2) How does Islamic criminal law review the spread of spoilers on Tiktok in the case of the Spiderman: No Way Home film? This research is a normative juridical research. The research method in this study is through a library research approach, with the data used are secondary data, and the sources of data taken in this study are primary, secondary and tertiary legal materials. The data collection is carried out by literature study of legal materials obtained from data that has been processed and obtained from research results, then collected, read, recorded and described by inductive thinking, namely from general to specific questions so that the results are presented. research results can be easily understood. Based on the results of this thesis research, it can be concluded that: 1) The crime of spreading spoilers in the Tiktok media against the Spiderman no way home case is a cyber crime in the form of offense against intellectual property, namely a crime against intellectual property rights. Spoiler actions violate article 32 of the ITE Law, because spoilers are categorized as "transmission" actions and the sanctions are a maximum imprisonment of eight years and/or a fine of two billion, as regulated in article 47 of the ITE Law. 2) A review of Islamic criminal law on the spread of spoilers on Tiktok media in the case of the film Spiderman: No Way Home, namely that spoilers are the act of taking other people's work without permission or plagiarism. Plagiarism can be categorized as an act of theft. So in Islamic crime the sanction for the perpetrator is cutting off his hand as in the letter Al-Maidah verse 38. However, the theft in the form of spoilers does not meet the conditions for the hadd punishment, thus requiring the ta'zir punishment. Keywords: Spread, Spoiler, Tiktok

PRAKTEK PENEGAKAN HUKUM OLEH POLDA SUMSEL DALAM MENANGANI KASUS PENCURIAN DENGAN KEKERASAAN antoni antoni; anjeli anjeli
Tazir Vol 7 No 1 (2023): Ta'zir: Jurnal Hukum Pidana
Publisher : Universitas Islam Negeri Raden Fatah Palembang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.19109/tazir.v7i1.17744

"Law Enforcement Practices by the South Sumatra Regional Police in handling cases of theft with violence". Theft with violence is a crime that is prohibited in Indonesian law as well as in Islamic law. The formulation of the problem raised in this study is how law enforcement is carried out by the South Sumatra Regional Police against perpetrators of criminal acts of theft with violence, and how is the review of Islamic Criminal Law on law enforcement carried out by the Regional Police of South Sumatra against perpetrators of criminal acts of theft with violence . he purpose of this study is to determine law enforcement carried out by the South Sumatra Regional Police against perpetrators of criminal acts of theft with violence, as well as to find out the review of Islamic Criminal Law on law enforcement carried out by the Regional Police of South Sumatra against perpetrators of criminal acts of theft with violence. The method used in this research is empirical juridical research method, empirical juridical research is field research by observing what happens in the field. As for the results of this study, it can be seen that law enforcement is carried out by the Regional Police of South Sumatra against criminal acts of theft with violence, namely in 2 ways, namely preventive efforts with the aim of preventing the occurrence of a crime and repressive efforts, namely a form of action or disclosure of cases against the perpetrators. criminal acts related to theft with violence. As for the review of Islamic Criminal Law on law enforcement carried out by the Regional Police South Sumatra, namely by being subject to sanctions in the form of cutting off hands, being killed or crucified or exiled from their place of residence, according to their actions. Keywords: Law Enforcement, Theft with Violence, South Sumatra Regional Police.

TINJAUAN HUKUM PIDANA ISLAM TERHADAP PELAKU PENYERTAAN TINDAKPIDANA ABORSI DALAM PUTUSAN NOMOR PERKARA 1106/PID.SUS/2018/PN.PLG mega aini; M Tamudin; Jumanah Jumanah
Tazir Vol 5 No 2 (2021): Ta'zir: Jurnal Hukum Pidana
Publisher : Universitas Islam Negeri Raden Fatah Palembang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.19109/tazir.v5i2.17901

Based on the division ofcrime ta'zir above, helping to perform abortion is included in the first category ofcrime ta'zir , namely the criminal act of hudud or qisas which is confirmed by the Koran and hadith, but the conditions are not fulfilled by syubhat. The defendant in this case did not have a complete abortion, it was just that the defendant had already given an injection and also gave medicine to drink so that the fetus in the womb could fall. The data source used is secondary data which consists of three parts, namely, primary legal materials, secondary legal materials and tertiary legal materials. Primary legal materials are binding legal materials in the form of Al-Qur'an and Hadith, the 1945 Constitution, and applicable regulations. The results of the research show that the perpetrator of a criminal act helped to carry out an abortion in decision number 1106 / Pid.sus / 2018 / PN.Plg. sentenced to imprisonment for 4 (four) years and revoked license to practice, because it has been proven to have committed a criminal act of assisting attempted abortion in accordance with the facts in the trial, the testimony of witnesses, the testimony of the defendant, taking into account the evidence presented and examined at trial, factors relating to matters that incriminate and relieve the defendant. And analysis of Islamic criminal law against abortion cases help conduct experiments included in the category jarimah ta'zir derived from jarimah hudud or qishas, but its conditions are not met by doubtful. So the imposition of the punishment is left to the government / state authorities (ulil amri). Keywords: Inclusion, Abortion, Decision

PERAN KEPOLISIAN DALAM MENANGGULANGI TINDAK PIDANA PENGANIAYAAN DITINJAU DARI HUKUM PIDANA ISLAM (STUDI KASUS DI KEPOLISIAN SEKTOR PEMULUTAN KABUPATEN OGAN ILIR) zoliya atina; Armasito Armasito
Tazir Vol 7 No 1 (2023): Ta'zir: Jurnal Hukum Pidana
Publisher : Universitas Islam Negeri Raden Fatah Palembang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.19109/tazir.v7i1.18231

ABSTRACT Crime is an act that often occurs in the community, one of which occurs in the Legal Area of the Pemulutan Police. This is very disturbing and disturbing the problems and security of the community. Therefore, the role of the police is needed to make countermeasures in order to minimize the acts of persecution that occur. The formulation of the problem in this study is how the role of the police in tackling criminal acts at the Pemulutan Police of Ogan Ilir Regency and how Islamic criminal law is on the role of the Police in tackling criminal acts at the Pemulutan Police of Ogan Ilir Regency. The method used in this research is empirical juridical with qualitative type. The conclusion of this study is that the role of the police in tackling criminal acts at the Polsek Pemulutan is carried out with two efforts, namely preventive efforts and repressive efforts. Prevention is carried out in the form of general efforts, namely socialization of the culture of prohibiting violence, increasing happiness, and the dangers of drug and alcohol efforts. Then repressive efforts are tackling the case settlement process from the investigation and investigation of the Public Prosecutor's case to resolve the trial problem and the settlement of case settlement with a peace system (restorative justice) and the settlement of case settlement. Then the second is that the role of the police in tackling criminal acts at the Pemulutan Police of Ogan Ilir Regency is carried out in accordance with Islamic criminal law as has been implemented by Rasulullah SAW in terms of law, which aims to carry out amar ma'ruf nahi munkar and to achieve the objectives of criminal law. Islam as it can maintain life as Maqāsid Ash-Syarī'aḥ or Al-Maqasid Al-Khomsah, namely hif annafs (maintaining the soul), Hifzh-dīn (maintaining religion), hif-'aql (maintaining reason), hifzh an-nasb (maintaining offspring) and hifz al-māl (maintaining property). Keywords: Islamic Criminal Law, Countermeasures, Role of Police, Crime of Persecution

RESTORATIF JUSTICE PADA KASUS KEKERASAN DALAM RUMAH TANGGA MENURUT PERSPEKTIF HUKUM PIDANA ISLAM Ahmad Syairafi Al Ayyubi; erniwati erniwati
Tazir Vol 7 No 1 (2023): Ta'zir: Jurnal Hukum Pidana
Publisher : Universitas Islam Negeri Raden Fatah Palembang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.19109/tazir.v7i1.18384

Restorative Justice is a settlement process that is carried out outside the criminal justice system by involving victims, perpetrators, families, communities and parties involved in this case in domestic violence cases in order to achieve agreement and peace between the parties. The number of cases that appear in the news is proof that there is still a lot of domestic violence that occurs in Indonesia, while the efforts made to solve the problem of domestic violence are through restorative justice. The main point of study in this research is how to stop the prosecution of husbands who commit domestic violence cases according to Perja Number 15 of 2020 and the views of Islamic criminal law on stopping prosecution of husbands who commit domestic violence cases. The purpose of this study is to find out the termination of criminal cases against husbands of domestic violence perpetrators according to restorative justice according to Perja Number 15 of 2020 and to find out the perspective of Islamic criminal law regarding stopping prosecution of husbands of perpetrators of domestic violence regarding restorative justice. This type of research uses normative juridical research with qualitative methods to analyze legal principles and theories and uses secondary data sources in collecting the necessary data. The results of this study are that the Termination of Prosecution for the husband of the perpetrator of a domestic violence case is further regulated in the Prosecutor's Office Regulation Number 15 of 2020. The prosecutor's office can legally and properly invite the victim to reconcile by stating the reason for the summons (Articles 7 & 8 Perja Number 15 of 2020). And the reconciliation process is carried out voluntarily without pressure and threats (Article 9 Prosecutor's Regulation No. 15 of 2020) in the event that the victim and the defendant reach an agreement to make peace which is recorded before the Prosecutor's Office (Article 10 of the Prosecutor's Regulation No. 15 of 2020). The perspective of Islamic criminal law restorative justice in the prosecutor's regulation is in accordance with the concept of islah in Islamic criminal law. Where the husband of the perpetrator of domestic violence tries to apologize to the victim & promises not to repeat his actions. Keywords: Domestic Violence, Restorative Justice, Islamic Criminal Law.

PENERAPAN ASAS DIVERSI DALAM SISTEM PERADILAN PIDANA ANAK TERHADAP ANAK-ANAK YANG MELAKUKAN TINDAK PIDANA PENCURIAN antoni antoni
Tazir Vol 7 No 2 (2023): Ta'zir: Jurnal Hukum Pidana
Publisher : Universitas Islam Negeri Raden Fatah Palembang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.19109/tazir.v7i2.20082

ABSTRACT Handling children in conflict with the law is often equated with handling criminal acts committed by adults in general. In order to tackle juvenile delinquency (delinquency), legally in Indonesia it has been regulated in various kinds of laws and regulations. One of them is Law Number 3 of 1997 concerning the Juvenile Justice System, the presence of this law is considered to be more likely to use formal jurisprudence by emphasizing retributive punishment. The paradigm of arrest, detention and imprisonment of children has the potential to limit freedom and deprive children of their independence. However, over time criminal cases committed by children in conflict with the law can be resolved using a new mechanism, namely the Diversion system adopted from The Beijing Rules which uses a restorative justice approach. So in this article the author will examine further how to apply the concept of diversion in the juvenile criminal justice system in Indonesia, especially in dealing with the crime of theft where the perpetrators are children. This type of research is of a normative juridical nature to examine laws and regulations in the Juvenile Criminal Justice System, especially the application of the principle of diversion. The type of data used is qualitative data and the data sources used are secondary data using an approach to legal material sources, namely: primary, secondary and tertiary. The results of the research concluded that the application of the diversion principle in the juvenile criminal justice system, especially the resolution of criminal acts of theft committed by children, is carried out with an agreement between the parties involved and expressed in the form of a decision. Prior to this determination, diversion had first been attempted. With this diversion, efforts are made for mediation that will lead to a peace (accord) or settlement between the perpetrator and the victim in accordance with the losses incurred, this is considering that the future of the child is prioritized as the next generation and considering that psychologically children are still not worthy of dealing with the law. Keywords: Diversion, Juvenile Criminal Justice System, Theft.

PENGATURAN PEMBEBASAN BERSYARAT BAGI PELAKU TINDAK PIDANA KORUPSI DI INDONESIA DALAM UNDANG-UNDANG NO 22 TAHUN 2022 TENTANG PEMASYARAKATAN MENURUT PERSPEKTIF HUKUM PIDANA ISLAM Yunita Yunita; Rina Antasari; Armasito Armasito
Tazir Vol 7 No 2 (2023): Ta'zir: Jurnal Hukum Pidana
Publisher : Universitas Islam Negeri Raden Fatah Palembang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.19109/tazir.v7i2.20459

ABSTRACT Conditional release arrangements for perpetrators of corruption in Indonesia are in Law No. 22 of 2022 concerning Corrections, from the perspective of Islamic criminal law. The criminal act of corruption in Indonesia is an extraordinary crime, which must also be dealt with in an extraordinary manner. However, the existence of this law provides legal relief in the form of parole without exception for all criminal acts. So that there were pros and cons among the people when this law was enacted. In this paper, two formulations of the problem will be discussed, namely: First, how to regulate parole for perpetrators of corruption in Indonesia in Law No. 22 of 2022 concerning Corrections. Second, what is the perspective of Islamic criminal law regarding the conditions for parole for perpetrators of corruption in Indonesia. The method used in this research is library research. This research is a collection of data, information, or information obtained from the results of data collection. In the form of library data such as books, articles, notes, journals, laws and so on. Then, it is analyzed so that conclusions are drawn from the results of the study. Conditional release for perpetrators of corruption in Law No. 22 of 2022 concerning Corrections. It has been set and implemented according to the applicable regulations. However, the criminal act of corruption must be prosecuted as an extraordinary crime, because from the side of justice it is contrary to legal justice, legal certainty, and the usefulness of law. Sanctions for perpetrators of corruption are a typical form of crime whose scope can range from the simple to the heaviest levels and have massive consequences, so takzir laws can be applied such as putting corruptors on the list of disgraceful persons, dismissing them from their positions, alienating them from the public, confiscating assets twice as much. from the proceeds of corruption crimes, even the death penalty according to the level of corruption crimes committed and the negative consequences that arise. takzir concept related to parole in Islamic law. Takzir punishment is an educational punishment for sinful acts (immorality) whose punishment has not been determined by syara'. The simple meaning of the takzir punishment is a punishment that has not been determined by syara' but is left to the government both for its determination and its implementation. Keywords: Islamic Criminal Law, Waste, Enforcement, Environmental Pollution, Crime.

OPTIMALISASI OPERASI RAZIA MESUM DI KOST-KOSTAN OLEH SATUAN POLISI PAMONG PRAJA KOTA PALEMBANG DALAM PERSPEKTIF HUKUM PIDANA ISLAM Putri Ardiana; Atika Atika
Tazir Vol 7 No 2 (2023): Ta'zir: Jurnal Hukum Pidana
Publisher : Universitas Islam Negeri Raden Fatah Palembang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.19109/tazir.v7i2.20463

ABSTRACT Acts or criminal acts that have recently occurred both among the general public and adolescents in the lecture environment and must be accounted for in accordance with the principle of legality, namely one of the immoral crimes. There are various kinds of immoral crimes, one of which is immoral acts in boarding houses and lodging. This is not an open secret among the public, but there are many teenagers who do it. Obscene acts committed by a pair of humans outside of a legal marriage relationship, it can be said to be adultery. The research method used is the field type method, namely Empirical Jurisdiction by using data collection techniques through field research (Field Research). The results of the research revealed that violators could be subject to punishment based on article 9 of Palembang City Regional Regulation number 2 of 2004 concerning the eradication of prostitution. According to Islamic Criminal Law, the punishment for violators of obscene acts is jarimah fornication. Adultery is divided into two, namely adultery muhsan, given the punishment of stoning and stoned to death, while fornication ghairu muhsan, given a hundred lashes and exiled to a place far from the population. Keywords: Optimization, Civil Service Police Unit, Nasty Raids Operation.

PENEGAKAN HUKUM TERHADAP TINDAK PIDANA PENCEMARAN LINGKUNGAN HIDUP (DI DESA PUSAR KECAMATAN BATURAJA BARAT KABUPATEN OGAN KOMERING ULU) Olivia Sianura; M Tamudin
Tazir Vol 7 No 2 (2023): Ta'zir: Jurnal Hukum Pidana
Publisher : Universitas Islam Negeri Raden Fatah Palembang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.19109/tazir.v7i2.20464

ABSTRACT The background of this research is that cement mining activities by PT Semen Baturaja aim to meet the national demand for cement, especially in the South Sumatra region. This activity is actually in the context of fulfilling the State's duties in the welfare of the people, however this mining activity has an impact on the environment and the community around PT Semen Baturaja. Among the negative impacts are the reduced water reserves, the amount of dust caused by mining activities around Navel Village. This background inspired the writer to conduct research with the title "Law Enforcement Against Criminal Acts of Environmental Pollution (In Pusar Village, West Baturaja District, Ogan Komering Ulu District). The formulation of the problem in this research is 1. How is Law Enforcement Against Environmental Pollution Crimes (in Pusar Village, Baturaja Barat District, Ogan Komering Ulu Regency) 2. What is the perspective of Islamic Criminal Law in Enforcement of Environmental Pollution (in Pusar Village, Baturaja Barat District, Ogan Regency Komering Ulu). The method used in this research is normative-empirical with a qualitative approach. Observation data collection techniques, interviews, and literature study. The data analysis technique in this study uses a qualitative descriptive method with an inductive mindset that is arranged systematically, so that it becomes concrete data regarding the criminal act of environmental pollution by PT Semen Baturaja. The data source for this research is primary data, namely information derived from interviews and direct observation of research locations, while secondary data is data obtained from documentation or literature to complement primary data. Based on the results of this study, the authors conclude that law enforcement against criminal acts of environmental pollution (in Pusar Village, Baturaja Barat District, Ogan Komering Ulu Regency, is not running as it should, only subject to administrative sanctions, due to difficulty linking the perpetrators with little evidence and lack of concern the community towards the surrounding environment, while responsibility in the form of (CSR) is not optimally given Islamic Criminal Law Perspectives on criminal acts of environmental pollution in Pusar Village, Baturaja Barat District, Ogan Komering Ulu Regency, are given sanctions in the form of ta'zir where the punishment and levels are returned to judges whose purpose is to educate and provide a deterrent effect on perpetrators who pollute the environment. Keywords: law enforcement, crime, environmental pollution

REFORMASI KEBIJAKAN HUKUM PIDANA TERHADAP PELAKU PEDOFILIA DALAM PERSPEKTIF SIYĀSAH TASYRI’IYYAH Imam Hafas; Yuli Kasmarani
Tazir Vol 7 No 2 (2023): Ta'zir: Jurnal Hukum Pidana
Publisher : Universitas Islam Negeri Raden Fatah Palembang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.19109/tazir.v7i2.20544

Cases of sexual violence against children are a serious problem that can have lasting effects, both physically and psychologically. To minimize and prevent this, the government has made changes in determining penalties for perpetrators of sexual violence against children (pedophilia) to deter and fear them. This research is a library study regarding changes in criminal law policy for pedophilia perpetrators from a siyāsah tasyri'iyyah perspective using a juridical-normative method and primary and secondary sources that are descriptive-analytic in nature and analyzed using a juridical-normative approach based on state theory. law, criminal law policy, and siyāsah tasyri'iyyah. The results of the research can be concluded that the changes in criminal law that occurred in Indonesia were adapted to the social conditions of society, namely in the view of siyāsah tasyri'iyyah, in making changes to criminal law policy pedophiles have realized the values of the Qur'an and Sunnah. This policy change is also a form of government responsibility in protecting human rights. Keywords: Pedophilia, Criminal Law Policy, Siyāsah Tasyri'iyyah.

Home Page

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Contact

Reviewer

Google Scholar

Contact Name
Yuli Kasmarani

Contact Email
jurnaltakzir_hpi@radenfatah.ac.id

Phone
+6281212627379

Journal Mail Official
yulikasmarani_uin@radenfatah.ac.id

Editorial Address
Jl. Prof. K. H. Zainal Abidin Fikri, Pahlawan, Kec. Kemuning, Kota Palembang, Sumatera Selatan 30151

Location
Kota palembang,

Sumatera selatan

INDONESIA

Abstract

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Home Page

OAI Link

Editorial Team

Contact

Reviewer

Google Scholar

Contact Name Yuli Kasmarani

Contact Email jurnaltakzir_hpi@radenfatah.ac.id

Phone +6281212627379

Journal Mail Official yulikasmarani_uin@radenfatah.ac.id

Editorial Address Jl. Prof. K. H. Zainal Abidin Fikri, Pahlawan, Kec. Kemuning, Kota Palembang, Sumatera Selatan 30151

Location Kota palembang, Sumatera selatan INDONESIA

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Contact Name
Yuli Kasmarani

Contact Email
jurnaltakzir_hpi@radenfatah.ac.id

Phone
+6281212627379

Journal Mail Official
yulikasmarani_uin@radenfatah.ac.id

Editorial Address
Jl. Prof. K. H. Zainal Abidin Fikri, Pahlawan, Kec. Kemuning, Kota Palembang, Sumatera Selatan 30151

Location
Kota palembang,

Sumatera selatan

INDONESIA