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Al-Qanun: Jurnal Kajian Sosial dan Hukum Islam
Published by Universitas Islam Negeri Sumatera Utara
ISSN : -     EISSN : 2776253X     DOI : -
Core Subject : Religion, Social,
Religion Law, Crime, Criminology & Criminal Justice
Al-Qanun: Jurnal Kajian Sosial dan Hukum Islam, this journal accepts research articles, conceptual articles, field study reports, book reviews on social studies and law such as: 1. Social; 2. Law; 3. Theology; 4. Economy; 5. Philosophy; 6. Gender; 7. Regional Studies; 8. Islamic Studies; 9. And other related fields.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 90 Documents
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Islamic Criminal Law’s View on The Crime of Attempted Rape Ramadhani, Putri
Al-Qanun: Jurnal Kajian Sosial dan Hukum Islam Vol 4, No 2 (2023): Al-Qanun: Jurnal Kajian Sosial dan Hukum Islam
Publisher : Universitas Islam Negeri Sumatera Utara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58836/al-qanun.v4i2.21472

Abstract

The view of Islamic Pidama Law on the crime of attempted rape is a concept that reflects the values of justice, protection of individuals, and law enforcement in Islam. The interpretation and handling of the crime of attempted rape in the context of Islamic law is influenced by the principles of sharia based on the Qur'an and Hadith. In cases of attempted rape, Islamic law emphasizes that the perpetrator must be tried fairly and strictly in accordance with the applicable law. This includes careful investigation, collection of sufficient evidence, as well as the enforcement of sanctions appropriate to the level of wrongdoing committed. In the context of Islamic criminal law, the crime of attempted rape is considered a serious offense against social order and moral norms. Therefore, law enforcement in such cases must be carried out with great care and justice. The sanction given to the perpetrator must be balanced with the level of guilt, taking into account aspects of mitigation and rehabilitation. In addition, in the view of Islamic Penal Law, it is important to provide adequate protection and support to victims of attempted rape. This includes access to medical care, psychological support, and efforts to restore the victim's dignity and confidence. Islamic law emphasizes the importance of providing justice to victims and ensuring that their rights are not overlooked in the legal process. In practice, the Islamic Penal Code's view of the crime of attempted rape is often implemented through a justice system based on Islamic law or through legal institutions that have a mandate to uphold Islamic values in law enforcement. Prevention efforts are also emphasized in public education and awareness about the importance of respecting individual rights and maintaining moral integrity in social relations. Thus, the Islamic Penal Code's view of the crime of attempted rape underscores a commitment to justice, the protection of human rights, and the fair enforcement of the law. In handling such cases, the principles of Islamic law are implemented to maintain security and peace in society and provide appropriate protection for individuals who are vulnerable to becoming victims.
The Role Of Student In Preventing Sexual Violence Based On PERMENDIKBUDRISTEK No. 30 Of 2021 And Review Of Political Jurisprudence In Fiqh Muhtaj, Majda El; Hermansyah, Hermansyah
Al-Qanun: Jurnal Kajian Sosial dan Hukum Islam Vol 3, No 2 (2022): Al-Qanun: Jurnal Kajian Sosial dan Hukum Islam
Publisher : Universitas Islam Negeri Sumatera Utara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58836/al-qanun.v3i2.19691

Abstract

This study aims to find out how the role of students is very important in preventing violence and sexual harassment in Islamic-based universities. then in conditions like this it is necessary to issue a regulation made by the government such as Permendikbudristek No. 30 of 2021, and one of the obligations of students is to give their best efforts during class time to seek to improve existing problems on campus and provide concrete evidence to the community for the important role of students. In fact, sexual violence is rife in the educational environment which is dominated by educated and intellectual people. In this case, not only the role of students is needed but the role of lecturer collaboration is also very important in providing direction and guidance regarding the prevention and handling of sexual violence by students in the campus area. It is also important to know how fiqh siyasa relates to fiqh siyasa dusturiyah which discusses statutory rules, in the case of fiqh siyasa rules are made in the interest of the common good. In this study the authors took an empirical juridical research methodology with a qualitative approach, empirical juridical research which in other words is a type of sociological legal research and can be referred to as research in the field, which examines the legal provisions that apply and what has happened in people's lives.
Criminalization and Decriminalization Policies in the New Concept of the Criminal Code Hidayani, Sri; Mina, Revi Fauzi Putra
Al-Qanun: Jurnal Kajian Sosial dan Hukum Islam Vol 2, No 4 (2021): Al-Qanun: Jurnal Kajian Sosial dan Hukum Islam
Publisher : Universitas Islam Negeri Sumatera Utara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58836/al-qanun.v2i4.19469

Abstract

Criminalization is related to policies that aim to create security and order within a country to regulate each layer of multicultural society. The criminalization policy only regulates actions that can cause damage and cause victims. So the policy exists to prohibit an act where the act was previously not prohibited (not against the law), this is related to the Principle of Legality, which is the principle which is the basis in the Criminal Code and a guide for the community so that policy makers (the government) do not arbitrarily in criminalizing society, because an act is prohibited and a sanction applies because there is a legal basis (criminalization policy). Then, in the Criminal Code there are policy matters related to the Decriminalization policy. Decriminalization is a policy where initially an act is prohibited and then changed to an act that is considered normal. In the Criminalization Policy there are various classifications of offenses which are of course in accordance with the new Criminal Code. One of them is the latest definition of "afkoop" (Article 82 of the Criminal Code) which is the basis for eliminating prosecution, which does not only apply to offences, but can apply to all criminal acts, even with limitations on the maximum penalty. The reference source parameters are based on existing studies
Pedophilia and Sexual Violence Against Children: Punishment Services and Protection Amri, Syaiful
Al-Qanun: Jurnal Kajian Sosial dan Hukum Islam Vol 5, No 1 (2024): Al-Qanun: Jurnal Kajian Sosial dan Hukum Islam
Publisher : Universitas Islam Negeri Sumatera Utara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58836/al-qanun.v5i1.21484

Abstract

Sexual The increasing cases of sexual violence against children, especially pedophilia, have attracted public attention, which finally made the government declare that 2014 is the Emergency Year of Sexual Violence against Children. This article is intended to provide an overview and also thoughts on pedophilia as sexual violence against children, and is expected to be a starting point for making policies to protect children from sexual violence. This article is a literature study that places pedophilia as a serious problem that must be immediately addressed by all aspects of government, namely society, the business world, and the government itself, both central and regional governments. Steps to save children from sexual crimes range from strict and firm legal guarantees to social support from the community. The Indonesian Ministry of Social Affairs through LKSA is committed to being the vanguard in preventing violence and protecting children. Simultaneous and comprehensive cooperation is needed from parents, the surrounding community, and government officials to ensure the success of child protection.
Analysis of The Criminal Act of Child Neglect By Parents Drug Abuse From The Perspektivctive of Islamic Criminal Law Putra, Andhika Jaya; Damanik, Lia Agustina
Al-Qanun: Jurnal Kajian Sosial dan Hukum Islam Vol 4, No 1 (2023): Al-Qanun: Jurnal Kajian Sosial dan Hukum Islam
Publisher : Universitas Islam Negeri Sumatera Utara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58836/al-qanun.v4i1.21427

Abstract

The crime of child neglect by drug abusing parents is a serious problem that has significant social and humanitarian impacts. In the perspective of Islamic criminal law, the act of child neglect caused by drug abuse by parents is considered an act that violates sharia law and is detrimental to the welfare of society. Analysis of the crime of child neglect by drug abusing parents from the perspective of Islamic criminal law involves interpreting the principles of Islamic law relating to the protection of children's rights, parental obligations, and sanctions for violations of the law. In Islam, parents have a great responsibility to care for, educate and protect their children, and the act of child neglect caused by drug abuse is a serious violation of this obligation. From the perspective of Islamic criminal law, the criminal act of child neglect by drug abusing parents can be classified as an act that harms society and contradicts the principles of social justice. As a result, the perpetrators of such criminal acts may be subject to criminal sanctions in accordance with the applicable sharia law, which may include fines, corporal punishment, or other penalties appropriate to the severity of the offense. However, in applying punishment to perpetrators of the crime of child neglect by drug abusing parents, the Islamic criminal law system also considers mitigating factors such as the intention, psychological condition, and social environment of the perpetrator. Principles such as mercy, justice, and restoration are also upheld in Islamic law enforcement, which allows room for rehabilitation and reintegration of offenders into society. Thus, the analysis of the crime of child neglect by drug abusing parents from the perspective of Islamic criminal law emphasizes the importance of safeguarding the welfare of children and upholding social justice in society. Law enforcement based on the principles of Islamic law can provide a strong basis for protecting children's rights and ensuring that perpetrators of criminal acts are given sanctions that are balanced and beneficial to the common good.
Government Provisions Regarding Voting Rights in General Elections Hidayani, Sri; Mina, Revi Fauzi Putra
Al-Qanun: Jurnal Kajian Sosial dan Hukum Islam Vol 3, No 1 (2022): Al-Qanun: Jurnal Kajian Sosial dan Hukum Islam
Publisher : Universitas Islam Negeri Sumatera Utara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58836/al-qanun.v3i1.19685

Abstract

This research aims to analyze government provisions that affect voting rights in general elections. The main focus of the research is to explore how government policies and regulations can affect the exercise of voting rights and their impact on integrity and participation in the democratization process. The research methodology used a mixed approach combining legal document analysis, interviews with relevant stakeholders, and a survey of voters. The research identified a number of factors that affect voting rights, including voter registration regulations, accessibility of polling stations, and transparency of the electoral process. The analysis also covered aspects of security and voter protection in order to assess the extent to which the government has effectively guaranteed voting rights. The research findings highlight challenges in the implementation of these provisions, such as lack of resources, abuse of power, and lack of public understanding of their voting rights. The implication of this research is the importance of responsive and transparent governance in creating an enabling environment for fair and inclusive voting rights. The results also provide a foundation for developing policy recommendations that can improve electoral integrity and increase public participation. By understanding these dynamics, it is hoped that governments can optimize their role in ensuring that voting rights as a key pillar of democracy are maintained.
Review of Islamic Law on E-Commerce Buying and Selling Transactions Siagian, Adelini Siagian
Al-Qanun: Jurnal Kajian Sosial dan Hukum Islam Vol 2, No 3 (2021): Al-Qanun: Jurnal Kajian Sosial dan Hukum Islam
Publisher : Universitas Islam Negeri Sumatera Utara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58836/al-qanun.v2i3.12119

Abstract

Now transaction activities due to rapid technological developments have shown anew face. The trend of buying and selling via online media, aka e-commerce, is nowspreading like mushrooms in the rainy season. Globally, perpetrators of these methods, both as sellers and buyers, also involve Muslims. To provide a legal basis for this reality, fiqhiyah studies must be built as a normative and practical basis for those who wish to carry out transactions. The basic concept of e-commerce, namely purchasing goods, has been known and practiced since the early generations of Islam, known as as-Salam. So this research will include descriptive analysis regarding the correlation of these two concepts. Ecommerce and as-salam have many similaritiesand also significant differences. One of the differences is the legal basis used in the two  concepts. Othe differences, such as the way of offering, or the way of making transactions, the way of delivery and acceptance. Technical differences that exist. As part of a direct agreement between buyers and sellers, a product and service catalog will be provided, so that buyers can obtain complete information. The purpose of writing this research is to determine the legal relationship between buying and selling e-commerce and as-salam. The data and information obtained at the data collection stage are then processed using descriptive analysis methods based on secondary data.
The Impact of Economic Factors Habits Patriarchal System and Psychological Disorders on Violence Against Children and Women in North Sumatra Lubis, Syaddan Dintara
Al-Qanun: Jurnal Kajian Sosial dan Hukum Islam Vol 4, No 2 (2023): Al-Qanun: Jurnal Kajian Sosial dan Hukum Islam
Publisher : Universitas Islam Negeri Sumatera Utara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58836/al-qanun.v4i2.21473

Abstract

The results of interviews at the Children's and Women's Empowerment Service which were carried out were aimed at proving that violence that occurs against children and women can be motivated by poor finances, our daily habits, our country's social system which is still patriarchal, and the existence of psychological and mental disorders towards perpetrators of violence against children and women. This research is based on quantitative data based on our interviews at D3AKB which will strengthen the data that will be included in this research. 
Participation In Crimal Acts According In Islamic Criminal Law Ilham, Muhammad; Nasution, Suherman
Al-Qanun: Jurnal Kajian Sosial dan Hukum Islam Vol 3, No 2 (2022): Al-Qanun: Jurnal Kajian Sosial dan Hukum Islam
Publisher : Universitas Islam Negeri Sumatera Utara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58836/al-qanun.v3i2.19692

Abstract

The current Research This research aims to explore the views of Islamic criminal law in relation to the the concept of participation in a criminal offense. The research method used is a literature study to collect information from various reliable sources. sources. The results show that the concept of participation in criminal offenses according to Islamic criminal law has differences with the concept in Islamic criminal law. criminal offense according to Islamic criminal law has differences with the concept in general criminal law. general criminal law. This research is expected to provide a deeper understanding of understanding of the concept of participation in criminal offenses according to Islamic criminal law so that it can contribute to the development of the criminal system. Islamic criminal law so that it can contribute to the development of a better legal system. system so that it can contribute to the development of a better legal system. After exploring the view of Islamic criminal law related to the concept of participation in criminal offenses, it can be concluded that Islamic criminal law pays special attention to the concept of participation in criminal offenses. that Islamic criminal law pays special attention to the concept of justice, proportion of punishment, as well as consideration of special cases in determining criminal responsibility. criminal responsibility. This indicates that an in-depth understanding of the concept of participation in criminal offenses according to Islamic criminal law can help in improving the legal system. can help in perfecting the existing criminal law system, and can provide a strong foundation for the enforcement of justice. provide a strong foundation for the enforcement of justice in society. It is hoped that the results of this research can make a significant contribution to the development of Islamic criminal law and the legal system as a whole. development of Islamic criminal law and the legal system as a whole.
Legal Protection for the Image of Children and Women Related to Body Shaming in the Community Limbong, Hotma Ringan; Istiadah, Istiadah
Al-Qanun: Jurnal Kajian Sosial dan Hukum Islam Vol 2, No 4 (2021): Al-Qanun: Jurnal Kajian Sosial dan Hukum Islam
Publisher : Universitas Islam Negeri Sumatera Utara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58836/al-qanun.v2i4.19470

Abstract

Body Shaming (insulting body image) is a form of physical criticism of oneself or others in a way that is considered trivial but has negative consequences for both oneself and others. Currently, bullying is becoming a concern for international institutions, one of which is the Plan International Center For Research On Women (ICRW) in 5 Asian countries, namely Vietnam (79%), Cambodia (73%), Nepal (79%), Pakistan (43%), and Indonesia (84%). The bullying behavior carried out is in the form of physical bullying, verbal bullying, rational bullying and cyberbullying. The method used is descriptive-analytical with the aim of knowing law enforcement against children and women related to body shaming in society. In conclusion, protection against body shaming among children and women really requires attention from government officials regarding more effective protection and law enforcement, and increasing awareness among the public.

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