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Journal of International Islamic Law, Human Right and Public Policy
Published by PT. RADJA INTERCONTINENTAL PUBLISHING
ISSN : -     EISSN : 30312280     DOI : https://doi.org/10.59733/jishup
Core Subject : Religion, Social,
Religion Law, Crime, Criminology & Criminal Justice
This journal emphasizes specifics in the discourse of Islamic Law and Humanity, as well as communicating actual and contemporary research and problems related to Islamic studies. This journal openly accepts contributions from experts from related scientific disciplines. All articles published do not necessarily represent the views of the journal, or other institutions that have links to journal publications. This journal publishes articles with the following focus and scope: Islamic Law and Jurisprudence from various perspectives which emphasize aspects related to the study of Islamic Jurisprudence in the Indonesian and international context, with special reference to culture, diversity, norms and customs of life, politics , sociology, psychology, anthropology, economics, history, philosophy, Islamic astronomy
Arjuna Subject : Ilmu Sosial - Hukum
Articles 7 Documents
 1 
Search results for , issue "Vol. 1 No. 3 (2023): September" : 7 Documents clear
TECHNIQUES FOR DESIGNING REGULATIONS AND LEGISLATION Bambang Harianto; Inka Edriani; Sofian
Journal of International Islamic Law, Human Right and Public Policy Vol. 1 No. 3 (2023): September
Publisher : PT. Radja Intercontinental Publishing

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59733/jishup.v1i3.11

Abstract

Legislative regulations are written regulations formed by state institutions or authorized officials and are generally binding. In realizing national legal development policies, especially statutory regulations and realizing the orderly formation of statutory regulations by paying attention to general principles and the hierarchy of statutory regulations, Law Number 15 of 2019 concerning the formation of statutory regulations has been promulgated. However, looking at the aspect of the development of legislative regulations from year to year, it can be felt that there are weaknesses in the law and there are several other issues that are why the law is often subject to judicial review. To overcome this, it is necessary to evaluate the drafting of future legislation and the need to respond to various developments in state and government life as well as the dynamics occurring in society and so on.
CRIMINAL SANCTIONS FOR SPREADER OF HOAXES WITH PORNOGRAPHIC CONTENT ACCORDING TO POSITIVE LAW AND ISLAMIC CRIMINAL LAW (FIQIH JINAYAH) Nur Aisyah; Raibullah
Journal of International Islamic Law, Human Right and Public Policy Vol. 1 No. 3 (2023): September
Publisher : PT. Radja Intercontinental Publishing

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59733/jishup.v1i3.12

Abstract

This research discusses the criteria for actions that are categorized as hoaxes and criminal sanctions against hoax spreaders as well as criminal sanctions for perpetrators who spread hoaxes with pornographic content according to Islamic law. perpetrators who spread hoaxes with pornographic content according to Islamic law. The research method used in this research is library research, where the data is obtained through several verses in the Al-Qur'an, hadith, and books on Islamic law, laws, mass media and articles. articles and journals. The conclusion in this research is that the criteria for hoax actions are such as creating fake news, creating trap links, creating inaccurate information, exaggerating an incident, provoking emotions so that emotions dominate more than facts, disseminating information and gossip for lies. The act of distributing pornography is regulated in Law Number 44 of 2008 concerning Pornography, if the distribution is carried out on the internet media it is regulated in Article 28 paragraph 1, 27 paragraph 1 and 27 paragraph 3 of Law Number 19 of 2016 amendment to Law Number 11 2008 concerning Information and Electronic Transactions, and criminal sanctions are regulated in Article 45 paragraph 1 with a maximum imprisonment of six years and/or a maximum fine of one billion rupiah. In Islamic criminal law, this is included in the qadzf finger. The criminal sanction for qadzf is stated in the Al-Qur'an Surah An-Nur verse 4, which is in the form of being whipped or flogged 80 times and testimony cannot be accepted forever. This punishment is absolute from Allah and cannot be increased or decreased. Apart from that, the punishment for perpetrators of distributing pornography in Islam can be ta'zir, because in Islamic law the legal certainty for the criminal act of distributing pornography has not yet been explained. This punishment will be determined by the judge in charge at a level deemed appropriate to the specified act.
JURIDICAL STUDY CONCERNING PARTICIPATION IN ADULTERY REVIEWED FROM ISLAMIC LAW AND THE CREDIT Rahmat Ibrahim Hasibuan; M. Anshari Lubis; Roni Risky Nasution; Maurizio Zanardi
Journal of International Islamic Law, Human Right and Public Policy Vol. 1 No. 3 (2023): September
Publisher : PT. Radja Intercontinental Publishing

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59733/jishup.v1i3.13

Abstract

The problem raised as the focus of the research is what is the position of the perpetrator of adultery according to the Criminal Code and Islamic law and how to participate in adultery according to the Criminal Code and Islamic law. The type of research used by the author in this research is library research, also known as Library Research, namely by searching for data or information through searching the literature available in the library. As well as using a comparative approach method (Comparative Approach) because the author examines participation in adultery according to the Criminal Code and Islamic law to show a comparison of participation in adultery according to Islamic law with positive law. The data source used in this research is a secondary data source, which contains legal materials. The primary legal materials used by researchers are the Criminal Code, the Qur'an and Hadith. The secondary legal materials used by researchers are scientific books, books of fiqh, texts from the mass media, journals and/or other references that are relevant to the problem being studied. The tertiary legal materials used by researchers are encyclopedias, legal dictionaries and Indonesian dictionaries. The conclusions that can be drawn from this thesis are, first, the position of the perpetrator of adultery according to the Criminal Code and Islamic law is that a person can be considered a perpetrator of adultery when that person carries out sexual activities, namely the entry of a man's genitals into a woman's genitals, the difference between Indonesian positive law and Islamic law. that is, it lies with the perpetrator. In Indonesian positive law the perpetrator must be a person who is bound by marriage and there must be a complaint from his legal wife/husband, however in Islamic law the perpetrator does not have to be bound by marriage and there does not have to be a complaint. Second, participating in adultery according to the Criminal Code and Islamic law means that the Criminal Code views participating in adultery as the activity of a person who, together with the perpetrator of adultery, carries out some of the elements of the criminal act of adultery so as to achieve the crime of adultery, in the Criminal Code assisting, encouraging and ordering the commission of a criminal act is a separate sub-chapter and is not included in participation, however in Islamic law participation covers everything related to the expansion of perpetrators of criminal acts, so participation in Islamic law includes assistance, encouragement and ordered to commit criminal acts.
JURIDICAL REVIEW OF LEGAL SANCTIONS FOR PEOPLE OF THE CRIME OF POLLING SUBSIDIZED GAS TO NOT SUBSIDIED FROM THE PERSPECTIVE OF ISLAMIC CRIMINAL LAW AND NATIONAL CRIMINAL LAW Ricky Pratama Ginting; Sulaiman; Husnul Hayana Daulay
Journal of International Islamic Law, Human Right and Public Policy Vol. 1 No. 3 (2023): September
Publisher : PT. Radja Intercontinental Publishing

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59733/jishup.v1i3.14

Abstract

Legal protection is provided to the public or consumers, especially poor families who suffer losses in cases of mixing the contents of LPG cylinders by business actors. The position of poor families and the community is viewed from the Consumer Protection Law, users of subsidized 3 Kg LPG gas can demand legal protection if an accident occurs due to LPG mixing and are given administrative sanctions or criminal sanctions to business actors for their actions. The aim of this research is to find out how legal sanctions are against perpetrators of mixing subsidized gas into non-subsidized gas from the perspective of Islamic criminal law and national criminal law. This research uses a descriptive qualitative research method, with an empirical normative approach and uses a research approach, namely a library search approach. This approach is carried out by conducting research by looking for sources from various references such as theses, journals, theses and etc. The results of this research are that a person will be held responsible if they have committed a mistake that is prohibited by the rules or syara' and if they have fulfilled the elements of criminal responsibility, namely that a person has committed a prohibited act, the act was carried out of his or her own volition, and the perpetrator knows the consequences of the act. did it.
APPLICATION OF LEGAL SANCTIONS FOR PERSECUTION IN THE PERSPECTIVE OF NATIONAL CRIMINAL LAW AND ISLAMIC CRIMINAL LAW Sardi; M. Rafandy Harahap; Stephen Martin
Journal of International Islamic Law, Human Right and Public Policy Vol. 1 No. 3 (2023): September
Publisher : PT. Radja Intercontinental Publishing

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59733/jishup.v1i3.15

Abstract

This research uses a type of library research or normative legal research, with the data sources used being secondary data in the form of the Criminal Code and Jinayah Fiqh books. Data collection was carried out by reading various forms of books and literature that were relevant to the case. The conclusion of this thesis can show that national law in Indonesia does not specifically regulate punishments for perpetrators of persecution, but perpetrators can be charged with the same punishment as acts of persecution, namely the articles in the Criminal Code (KUHP). Perpetrators of persecution are usually charged with extortion and threats, abuse and assault. Meanwhile, according to Islamic law, persecution is included in the form of extortion (hirabah) and also the form of persecution (jurh), the perpetrator himself is punished with a qishas penalty if it results in death and a ta'zir penalty if only minor injuries occur. However, Allah SWT strictly forbids this act and must be avoided by us as His creatures.
NATURALISM AND ITS RELEVANCE IN THE CONTEMPORARY SYSTEM OF EDUCATION Rafiyah Rasool
Journal of International Islamic Law, Human Right and Public Policy Vol. 1 No. 3 (2023): September
Publisher : PT. Radja Intercontinental Publishing

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59733/jishup.v1i3.72

Abstract

Naturalism in education emphasizes learning through experience and exploration rather than relying solely on textbooks and lectures. It aligns with the idea that education should reflect real-life scenarios and encourage students to develop critical thinking, problem-solving, and social skills in practical contexts. In the present system of education, naturalism remains relevant as it promotes a holistic approach to learning that complements traditional academic methods. Incorporating naturalistic principles into education encourages students to connect classroom learning with their everyday lives, fostering deeper understanding and application of knowledge. This approach also supports personalized learning experiences, catering to individual interests and learning styles, thereby enhancing engagement and motivation among students. Moreover, naturalism in education promotes environmental awareness and sustainability by encouraging direct interaction with nature and ecological systems. Despite its benefits, implementing naturalism requires balancing structured curricula with flexible, experiential learning opportunities. Educators must integrate hands-on activities, field trips, and project-based learning effectively to maximize its impact. By embracing naturalistic principles, the modern education system can better prepare students for the complexities of the 21st century, equipping them with both academic knowledge and practical skills essential for future success.
EFFECTIVE STRATEGIES FOR TEACHING READING COMPREHENSION IN ELEMENTARY SCHOOLS Mr. Shabir Ahmad Dar; Rameez Ahmad Bhat
Journal of International Islamic Law, Human Right and Public Policy Vol. 1 No. 3 (2023): September
Publisher : PT. Radja Intercontinental Publishing

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59733/jishup.v1i3.74

Abstract

Reading comprehension is a fundamental skill for academic success and lifelong learning. This abstract examines effective strategies for enhancing reading comprehension in elementary schools. The paper explores methods such as direct instruction, cooperative learning, graphic organizers, questioning techniques, and technology integration. These strategies are crucial for developing students' ability to understand, interpret, and analyze texts, thereby fostering critical thinking and deeper engagement with learning. Future research should continue to refine and innovate these approaches to meet the diverse needs of elementary students.

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