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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 118 Documents
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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.
REVIEW OF CRIMINAL LAW IN PROVIDING LEGAL PROTECTION TO CRIME VICTIMS IN THE JUSTICE SYSTEM CRIME IN INDONESIA Ilmuwani Lubis; Karolus Agung Dery Rianto; Irfan Rizky Pradya; Willy Novan Prakoso; Syaiful Asmi Hasibuan
Journal of International Islamic Law, Human Right and Public Policy Vol. 1 No. 4 (2023): December
Publisher : PT. Radja Intercontinental Publishing

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59733/jishup.v1i4.16

Abstract

There is relatively little attention paid to victims of criminal acts as can be seen in the Criminal Code which only formulates the rights of victims of criminal acts in one article, namely Article 14 c paragraph (1) which regulates the right to compensation for victims of criminal acts of a criminal nature. civil. The Criminal Procedure Code also regulates the rights of victims of criminal acts in Articles 98-101, which regulates combining claims for compensation with criminal cases. In the practice of criminal justice in Indonesia, it can be said that almost no judges make decisions based on the articles mentioned above. The problem in this research is what is the position and role of victims of criminal acts in the criminal justice system in Indonesia; What is the criminal law policy through the responsibilities of the Criminal Justice apparatus in providing legal protection to victims of criminal acts in the criminal justice system in Indonesia; How to provide legal protection to victims of criminal acts in the criminal justice system in the future. This research uses a sociological juridical approach. This research is a type of research that combines a normative approach and a sociological approach. This means that in addition to studying the law in a theoretical context, we also see directly what is happening in society. The research results show that the right to protection and restoration of legal interests in the criminal justice process is as stated in Law Number 8 of 1981 concerning the Criminal Procedure Code and is also formulated morally in Declaration of Basic Principles of Justice for Victims of Crime and abuse of Power, which includes: ways to obtain justice and fair treatment, including, among other things, the right to a mechanism for obtaining justice; has the right to obtain compensation for the suffering he has suffered; It is possible to obtain compensation using formal procedures (law) or informally (by arbitration, customary practices or customary law), which are fast, honest, cheap and acceptable. However, in reality the victim does not get anything.
A RESTORATIVE JUSTICE APPROACH IN THE IMPLEMENTATION OF THE JUVENILE CRIMINAL JUSTICE SYSTEM IN INDONESIA Ahmad Novaisal; Ferry Irmawan; Riki Hamdani; Sony Prayudha Winata; Syaiful Asmi Hasibuan
Journal of International Islamic Law, Human Right and Public Policy Vol. 1 No. 4 (2023): December
Publisher : PT. Radja Intercontinental Publishing

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59733/jishup.v1i4.17

Abstract

Since the enactment of Law no. 11 of 2012 concerning the Juvenile Criminal Justice System in Indonesia, it is necessary to immediately provide outreach to Law Enforcement Officials (APH) who do not yet understand and know about the obligation to take a restorative justice approach in the implementation of the Juvenile Criminal Justice System. The norms governing the obligation to carry out a restorative justice approach in handling children in conflict with the law (ABH) are contained in article 5 paragraph 1 of the Juvenile Criminal Justice System Law and this law has also adopted the International Convention on the Rights of the Child (CRC) instrument which has been adopted. ratified by the government of the Republic of Indonesia with Presidential Decree Number 36 of 1990 concerning Ratification of the Convention on the Rights of the Child (Convention on the Rights of the Child) in addition to other international regulations such as the Beijing Rules, Riyadh Guidelines and Tokyo Rules which are of course in line with the Constitution 1945 concerning the goals of the state, one of which is to realize social justice and promote general welfare. This restorative justice approach certainly has the same spirit as the ideological, political and socio-cultural values ​​of the Indonesian nation which prioritizes resolution through deliberation to reach consensus so that this restorative justice approach is also one of the legal reforms that further promotes the values ​​of local wisdom of the nation. Indonesia. The conceptual approach and the statutory approach are the approaches used in this research and maximize the implementation of the implementation of restorative justice in every handling of Children in Conflict with the Law (ABH) at every stage of the investigation, prosecution and trial process. Objectives The aim of the research is to provide confirmation to every Law Enforcement Officer of the obligation to take a Restorative Justice approach in every handling of ABH.
POLITICAL LEGAL POLICY THROUGH THE IMPLEMENTATION OF RESTORATIVE JUSTICE IN RENEWAL CRIMINAL LAW Heru Suhendro; Syaiful Asmi Hasibuan
Journal of International Islamic Law, Human Right and Public Policy Vol. 1 No. 4 (2023): December
Publisher : PT. Radja Intercontinental Publishing

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59733/jishup.v1i4.18

Abstract

Criminal law policy is one form of law, in terms of restorative justice it is an alternative for resolving cases outside of court (non-litigation). The aim of this research is to find legal political options in criminal law reform. Using a juridical approach using secondary data, it can be concluded that the legal politics of criminal law reform in Indonesia is currently still ongoing and is part of the development of the national legal system. The legal politics of developing a national legal system must be based on Pancasila as a guide and filtering tool for national legal politics and the 1945 Constitution as the basic law. One form of political reform of criminal law is to adopt the concept of restorative justice as an alternative mechanism for resolving legal problems that occur without using the judicial process. With this restorative justice approach, law enforcement from having always used a retributive (retaliation) approach has shifted to a restorative (recovery) approach. The concept of restorative justice can become a permanent legal policy in building the future national criminal law system.
THE USE OF TIKTOK AND SNACK VIDEO APPLICATIONS AGAINST STUDENT INCOME BASED ON JU'ALAH AKAD (Case Study Of Students Of The Faculty Of Economics And Business, Malikussaleh University) Nazli Hasan; Fuadi; Falahuddin; Arliansyah; Santriani Br Bancin
Journal of International Islamic Law, Human Right and Public Policy Vol. 1 No. 4 (2023): December
Publisher : PT. Radja Intercontinental Publishing

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59733/jishup.v1i4.19

Abstract

This study examines the practice of using the TikTok application and video snacks for Malikussaleh University Faculty of Economics and Business students in generating income based on the Ju'alah contract. The population in this study are all active students of the Faculty of Economics and Business, Malikussaleh University from 2015-2022, with a total of 3,450 students, including 872 students (S1), 2,578 students (S1) with a sample size of 10 (Ten) respondents consisting of 6 (Six) users of the tiktok application and 4 (Four) users of the video snack application. With the research method in the form of a qualitative analysis method by conducting direct interviews with respondents to get answers to the problems studied. The results showed that there is a practice of using the TikTok and Snack Video applications in obtaining income for students of the Faculty of Economics and Business, Malikussaleh University which is in accordance with the provisions of the Ju'alah contract. where in this Tiktok and Snack Video application there are Ja "il parties (Tiktok and Snack Video developers) and Ma "jul lah parties (Tiktok and Snack Video users). In addition, in the Tiktok and Snack Video applications there is also an object of Ju'alah work, where the object of Ju'alah in the Tiktok and Snack Video applications is to download the Tiktok application, invite friends (new users) and watch videos. However, there are several things that must be considered that a person or new user who is invited is not under duress then also not under threat from the inviting user. Furthermore, videos or content viewed in the Tiktok application and video snacks must not contain things that violate Shari'a such as videos that have elements of immorality and others that are prohibited by Shari'a..
HOAX AS A CRIMINAL ACT THROUGH ELECTRONIC MEDIA HOW TO OVERCOME HOAXES IN SOCIETY WITH A LEGAL SOCIOLOGY APPROACH Rizky Amalia Saragih
Journal of International Islamic Law, Human Right and Public Policy Vol. 1 No. 4 (2023): December
Publisher : PT. Radja Intercontinental Publishing

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59733/jishup.v1i4.20

Abstract

Hoax is a false notification in an attempt to deceive or influence readers or distributors to believe something, even though the news source used is fake and not circulating at all. This criminal act of hoax is regulated in Law Number 19 of 2016 concerning Amendments to Law Number 11 of 2008 concerning ITE, where the criminal sanctions are contained in Article 45 A paragraph 1 and/or paragraph 2. A legal sociology approach is also needed in dealing with this act. This hoax crime uses various legal sociological theories, one of which, for example, uses the theory of legal effectiveness which is considered to be able to minimize this crime.

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