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Reza Akbar
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Rumah Jurnal Ilmiah IAI Sambas Jl. Raya Sejangkung No.126 (Gedung Rumah Jurnal IAIS Sambas), Sambas, Kalimantan Barat, Indonesia, e-mail: jurnal.alsulthaniyah@iaisambas.ac.id
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AL-SULTHANIYAH
Published by Institut Agama Islam Sultan Muhammad Syafiuddin Sambas
ISSN : -     EISSN : 27753123     DOI : https://doi.org/10.37567
Core Subject : Social,
Law, Crime, Criminology & Criminal Justice
AL-SULTHANIYAH focuses on studies in the fields of Sharia, Law, Politics & Government. The scope of study of AL-SULTHANIYAH includes: basic principles of jurisprudence, private law, criminal law, procedural law, economics and business law, constitutional law, state administrative law, international law, law and society, politics and government science, Islamic law, legal sociology, legal anthropology, and other legal studies.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 129 Documents
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Perlindungan Hukum terhadap Penyandang Disabilitas Korban Kekerasan Seksual: Studi Putusan Nomor 78/PID.SUS/2024/PN RAH Huring, Vinna Clarissa; Prasetyo, Boedi
AL-SULTHANIYAH Vol. 14 No. 2 (2025): AL-SULTHANIYAH
Publisher : Institut Agama Islam Sultan Muhammad Syafiuddin Sambas

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37567/al-sulthaniyah.v14i2.4511

Abstract

Legal protection for victims resulting from a criminal act must be provided to every citizen, including people with disabilities. This study explains that the judge's decision is based on the facts revealed during the trial, with a specific example in the case of decision 78/PID.SUS/2024/PN RAH. This study uses a normative juridical legal approach. The approaches used in this study are the case approach, the statutory approach, and the conceptual approach. Decision Number 78/PID.SUS/2024/PN RAH substantively acknowledges the vulnerability of victims with disabilities by making powerlessness an aggravating factor and applying the criminal norms of Law No. 12/2022, thus emphasizing the perpetrator's responsibility. However, the decision does not outline crucial procedural accommodations such as legal and psychosocial assistance, disability-sensitive medical/forensic examinations, accessible communication, and examination room arrangements, resulting in a gap between legal recognition and the realization of the right to access justice and the practical recovery of victims. The imposition of fines has the dual potential of acting as both a retributive sanction and a restorative instrument if there is a clear allocation mechanism. However, because the decision does not regulate the management or restitution clause of the fine, the opportunity to fulfill distributive and restorative justice for the victim is missed. Therefore, the imposition of fines should ideally be accompanied by a restitution obligation, a transparent mechanism for fund management, and a guarantee of service referrals so that the financial sanction truly repairs the victim's losses, rather than simply punishing the perpetrator.
Pertanggungjawaban Pidana atas Penyebaran Konten Kekerasan Diplatfrom Roblox di Indonesia Sapitri, Wahyuni; Hafrida; Erwin
AL-SULTHANIYAH Vol. 15 No. 1 (2026): AL-SULTHANIYAH
Publisher : Institut Agama Islam Sultan Muhammad Syafiuddin Sambas

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37567/al-sulthaniyah.v15i1.4417

Abstract

The development of online gaming platforms based on user-generated content, such as Roblox, has created broad opportunities for user creativity while simultaneously raising legal issues related to the dissemination of violent content. This study aims to analyze the regulation of criminal liability for the dissemination of violent content on digital game platforms, particularly Roblox, and to examine the Indonesian positive law framework related to this issue. The research employs a normative legal method using statutory, conceptual, and comparative approaches through library-based legal research. The results indicate that Indonesian positive law does not specifically regulate the dissemination of violent content on online game platforms, but such conduct may still fall under general provisions of the Criminal Code, the Electronic Information and Transactions Law, and regulations on electronic system providers. The study also finds normative gaps and potential multi-interpretation in law enforcement practices, highlighting the need for harmonization and more adaptive legal reforms to ensure effective legal protection.
Pengaturan Pembayaran BPHTB pada Akta Perjanjian Pengikatan Jual Beli Notaril Wahyuni, Fitri
AL-SULTHANIYAH Vol. 14 No. 2 (2025): AL-SULTHANIYAH
Publisher : Institut Agama Islam Sultan Muhammad Syafiuddin Sambas

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37567/al-sulthaniyah.v14i2.4471

Abstract

The transfer of rights (sale and purchase) of land in Indonesia is regulated in severalpositive laws that are currently in force. The latest legislation is Government Regulation No. 35 of 2023 (PP 35/2023) concerningGeneral Provisions on Regional Taxes and Levies, which regulates the payment ofLand and Building Acquisition Rights (BPHTB)Acquisition of Land and Building Rights Tax (BPHTB) is also imposed onSale and Purchase Agreements (PPJB) made by and before a notary.The PPJB referred to is a paid-up PPJB, but this is still not in line withthe laws and regulations that require the payment of BPHTB on the Deed of Saleand Purchase (AJB) made by and in the presence of a Land Deed Official (PPAT)as a basic requirement for the name on the certificate of land and building rightsrequired by the National Land Agency. This research adopts normative legal research by examining literature and the legal norms contained in laws and regulations. The results show that regarding PP 35/2023 concerning General Provisions on Regional Taxes and Regional Levies mentioned above, there is still a need for legal clarity thatallows the notarial PPJB to be used as a requirement for the transfer ofownership of land certificates by buyers.
Perlindungan Hak Asasi Terdakwa Tindak Pidana Lalu Lintas dalam Sistem Peradilan Pidana di Indonesia Sitorus, Boris Marisi; Hafrida; Siregar, Elizabeth
AL-SULTHANIYAH Vol. 15 No. 1 (2026): AL-SULTHANIYAH
Publisher : Institut Agama Islam Sultan Muhammad Syafiuddin Sambas

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37567/al-sulthaniyah.v15i1.4526

Abstract

This study examines the protection of human rights afforded to defendants in traffic crime cases throughout the stages of the Indonesian criminal justice process. The analysis focuses on the fulfillment of fundamental rights as regulated in the Indonesian Criminal Procedure Code (KUHAP), the Traffic Law, Supreme Court Regulation No. 12 of 2016, and the principles of fair trial. This research employs a normative legal method with statutory, conceptual, and case approaches. The findings reveal that although the normative framework provides guarantees for defendants’ rights, implementation remains suboptimal, particularly regarding the right to legal assistance, the principle of equality of arms, procedural fairness, and proportionality in detention and evidentiary procedures. The study highlights the need for regulatory harmonization, stronger oversight mechanisms, and improved professionalism among law enforcement authorities to ensure effective protection of defendants’ rights in traffic crime cases.
Perlindungan Konsumen terhadap Penyalahgunaan Barcode dalam Pembelian BBM Bersubsidi menurut Fatwa DSN-MUI No. 110/DSN-MUI/IX/2017 Tanjung, Aisyah Sabrina; Zahara, Fatimah
AL-SULTHANIYAH Vol. 15 No. 1 (2026): AL-SULTHANIYAH
Publisher : Institut Agama Islam Sultan Muhammad Syafiuddin Sambas

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37567/al-sulthaniyah.v15i1.4531

Abstract

The misuse of barcode technology in the purchase of subsidized fuel (BBM) is still frequently observed, resulting in losses for consumers. This study aims to examine the protection of consumer rights according to the law in cases of barcode misuse in the purchase of subsidized fuel, based on DSN-MUI Fatwa No. 110/DSN-MUI/IX/2017. The research employs an empirical juridical method with a conceptual approach, in which the collected data were processed and analyzed using qualitative methods. The findings indicate various irregularities in the purchase of subsidized fuel, such as barcode forgery, duplicate barcode usage, and misuse of consumer data. The misuse of barcodes in the purchase of subsidized fuel not only violates positive law but also contravenes Sharia principles. This study emphasizes the importance of protecting consumer rights, including the right to obtain products and services fairly and in accordance with Sharia.
Analisis Penggunaan Rupiah Digital dalam Mencegah Risiko Disintermediasi Sistemik pada Bank di Indonesia Yervant Tavish Serafin Sitompoel; Christine S.T. Kansil
AL-SULTHANIYAH Vol. 14 No. 2 (2025): AL-SULTHANIYAH
Publisher : Institut Agama Islam Sultan Muhammad Syafiuddin Sambas

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37567/al-sulthaniyah.v14i2.4543

Abstract

The Digital Rupiah (Central Bank Digital Currency/CBDC) was designed as a risk-free, publicly accessible Central Bank currency, promising payment system efficiency. However, the presence of the Digital Rupiah creates a structural threat to financial stability through risk disintermediation, namely the large-scale transfer of savings from commercial banks to the Digital Rupiah. This phenomenon has the potential to trigger a very rapid digital bank run, exceeding the mitigation capabilities of existing banking regulations (lex generalis). This study uses a juridical-normative method to analyze the legal landscape arising from the interaction between the Digital Rupiah and the current banking regulatory framework, particularly regarding liquidity protection. The purpose of this study is to provide a reference for new legal instruments to create restrictions. These restrictions serve as preventive legal instruments to ensure the Digital Rupiah functions as a means of payment, not a substitute for commercial bank deposits, thereby ensuring the continuity of the national banking intermediation function. The results of the juridical analysis indicate that the legal instrument of lex generalis banking is unable to address the risk disintermediation of the Digital Rupiah.
Gelar Perkara dalam Penentuan Tersangka pada Proses Penegakan UU ITE Perspektif Maqāṣid al-syarī‘ah Perdana, Libria Gita; Hasibuan, Edi Saputra
AL-SULTHANIYAH Vol. 15 No. 1 (2026): AL-SULTHANIYAH
Publisher : Institut Agama Islam Sultan Muhammad Syafiuddin Sambas

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37567/al-sulthaniyah.v15i1.4576

Abstract

This study examines the role of case exposure (gelar perkara) in determining suspects in criminal cases related to Information and Electronic Transactions (ITE) through the lens of maqāṣid al-syarī‘ah to achieve justice. Maqāṣid al-syarī‘ah refers to the fundamental objectives of Islamic law, which aim to protect five essential aspects: religion, life, intellect, lineage, and property. This research provides an in-depth analysis of how case exposure influences the fair determination of suspects in the context of ITE criminal offenses. By understanding the principles of maqāṣid al-syarī‘ah, the study seeks to develop a conceptual framework that guides law enforcement in suspect determination, emphasizing universally recognized principles of justice while ensuring that legal processes align with the moral and ethical values upheld in Islam. It is expected that this research will make a significant contribution to promoting justice in handling ITE criminal cases, in harmony with universal principles and the high values of sharia.
Pendekatan Sosiologis terhadap Penolakan Pornografi Fahmi, Muhammad; Hasibuan, Edi Saputra
AL-SULTHANIYAH Vol. 15 No. 1 (2026): AL-SULTHANIYAH
Publisher : Institut Agama Islam Sultan Muhammad Syafiuddin Sambas

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37567/al-sulthaniyah.v15i1.4577

Abstract

This study examines the rejection of pornography in Indonesia by exploring the Islamic legal, social, and moral dimensions that shape public perception. Pornography is regarded as a form of moral deviation that contradicts prevailing religious, cultural, and legal values. The research employs a qualitative descriptive approach by analyzing Islamic normative sources, legal regulations, and societal perspectives concerning the issue of pornography. The findings indicate that the public’s rejection of pornography is grounded in Islamic teachings that emphasize the importance of preserving dignity and morality, supported by the roles of family, education, and media in fostering ethical values. Therefore, the control of pornography in Indonesia requires synergy between legal, moral, and religious approaches to safeguard social integrity and national ethics.
Pidana Mati Perspektif Hukum Islam dan Hukum Nasional Hakim, Lukman; Hasibuan, Edi Saputra
AL-SULTHANIYAH Vol. 15 No. 1 (2026): AL-SULTHANIYAH
Publisher : Institut Agama Islam Sultan Muhammad Syafiuddin Sambas

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37567/al-sulthaniyah.v15i1.4578

Abstract

This study aims to explain the Islamic legal perspective on the implementation of the death penalty in relation to the principles of human rights. The research employs a library-based method with a normative juridical approach and a prescriptive analysis. The focus of the study lies in the concept of al-maṣlaḥah al-mursalah as the foundational principle of Islamic law in determining capital punishment, particularly within the context of qishash. The findings indicate that the death penalty in Islam is not intended as an act of revenge but rather as an instrument for upholding justice and protecting human life in accordance with the maqāṣid al-syarī‘ah, namely the preservation of religion, life, intellect, lineage, and property. Islam also provides space for forgiveness and reconciliation, reflecting a balance between justice and compassion. Thus, the death penalty in Islamic law possesses strong theological and sociological foundations and remains consistent with humanitarian values and the overarching goal of law to promote public welfare.
Relevansi Filsafat Hukum Islam dan Maqāṣid al-Syarī‘ah dalam Menjawab Isu Modern Prayiani, Herlian Janu; Hasibuan, Edi Saputra
AL-SULTHANIYAH Vol. 15 No. 1 (2026): AL-SULTHANIYAH
Publisher : Institut Agama Islam Sultan Muhammad Syafiuddin Sambas

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37567/al-sulthaniyah.v15i1.4579

Abstract

Islamic law is understood as a manifestation of divine will that is normative and transcendent, while also being realized through revealed texts, scholarly interpretation, social practice, and legal institutions. The concept of maqāṣid al-sharī‘ah emphasizes that the objectives of Islamic law are to preserve five fundamental human interests: religion, life, intellect, lineage, and property, as well as secondary and complementary goals aimed at enhancing the moral and ethical quality of society. This teleological approach allows Islamic law to remain flexible, adaptive, and responsive to social, political, and cultural dynamics. Islamic legal philosophy is also relevant in addressing contemporary issues, including human rights, democracy, and the development of digital technology, through the integration of ethics, the principle of public interest (maṣlaḥah), and maqāṣid-based ijtihād. Accordingly, Islamic legal philosophy functions as both a conceptual and practical guide that bridges divine values, rationality, and contextual needs, ensuring that law remains ethical, progressive, and relevant in the construction of a just and civilized society.

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