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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 104 Documents
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Protection of Minors Who Are Victims of Child Trafficking (Human Trafficking) Harahap, Abdul Aziz; Hasanah, Uswatun
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.v5i1.21485

Abstract

Human trafficking is a transnational crime that is often committed across national borders. The victims also vary and it is not uncommon for children to be targeted as victims of this crime. The method in this research is normative research aimed at knowing the forms of legal rules, legal principles, and legal doctrines to answer the issues at hand to be imposed on the perpetrators of this human trafficking crime. And to find out also what kind of protection and assistance will be obtained by children who are victims of the crime of human trafficking in accordance with the laws and regulations in force in Indonesia.
The Existence of the Death Penalty in Indonesia: History Debates and Legal Developments Ardhana, Rizky Owen; Lubis, Syofiaty
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.v4i1.21428

Abstract

Death penalty is a punishment that has long been a controversial topic in Indonesia. Although it still exists, the existence of death penalty in Indonesia has undergone various changes and discussions that evolve along with the development of society and law in this country. This abstract aims to present an overview of the existence of death penalty in Indonesia. The history of death penalty in Indonesia can be traced back to the Dutch colonial period, where this punishment was applied as part of the colonial legal system. After independence, Indonesia inherited the death penalty law from the Dutch colonizers and maintained it as one of the forms of punishment in the criminal justice system. Although still applied, the existence of the death penalty in Indonesia has drawn various criticisms from within and outside the country. Critics highlight issues such as the potential for irreparable legal errors, selective justice, and human rights violations. However, on the other hand, there is also support for the death penalty as a form of punishment that is considered effective in suppressing serious crimes and providing a deterrent effect to criminals. Over the past few years, there has been a shift in the views of the public and government in relation to the death penalty. Although it still exists, its use has become more limited and restrained. Several steps have been taken, including a moratorium on death penalty executions and revision of the Death Penalty Law. The debate on the existence of the death penalty in Indonesia also takes into account issues such as humanity, justice, and effectiveness as a punishment. Some parties argue that the abolition of the death penalty is more in line with humanitarian values and the protection of human rights, while others still maintain this punishment as a form of justice for victims of crime. Thus, the existence of the death penalty in Indonesia is a complex and evolving subject, influenced by factors such as legal developments, societal values, and pressure from the international community. Death penalty remains a challenging issue for Indonesia in finding a balance between justice, humanity, and effectiveness in law enforcement.
Arrangement of ICC Authorities Based on the 1998 Rome Statute Mubarak, Ridho; Nadira, Cici
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.v3i1.19687

Abstract

This study aims to investigate the regulation of the authority of the International Criminal Court (ICC) based on the 1998 Rome Statute. The main focus of the research is to analyze the structure and scope of the ICC's authority, as well as its impact on international law enforcement. Another objective is to evaluate the effectiveness of the mechanisms and procedures established in the Rome Statute to deal with violations of international crimes. The research methodology uses a juridical-normative approach by analyzing the text of the Rome Statute, conventions, and related legal literature. In addition, case studies of cases that have been tried by the ICC are also used to gain a practical understanding of the implementation of such authority. The results show that the Rome Statute authorizes the ICC to pursue individuals who commit war crimes, crimes against humanity, the crime of genocide, and the crime of aggression. However, the research identifies several challenges in the implementation of these powers, including issues of sustainability, international cooperation, and inequality in the prosecution process. This research has significant implications for understanding and improving the international criminal justice system. Policy recommendations can be made to strengthen the ICC's powers, enhance international cooperation, and ensure fairness and continuity in the prosecution of international criminals. As such, this research can make an important contribution to the development of a more effective and just international legal system.
Legal Analysis Study Regarding Smoking According to an Islamic Legal Perspective Mujahidin, Muhammad Bintang
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.v2i4.13601

Abstract

This article contains an analytical descriptive explanation regarding smoking laws. The significant smoking phenomenon is enough to be a strong reason that cigarettes have become an important need in society, even though some smokers only do it for fun. This article is the result of descriptive research that analyzes content related to smoking laws. In relation to the law on smoking, because it is basically a new thing that did not exist at the time of the Prophet, there is nothing in the Qur'an or hadith that discusses this in detail. Therefore, it is difficult to find a way out in determining legal certainty. The discussion of cigarettes starts from various arguments contained in the Al-Qur'an and Hadith in the form of mafhur and several opinions of scholars who try to analyze the meaning of cigarettes and the arguments used. Based on the arguments used in the proposed cigarette law, it can be concluded that the cigarette law is casuistic. Sometimes it can be said to be haram and sometimes makruh tanzih.
Child Trafficking Crimes from an Islamic Legal Perspective: A Study of Decision No. 2207/Pid.Sus/2022 Mdn Annisa, Annisa
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.v4i2.21474

Abstract

The crime of child trafficking is a form of crime that violates human rights, especially the rights of children. This crime not only harms the dignity and future of children, but also has a profound negative impact on society. In the perspective of Islamic law, the crime of child trafficking is a very despicable and prohibited act, because Islam upholds the protection of children and upholds justice and human rights. This research aims to analyze court decision number 2207/Pid.Sus/2022 Mdn, relating to the crime of child trafficking, in the context of Islamic law. This research uses a qualitative approach with a normative juridical analysis method of the verdict, and examines how the verdict is in line with the principles of Islamic law. The results show that verdict number 2207/Pid.Sus/2022 Mdn provides punishment to the perpetrator of child trafficking in accordance with applicable laws and regulations. In the perspective of Islamic law, the decision is appropriate because it punishes the perpetrators for offenses committed against children. However, this study also highlights the importance of more assertive and consistent law enforcement to prevent child trafficking crimes in the future. In conclusion, this study emphasizes the need for synergy between positive law and Islamic law in dealing with the crime of child trafficking. In addition, further efforts are needed in the prevention and handling of this crime so that children can be well protected and the community can live in a safe and prosperous environment.
Transformation of Islamic Criminal Law in Modern Society in Aceh Efendi, Sumardi
Al-Qanun: Jurnal Kajian Sosial dan Hukum Islam Vol 5, No 2 (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.v5i2.21513

Abstract

This study examines the transformation of Islamic criminal law in modern Acehnese society, focusing on the implementation of the Qanun Jinayat, which governs the application of hudud, qisas, and ta'zir punishments. Aceh is the only province in Indonesia that officially enforces Sharia law, offering a unique case study to understand how Islamic criminal law is adapted in a modern context. This research employs a literature review method, gathering and analyzing various sources, including literature, journals, and legal documents related to the implementation of Islamic criminal law in Aceh. The findings indicate that while the enforcement of Islamic criminal law in Aceh enjoys significant support from the local population as part of their cultural and religious identity, substantial challenges remain, particularly regarding its alignment with human rights principles and national law. The study concludes that the transformation of Islamic criminal law in Aceh reflects efforts to balance the preservation of Islamic traditions with the demands of modernity. Nonetheless, continuous dialogue among stakeholders is necessary to ensure that the implementation of Sharia law in Aceh remains consistent with universal principles of justice and human rights.
Analysis of The Protection Needs of Witnesses and Victims in Criminal Cases Uyun, Arifatul
Al-Qanun: Jurnal Kajian Sosial dan Hukum Islam Vol 5, No 2 (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.v5i2.21743

Abstract

Witness and victim protection in the criminal justice system plays a crucial role in ensuring a fair and transparent legal process. This article discusses the importance of legal protection provided to witnesses and victims, as regulated by Law Number 31 of 2014. Such protection includes physical and psychological aspects, as well as procedural rights that must be fulfilled to allow witnesses and victims to testify without fear. The Witness and Victim Protection Agency (LPSK) serves as the implementer of this protection, although it still faces challenges in implementation and public trust. The research method used is literature study to identify protection procedures and mechanisms, as well as to evaluate the effectiveness of LPSK. The analysis results indicate that despite a strong legal framework, the implementation of protection is often hindered by internal and external factors that need to be addressed to enhance public trust and the agency's effectiveness. The conclusion of this study emphasizes the need for improvements in protection mechanisms and the capacity enhancement of LPSK to optimally fulfill its functions.
Analysis of Restorative Justice in Gender-Based Violence Cases Within Diversion Under Law No. 12 of 2012 Romadlany, Zakiah
Al-Qanun: Jurnal Kajian Sosial dan Hukum Islam Vol 5, No 2 (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.v5i2.21748

Abstract

The handling of cases involving gender-based violence against children in conflict with the law in Indonesia often remains trapped in a conventional criminal law approach that does not consider the special needs of children. This article analyzes the application of restorative justice principles in the context of diversion according to Law No. 12 of 2012 on the Juvenile Justice System. This research employs a normative approach, examining sources from various literatures, including books, laws, and other relevant literature related to the theme of this writing using the restorative justice framework. The findings of this study indicate that the restorative justice approach focuses on restoring relationships among the perpetrator, victim, and society, while promoting social responsibility. By adopting the principles of The Beijing Rules, this new law provides space for more humane and rehabilitative case resolutions. Through in-depth analysis, it is found that effective implementation of diversion can prevent negative stigma and assist in the reintegration process of children into society. The results of this study are expected to contribute to the development of policies that are more responsive to the rights and needs of children in the context of gender-based violence.
Legality Of The Practice Of Wiretapping Methods Against Perpetrators Of Criminal Acts Of Corruption In The Provisions Of The Law On Criminal Acts Of Corruption Dalimunthe, Aidil Putra
Al-Qanun: Jurnal Kajian Sosial dan Hukum Islam Vol 5, No 2 (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.v5i2.21762

Abstract

Corruption cases in Indonesia continue to be a primary concern, especially since the perpetrators are often high-ranking government officials. Legally, corruption is governed by Law No. 31 of 1999 in conjunction with Law No. 20 of 2001 on the Eradication of Corruption Crimes, which defines this crime as unlawful acts that harm the national economy and contradict societal justice values. This study aims to explore the challenges faced in combating corruption and analyze its impact on public trust in the government. The research will employ a descriptive analysis method, focusing on literature studies from various sources related to the topic of this article. The findings indicate that, despite the government's various efforts, such as regulatory updates and the establishment of special agencies, public dissatisfaction regarding the effectiveness of anti-corruption measures remains prominent. Consequently, the government has implemented policies involving the interception of corruption offenders, which strengthens the evidence obtained for anti-corruption actions. The conclusion of this study is that while the government has strived to create justice in corruption cases, various challenges still persist in practice. Therefore, this research will propose new steps to prevent corruption offenders from proliferating further.
Gender-Based Violence and Deconstruction Implementation of The Rights Victims on Sexual Violence Kamilia, Nur
Al-Qanun: Jurnal Kajian Sosial dan Hukum Islam Vol 5, No 2 (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.v5i2.21735

Abstract

This article examines gender-based violence (GBV) as a crucial issue in contemporary society, focusing on the implementation of deconstruction of the rights of sexual violence victims. Through an hollystic and deskriptif- analytical approach, the article explains how patriarchal norms and gender streotypes reinforce a culture of violence, as well as the challenge s faced in protecting victims’ rights. By exploring various policies and best practices, this article aims to provide insights into the strategic steps necessary to create a safe and just environment for victims and to encourage a paradigm  shift in addressing cases of sexual violence. This research is expected to contribute to collective efforts in tackling gender-based violence and supporting the recovery and empowerment of victims.   

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