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Yuli Kasmarani
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INDONESIA
Ta'zir: Jurnal Hukum Pidana
Published by Universitas Islam Negeri Raden Fatah Palembang
ISSN : 26151065     EISSN : 2809803X     DOI : https://doi.org/10.19109/ta'zir.v4i2
Core Subject : Religion, Humanities, Social,
Religion Humanities Law, Crime, Criminology & Criminal Justice
Journal of Ta zir criminal law publishes issues of study and practice of law in Indonesia covering several topics related to Islamic Criminal Law criminal law and special criminal law
Arjuna Subject : Ilmu Sosial - Hukum
Articles 53 Documents
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TINJAUAN HUKUM PIDANA ISLAM TERHADAP SANKSI TINDAK PIDANA PEMERKOSAAN PADA ANAK DI BAWAH UMUR (Studi Putusan Nomor 3/Pid.Sus-Anak/2019/PN Msh) Sarika Sarika; Erniwati Erniwati
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.v7i2.20802

Abstract

The crime of rape is often experienced by children who are relatively young (underage). In children, the innocent nature of a child who is unable to predict behavioral tendencies will make it easier for rape crimes to occur. Children who are still very economically and socially dependent on adults are often used as an outlet for their desires. The focus of the study in this thesis is: 1. What is the basis for the judge's considerations in deciding sanctions for the crime of rape of minors (Decision Study Number 3/Pid.Sus-Anak/2019/PN Msh). 2. What is the review of Islamic criminal law regarding sanctions for the crime of rape of minors (Decision Study Number 3/Pid.Sus-Anak/2019/PN Msh). This research uses a normative juridical approach. The data source for this research is primary data consisting of primary legal materials, secondary legal materials and tertiary legal materials. The data collection technique was carried out by means of library research. The results of this research conclude that the Judge's Basic Considerations Number 3/Pid.Sus-Anak/2019/Pn/Msh in cases of rape of minors took into account juridical and sociological considerations by sentencing the defendant to imprisonment for 3 (three) years and 6 (six) months at the Special Child Development Institute (LPKA), and Job Training for 1 (one) month, and a review of Islamic criminal law regarding decision Number 3/Pid.sus-Anak/2019/Pn/Msh is hudud law, where the punishment is included in the Jarimah of adultery, the punishment is being whipped 100 times and exiled for a year. Keywords: Child Rape, Criminal Sanctions, Adultery.
Analisis Normatif Perlindungan Hukum Terhadap Anak Sebagai Korban Kejahatan Pedofilia Widhy Andrian Pratama
Tazir Vol 8 No 1 (2024): 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.v8i1.22072

Abstract

This research aims to find out briefly and simply about legal protection for children as victims of pedophilia crimes. The research method used in this research is: normative legal research. which essentially means that there has been a gap between das sollen and das sein at the level of norms or legal rules that apply in society. so that the law we aspire to cannot function as it should. From this research we can conclude that. Very firm and harsh action is needed in imposing criminal sanctions on perpetrators of pedophilia crimes because they have damaged and taken away the future of the nation's generation. The criminal sanctions can have a deterrent effect and provide healing and treatment for the mental and sexual sexuality of the perpetrator. Keywords: Children, Crime Victims, Pedophelia.
URGENSI PENAMBAHAN MASA JABATAN PIMPINAN KOMISI PEMBERANTASAN KORUPSI PRESPEKTIF HUKUM TATA NEGARA Risma Juliana; Abdul Razak; Eza Tri Yandy
Tazir Vol 8 No 1 (2024): 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.v8i1.22291

Abstract

This research aims to find out what is behind the increase in the term of office of the leadership of the Corruption Eradication Commission in Indonesia. Also, the urgency of increasing the KPK's term of office is viewed from the perspective of constitutional law. This research is normative legal research that uses a case approach with data collection methods through literature study. Based on the research, the results and conclusions obtained are related to the Constitutional Court decision Number 112/PUU-XX/2022 regarding the term of office of the KPK leadership proposed by Nurul Ghufron as deputy chairman of the KPK for the 2019-2023 period. The reason for the request is related to the applicant's age when he was appointed, 45 years old, and when his position ended, he was 49 years old. So he cannot nominate himself as KPK leader for the next period as stated in Article 29 letter (e) of Law Number 19 of 2019. Also, the term of office for KPK leaders is 4 years for re-election for one period in Article 34 of Law No. 30 of 2002 is considered discriminatory regarding the terms of office of heads of other independent state institutions. The applicant feels that his constitutional rights have been violated due to injustice, discrimination and legal uncertainty. This decision is considered not urgent and is not in accordance with the concept of constitutional theory, justice and legal certainty. The age restriction setting is an open legal policy. And increasing the term of office of the KPK is not urgent considering the performance and achievements of the current KPK leadership. Keywords: Urgency of Term of Office, Corruption Eradication Commission, Constitutional Law    
APLIKASI HUKUM PIDANA ISLAM DALAM PENANGGULANGAN PENYALAHGUNAAN NARKOTIKA YANG DILAKUKAN OLEH ANAK DI DESA MENANGA TENGAH KEC. SEMENDAWAI BARAT KAB. OKU TIMUR Munawaroh Munawaroh; Muhammad Rizal; Zuraidah Zuraidah
Tazir Vol 8 No 1 (2024): 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.v8i1.22705

Abstract

Children are an inseparable part of the survival of humans, nations and countries. Children are a trust of Allah SWT who must always be looked after and protected because in children there is inherent honor, dignity and rights as human beings which must be upheld. Recently, 10% of the 835 children in Central Menanga Village have consumed narcotics. Therefore, this research aims to find out two things: First, how to prevent narcotics abuse by children in Central Menanga Village? and Second, How is Islamic Criminal Law Applied in Combating Narcotics Abuse by Children? This research is field research and the type of data used is qualitative data. The data collection technique uses direct interview techniques with informants who are deemed necessary and related to the problem being studied by means of question and answer. The results of the research concluded that overcoming narcotics abuse by children is to provide sanctions against child perpetrators through juvenile justice/diversion, then the community, parents and religious leaders together to provide understanding to children about the dangers of narcotics and eradicate those who use/distribution narcotics. In Islamic criminal law, narcotics abuse by children is included in the category of judimah, therefore the perpetrator can be punished, as an effort to prevent other children from participating and provide education to children who have committed narcotics abuse. The age limit for children aged 7-14 years can be subject to educational punishment (ta'dib), children aged 15 years and over can be subject to qisas, hudud and ta'zir punishments. Keywords: Children, Narcotics Control, Narcotics, Islamic Criminal Law
PENGGUNAAN LAMPU ROTATOR OLEH SATPOL SATUAN POLISI PAMONG PRAJA DI KOTA JAMBI BERDASARKAN UNDANG-UNDANG NOMOR 22 TAHUN 2009 TENTANG LALU LINTAS DAN ANGKUTAN JALAN Relita Putri Ayu; Sayuti Sayuti; Burhanuddin Burhanuddin
Tazir Vol 8 No 1 (2024): 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.v8i1.22823

Abstract

This journal aims to increase public understanding about the use of rotator lights by the Jambi City Satpol PP. Among them are the provisions for the use of rotator lights by the Satpol PP according to law number 22 of 2009 concerning road traffic and trasportation and the level of effectiveness of the use of rotator lights by the Jambi City Satpol PP. this journal uses a legal sociology approach with data collection methods through observation, interviews and documentation. Based on the research conducted, the following results and conclusions were obtained: 1) the use of rotator lights by Satpol PP is regulated in law number 23 of 2014 concerning government, further provisions regalding Satpol PP are regulated in government regulation numer 16 of 2018 concerning police units. Civil service. Law numer 22 of 2009 concerning road traffic and transportation does not clearly regulate the use of rotator lights by satpol PP but only regulates generally the procedures for traffic. 2) the rotator ligh used by the jambi city Satpol PP is very effective in carrying out tasks when in an urgent situation because this rotator light can be a notification for the public to know that when the rotator ligh is turned on that there is a very critical situasion that needs to proritized. Keywords: effectiveness, rotator lights, civil service police unit
ANALISIS SIFAT MELAWAN HUKUM FORMIL TERHADAP PELAKU TINDAK PIDANA KORUPSI BERDASARKAN PASAL 2 DAN PASAL 3 UNDANG-UNDANG NOMOR 20 TAHUN 2001 M DANI FARIZ AMRULLAH; Yuli Kasmarani; Dora Mustika
Tazir Vol 8 No 1 (2024): 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.v8i1.22909

Abstract

Corruption is an urgent problem that must be addressed immediately in order to achieve healthy economic growth. Various records show an increase and development of corruption models that occur. The legal enforcement mechanism for criminal acts of corruption is something that must be paid attention to because it ensures its implementation is correct, fair, there is no arbitrariness and no abuse of power. The focus of discussion in this research is the concept of the nature of being against formal law in criminal acts of corruption in Indonesia, and the existence of the nature of being against formal law in criminal acts of corruption at this time. This research uses a normative juridical approach, namely by analyzing library materials or secondary data consisting of legal texts, court decisions, official documents and other legal literature. This research concludes that the concept of the nature of being against formal law in articles 2 and 3 of Law Number 20 of 2001 concerning criminal acts of corruption in Indonesia is if the act violates social norms, norms of decency or ethics, moral norms and has violated propriety. prudence and necessity adhered to in person-to-person relationships in society. After the Constitutional Court decision Number: 25/PPU-XIV/2016, formal offenses were changed to material offenses. The deletion of the word "can" from the formulation of the two norms of Article 2 paragraph (1) and Article 3 of the PTPK Law, requires that the element of state loss must be proven first to determine someone as a suspect so that it will provide legal certainty in the law enforcement process in the field of criminal acts of corruption in Indonesia. Keywords: Corruption, Unlawful Characteristics, State Financial Losses
PENERAPAN ASAS HUKUM PIDANA ISLAM DALAM PENGGUNAAN CASE MANAGEMENT SYSTEM (CMS) MENURUT INSTRUKSI KEJAKSAAN AGUNG NOMOR 3 TAHUN 2020 (Studi Kejaksaan Negeri Banyuasin, Sumatera Selatan) Khairunnisa Khairunnisa; Atika Atika; Erniwati Erniwati
Tazir Vol 8 No 1 (2024): 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.v8i1.23549

Abstract

The case handling process at the Prosecutor's Office utilizes information technology in the form of a case management system application. This is a change to the system which previously used a manual system and moved to using Information Technology. This is stated in Attorney General's Instruction Number 3 of 2020. However, in its implementation it has its own obstacles for implementers. The focus of the research is the mechanism for using the case management system application at the Banyuasin District Prosecutor's Office, and how to apply the principles of Islamic criminal law in using the case management system application at the Banyuasin District Prosecutor's Office. This research is empirical normative research, data sources were obtained through direct interviews with research objects, then processed using qualitative descriptive data analysis techniques. The research results show that the mechanism for using the case management system application at the Banyuasin District Prosecutor's Office is in accordance with the SOP that has been determined in the Regulation of the Attorney General of the Republic of Indonesia Number Per-036/A/JA/09/2011, which consists of the stages of pre-prosecution, prosecution, legal action until execution. The application of the principles of Islamic criminal law in the publication system for the case handling process using the CMS application has largely been carried out well and is in accordance with existing general criminal law, however in practice the implementation process in terms of the principle of expediency and the principle of deliberation has not been implemented well. Keywords: Criminal Justice System, Case Management System, Attorney General's Instructions, Principles of Islamic Criminal Law.
PANDANGAN HUKUM PIDANA ISLAM DAN HUKUM POSITIF TERHADAP EKSPLOITASI LANSIA PENGEMIS ONLINE Yuli Kasmarani; Muhammad Torik; Rian Saputra
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.v7i1.24081

Abstract

This research aims to analyze the phenomenon that occurred during the Covid-19 pandemic which required people to work to make money without having to interact directly in the real world. This is the basis for the emergence of creative ideas for content creators to use social media to earn money. As happened recently, content creators use elderly people to become actors in a live streaming video on TikTok media. If seen from the content creator's point of view, it is very profitable, because when the video goes viral and can attract the sympathy of the audience, the audience will not hesitate. to give gifts. It's different for the elderly actor who takes extreme measures such as soaking in dirty water and mud for hours just to get sympathy and gifts. The focus of the research is the views of Islamic criminal law and positive law regarding the exploitation of elderly beggars online. This research is library research or what is called normative juridical. The data source used is secondary data. The data collection technique used is document or literature study, then the data is analyzed descriptively qualitatively. The results of the research show that in Islamic criminal law the content creator has committed slavery which ignores the health of the elderly in order to gain profit, so that he can be subject to ta'zir sanctions, namely sanctions given by Ulil Amri or the government. Meanwhile, from a positive legal perspective, perpetrators/content creators of online exploitation of elderly beggars can be sentenced to imprisonment for a minimum of 3 years, a maximum of 15 years. And a fine of at least Rp. 120,000,000.00 (one hundred and twenty million rupiah) and a maximum of Rp. 600,000,000.00 (six hundred million rupiah). Keywords: Exploitation, Elderly, Online Begging, Islamic Criminal Law, Positive Law.
KEDUDUKAN ASAS HUKUM DI INDONESIA : DINAMIKA PEMBENTUKAN PERATURAN PERUNDANG-UNDANGAN Ari; Khatimul Fitri; Norman
Tazir Vol 8 No 2 (2024): 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.v8i2.25471

Abstract

Legal principles are the fundamental guidelines in the formation of laws and regulations. This study aims to analyze the position of legal principles in the dynamics of law-making in Indonesia, as well as the impact of the application or neglect of legal principles on the quality and legitimacy of the resulting regulations. The research method used is normative legal research with a descriptive approach, which examines legal principles in law-making based on Law No. 12 of 2011 and related regulations. The research findings indicate that legal principles play a central role at every stage of law-making, from drafting to enactment. The application of legal principles such as legal certainty, justice, and transparency can improve the substance of regulations, strengthen legal legitimacy, and enhance public trust in the legal system. Conversely, neglecting legal principles can diminish the quality of regulations, reduce implementation effectiveness, and lead to public dissatisfaction that may result in social conflicts. This study emphasizes the importance of consistent application of legal principles in law-making to create a fair and responsive legal system.
Cybersquatting Actions on Domain Name Trademark Rights as the Internet Web Maulidi, Thoriq Jinan; Sugiri, Bambang; Ruslijanto, Patricia Audrey
Tazir Vol 8 No 2 (2024): 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.v8i2.25573

Abstract

In this ever-evolving digital era, domain names have become a valuable asset for organizations, trademarks and individuals. A domain name is not only an online address, but also an identity that reflects a brand image and facilitates communication and interaction in the internet world. However, the practice of cybersquatting has become a serious threat to trademark owners and the stability of the internet ecosystem. Currently domain names are regulated in articles 23 and 24 of the ITE Law, but these articles do not explain dispute resolution. Then it is also regulated in the MIG Law. This study uses the dogmatic research method and also uses the case approach method, laws and also a comparison of legal systems. The results of this study are that the holder of the rights to the first registering domain name trademark must have a legal protection regulated in Law Number 20 of 2016 concerning Marks and Geographical Indications. Domain name violations related to brands are the duty of PANDI (Indonesian Domain Name Manager). Furthermore, regarding the dispute that occurred above. The parties can resolve it through 2 channels, namely through litigation and also through non-litigation. Where if the parties choose the non-litigation route, it can be done through PPDN (Domain Name Dispute Settlement) formed by PANDI and can also go through arbitration which according to both parties can resolve this dispute properly

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