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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 61 Documents
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SANKSI PIDANA BAGI PELAKU TERORISME DALAM PERSPEKTIF HUKUM PIDANA ISLAM Finka Safira, Mutiara; Barkah, Qodariah; Jumanah, Jumanah
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.v8i2.25729

Abstract

Terrorism is an extraordinary crime and sanctions must also be extraordinary because acts of terrorism are politically motivated and the targets of terrorism can be civilian or non-civil, acts of terrorism are aimed at intimidating and influencing government policies, and acts of terrorism are carried out through acts that do not respect international law and ethics. However, in the decision Number: 5/Pid.Sus/2022/PT DKI, the defendant Taufiq Bulaga was only exiled for 19 years. Therefore, the researcher is interested in analyzing the Judge Decision Number: 5/Pid.Sus/2022/PT DKI in the Perspective of Islamic Criminal Law. This research is a library research, which is research conducted by examining library materials in the form of books, books, journals, and other sources. The technique in this study is a literature study, while the data collection is a secondary approach. The research approach used is an empirical normative approach, namely with a library research approach, which is a form of research whose data is obtained from the library. At this stage, the researcher seeks the theoretical basis of the research problem so that what is carried out is not a "trial and error" activity. Based on the results of the research, it was concluded that Decision Number: 5/Pid.Sus/2022/PT DKI according to the Islamic Criminal Law is a sentence of exile for the defendant Taufiq Bulaga, including in the act of hirabah where the defendant received a sentence of 19 years. In Islamic criminal law, participation in or direct commission of this criminal act of terrorism is not justified, because in essence it contains elements of dzoliman against fellow human beings. The defendant's motive for participating in the bombing was an element of revenge from the defendant because his family died during the bombing in Poso. While in Islam this is not justified. Because in Islam it is explained that between fellow humans must love each other and also stay in touch. So that there is a help in a good deed. Keywords: Sanctions, Terrorism, Islamic Criminal Law.
PENEGAKAN HUKUM TINDAK PIDANA PENGGELAPAN PERSPEKTIF HUKUM POSITIF DAN HUKUM ISLAM Azzahro, Fatima; zahro, Fatima; Rosyadi, Moh. Imron
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.v8i2.25820

Abstract

The crime of embezzlement is the act of taking or receiving property belonging to another person without the owner's consent, which not only violates the law but also has a negative impact on the economy and society. This crime is regulated in Articles 372–377 of the Criminal Code (KUHP), which is included in the category of criminal offenses in the Second Book on Crime. Embezzlement is a type of crime that often occurs in various fields and is committed by perpetrators from various levels of society, both from the lower and upper classes. This criminal act generally begins with the trust given to someone, but this trust is betrayed due to weak integrity and honesty. In Islamic law, embezzlement is similar to the concept of ghulul, although the regulations regarding this criminal act are not explicitly mentioned in the Koran and Hadith. This research aims to examine the crime of embezzlement from the perspective of positive law and Islamic law, using normative data as analysis material. The results of this research provide an understanding of the law enforcement mechanisms related to embezzlement from both perspectives. Apart from that, it is hoped that this study can contribute to efforts to prevent embezzlement in society by instilling the value of honesty and strengthening the applicable legal system.
PENANGGULANGAN KECELAKAAN PENYEBERANGAN  KERETA API DI JALAN  RUMAH TUMBUH MUARA ENIM DALAM PERSPEKTIF HUKUM PIDANA ISLAM Lasmini, Lasmini; Tamudin, M
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.v8i2.26777

Abstract

The frequent occurrence of accidents at railway crossings requires government policy, in this case preventative response, considering that this concerns the lives of other people who must be saved in accordance with the government's duty to protect the entire Indonesian nation and all of Indonesia's bloodshed. Therefore, the researcher considers the need for this research as follows: Handling train crossing accidents on Jalan Rumah Grow Muara Enim from the perspective of Islamic Criminal Law, with two problem formulations, namely, handling train crossing accidents on Jalan Rumah Growing Muara Enim, from an Islamic Criminal Law perspective. towards overcoming train accidents on Jalan Rumah Growing Muara Enim. The research method uses field research. This research was carried out by researching directly at the location to get correct information about what happened at the railroad crossing on Jalan Rumah Grow. The results of this research are that handling accidents at train crossings in Islamic Criminal Law and PT Kereta Api Indonesia both use preventive measures, meaning taking precautions before an accident occurs by instilling discipline (obeying regulations), because regulations are made by the government for problems. People must follow this especially when driving to maintain the safety of their lives. Keywords: Accident Management, Train Crossing, Islamic Criminal Law.
REVIEW OF ISLAMIC CRIMINAL LAW ON THE ABUSE OF KOMIX COUGH MEDICINE (CASE STUDY OF TELUK PAYO VILLAGE) Saputra, Mansyur Saputra; Yusida Fitriyati; Muhamad Sadi Is
Tazir Vol 9 No 2 (2025): 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.v9i2.27879

Abstract

The abuse of illegal drugs is a serious challenge faced by the Indonesian people, including the abuse of Komix cough medicine containing dextromethorphan. The absence of laws regulating the prohibition of consuming and selling komix cough medicine, as well as the lack of public understanding of the classification of narcotics, leads to the erroneous assumption that only substances such as shabu, marijuana, and ecstasy are included in narcotics, so this phenomenon is interesting to review in Islamic criminal law. This study aims to identify the factors of Komix cough medicine abuse in Teluk Payo Village and review the case from the perspective of Islamic criminal law. This research is an empirical juridical research that manages and analyzes qualitative data obtained from interviews and literature studies, then the data is described in a qualitative descriptive manner so as to obtain conclusions that can be understood by the reader. The results of the study showed that Komix abuse was influenced by internal factors (personality and family) as well as external factors (environment and association). From the perspective of Islamic criminal law, the use of Komix for intoxicating purposes is equated with khamr which is prohibited because it can damage reason and health, so that the perpetrator can be subject to hudud sanctions in the form of dera.
RESTORATIVE JUSTICE IN THE NEW CRIMINAL CODE AS A MANIFESTATION OF PROPHETIC LAW VALUES AND PANCASILA Sugiarto, Bagas Tri
Tazir Vol 9 No 2 (2025): 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.v9i2.28732

Abstract

This research aims to explain the extent to which the principle of restorative justice in the 2023 Criminal Code reflects prophetic legal values and how their implications are for the practice of Pancasila values. This study adopts a normative juridical methodology combined with a descriptive-analytical approach. Data is collected through literature review including primary, secondary, and tertiary legal sources, and then processed qualitatively. The results show that the application of restorative justice in the 2023 Criminal Code is in line with three main values in the prophetic legal framework, namely the dimensions of divinity, humanity, and justice. This approach also reflects the practice of Pancasila values, especially in upholding human dignity, deliberation, and social justice. Thus, the 2023 Criminal Code not only represents the renewal of the national criminal law, but also becomes a forum for humanist and transformative legal transformation based on the noble values of the nation.
THE JUDGE'S CONSIDERATION OF THE CHILD AS THE PERPETRATOR OF SEXUAL VIOLENCE THAT RESULTED IN THE VICTIM'S DEATH: AN ANALYSIS OF DECISION NUMBER 50/PID. SUS-ANAK/2024/PN PLG & 51/PID. SUS-ANAK/2024/PN PLG Setiawan, Muhammad Bukhori
Tazir Vol 9 No 2 (2025): 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.v9i2.28734

Abstract

This article seeks to achieve two objectives: first, to analyze the various legal frameworks that govern the treatment of children in such cases, and second, to identify the factors that the court considers when deciding a child offender to be guilty of sexual violence resulting in death. This research focuses on two court decisions: Decision Number 50/Pid.Sus-Anak/2024/PN Plg and Decision Number 51/Pid.Sus-Anak/2024/PN Plg. The research approach used is normative juridical, and involves an analytical descriptive methodology. Judges considered the age, role, and opinions of community counselors when making decisions about ABH cases, according to the study. The principles of restorative justice and the best interests of children as outlined in the Law on the Juvenile Criminal Justice System are the basis of the decision.
ASPECTS OF ISLAMIC CRIMINAL LAW IN REALIZING A CORRUPTION-FREE INDONESIA Pasyah, Taroman; Nashriana, Nashriana; Ikhsan, Rd. Muhammad; Taslim, Taslim
Tazir Vol 9 No 2 (2025): 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.v9i2.31249

Abstract

As an extraordinary crime, and which can damage the state system, and can endanger the survival and life of the community. Corruption is a complex phenomenon that has a number of causative factors, as reported by the  KPK website there are two factors that cause corruption crimes, namely, internal and external factors. Internal factors are factors that come from oneself. While external factors are factors that come from outside oneself. The rampant criminal act of corruption, with the weak laws and regulations, so that it becomes an entrance for corrupt perpetrators to launch their actions by committing corruption crimes in the country. Even though many efforts have been made by the state, corruption is still increasing both in terms of the quantity of cases and even the quality of corruption crimes that occur tend to be more systematic, more widespread in almost all aspects of people's lives. Departing from the rampant crime of corruption, it is time for the government and law enforcement officials to examine other sources and legal systems in the current national legal system. This research is a normative research that examines the system and sources of law in Islamic law, as a step to realize a corruption-free Indonesia, using the principles of Islamic criminal law.  There are many references that can be used as a reference in efforts to enforce Islamic criminal law in this country, including the prohibition of accepting bribes (riswah), the example of leaders, and the law that is commensurate and mutually supportive and reminding the leaders of the state and the community.
THE ROLE OF CORRECTIONAL CENTERS IN OPTIMIZING DIVERSION AS A RESTORATIVE JUSTICE EFFORT IN THE JUVENILE CRIMINAL JUSTICE SYSTEM Safithri, Hijriyana; Safitri, Hijriyana; Lubis, Ramiah; Qonita, Ra; Sendika, Sendika; Nandita, Riski
Tazir Vol 9 No 2 (2025): 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.v9i2.31726

Abstract

This study examines the Optimization of Diversion as a Restorative Justice Effort in the Juvenile Criminal Justice System which is motivated by the importance of child protection as a legal subject that is still in the development stage. The juvenile criminal justice system in Indonesia through Law Number 11 of 2012 concerning the Juvenile Criminal Justice System (SPPA Law) regulates the diversion mechanism as an alternative to resolving cases outside the formal judicial channels. Diversion is expected to prevent children from negative stigma, provide opportunities to improve themselves, and restore relationships between perpetrators, victims, and society through the principle of restorative justice. This type of research uses a normative legal approach complemented by field studies. The data of this research was obtained through literature studies in the form of primary, secondary, and tertiary legal materials, and was complemented by primary data through interviews with law enforcement officials and related parties. The analysis technique used is qualitative analysis with an emphasis on synchronization between legal norms and implementation in the field. The results of the study show that the application of diversion in the juvenile criminal justice system still faces several obstacles, such as limited human resources, lack of public understanding of the concept of restorative justice. However, diversion has been proven to have a strategic function in realizing child protection, preventing labeling effects, and supporting children's social reintegration. Therefore, the optimization of diversion can be carried out through strengthening regulations, increasing the capacity of law enforcement officials, and continuous socialization to the community.
JUVENILE JUSTICE: ALTERNATIVE COMMUNITY SERVICE WHEN DIVERSION IS NOT ACHIEVED Fajriyah, Aida Ihsaniati; Airlangga, Rendy
Tazir Vol 9 No 2 (2025): 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.v9i2.31735

Abstract

The effectiveness of basic punishments for children in conflict with the law when diversion is not achieved, particularly regarding community service as an alternative punishment, is the focus of this study. The purpose is to determine the most appropriate form of punishment for children when diversion fails and to assess whether community service is the best option. Using a normative juridical method, the study finds that each basic punishment in Article 71 Paragraph (1) of the Juvenile Criminal Justice System Law has its strengths and weaknesses. A warning is too lenient, guidance outside the institution emphasizes rehabilitation but lacks facilities, supervision allows normal activities but has no deterrent effect, job training is potentially beneficial but often noncompliant, and institutional guidance faces obstacles in fulfilling children's rights. Imprisonment is the least effective because it negatively affects children's psychological and social conditions and should be a last resort. Among all punishment, community service is deemed most ideal as it aligns with corrective, rehabilitative, and restorative principles, keeps children in their environment, and fosters social responsibility and empathy  
INTEGRATION OF PENAL POLICY AND SOCIAL POLICY IN HANDLING CRIMINAL ACTS OF MURDER ACCOMPANIED BY CHILD RAPE IN SOUTH SUMATRA Pirmansyah, Redi
Tazir Vol 9 No 2 (2025): 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.v9i2.31909

Abstract

This study examines the implementation of law enforcement against perpetrators of murder accompanied by child rape in the jurisdiction of the South Sumatra Regional Police, using a criminological approach. The main focus is on evaluating the effectiveness of law enforcement, identifying structural and cultural barriers, and applying criminological theories such as Strain, Differential Association, and Routine Activity. The methodology used is an empirical juridical approach with qualitative methods. The findings show that the law enforcement process has been in accordance with positive law provisions, but still faces challenges in the form of limited human resources, lack of coordination between institutions, and the influence of socio-cultural factors. Criminological analysis reveals that these crimes are triggered by social pressure, weak moral control, and open opportunities for crime due to minimal supervision. Therefore, integration between criminal law and social policies is needed in formulating law enforcement strategies for serious crimes involving children as victims

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