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Albayan : Journal of Islam and Muslim Societies
Published by Yayasan Dar Arrisyah Indonesia
ISSN : -     EISSN : 30646219     DOI : -
Core Subject : Religion, Humanities, Education, Social,
Religion Humanities Law, Crime, Criminology & Criminal Justice Social Sciences Other
Albayan Journal of Islam and Muslim Societies (AJIMS) is an international peer reviewed journal published by Yayasan Dar Arrisyah Indonesia. AJIMS has the primary academic mission to develop various Islamic studies based on contemporary Islamic perspective, particularly in Indonesia, and Commonly in Asia and Middle East.
Arjuna Subject : Ilmu Sosial - Ilmu Sosial (Lain-Lain)
Articles 41 Documents
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Implementasi Sanksi Pidana Terhadap Anggota Kepolisian Sebagai Pelaku Pengguna Narkoba (Studi Kasus Satuan Brimob Polda Sumut) Kelana Efendi; Dani Sintara
Albayan Journal of Islam and Muslim Societies Vol. 2 No. 01 (2025)
Publisher : Albayan Journal of Islam and Muslim Societies

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Abstract

Drug abuse has become a highly alarming form of crime in many countries, including Indonesia. Narcotics-related crimes have posed a serious threat to the survival of the nation and the state, as they have involved various groups of people, ranging from adults and children to law enforcement officers. In Indonesia, cases of narcotics and psychotropic substance abuse have increasingly raised concerns due to their expanding and pervasive impact. Despite the enforcement of strict legal sanctions—including the death penalty—the spread of such crimes has continued to escalate. The management of these offenses has been undertaken by law enforcement agencies, namely the police, prosecutors, judges, and correctional officers. However, it is deeply regrettable that the police, who are expected to help eradicate narcotics-related crimes, have themselves been implicated in drug abuse. This research was qualitative in nature and employed a normative-empirical research design. The normative-empirical approach was a research methodology that integrated normative legal elements with empirical or data-based components to provide a more comprehensive analysis. The results of this study indicated that the implementation of criminal sanctions against police officers involved in narcotics abuse consisted of two legal process stages. The first was the general criminal procedure, which included arrest, investigation, detention, transfer to the prosecutor’s office and the court, followed by trial and verdict. Once the general criminal process was completed, the offender was required to undergo a disciplinary and code of ethics hearing within the police institution.In the process of applying criminal sanctions to police officers involved in drug-related offenses, the Provost Division (Divpropam) faced internal challenges. These challenges included the limited number of personnel in the North Sumatra Mobile Brigade (Satbrimob Polda Sumut) who had received training in narcotics investigations, inadequate budget allocation for conducting investigations, and challenges in coordinating schedules with related parties during the investigation process
Analisis Yuridis Peningkatan Pelayanan Paspor Di Era Digital Pada Kantor Imigrasi Kelas II Belawan Ditinjau Menurut UU No 6 Tahun 2011 Andreas Virga Siahaan; Tri Reni Novita
Albayan Journal of Islam and Muslim Societies Vol. 1 No. 02 (2024)
Publisher : Albayan Journal of Islam and Muslim Societies

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This research aims to analyse the improvement of passport services in the digital era at the Class II Belawan Immigration Office from a juridical point of view, specifically based on Law Number 6 of 2011 concerning Immigration. The main focus of this research includes three aspects, namely: legal arrangements related to passport services according to laws and regulations, identification of obstacles in the implementation of digital services, and solutions applied by the Immigration Office in overcoming these problems.The research method used is empirical juridical method, with data collection techniques through literature study and direct interviews with immigration officers and academics in the field of state administrative law. The results showed that digital passport services have had a positive impact on the efficiency and transparency of public services. However, there are still obstacles in the form of a lack of public digital literacy, technological infrastructure constraints, and the need to strengthen personal data protection.In conclusion, the digitalisation of passport services is a policy that is legally valid and in accordance with immigration principles. To create inclusive and sustainable services, synergy between the government, the community, and the private sector is needed in terms of education, system strengthening, and legal protection.
Analisis Yuridis Peran Media Sosial sebagai Alat Propaganda dan Rekrutmen Kelompok Teror di Indonesia: Tinjauan atas Undang-Undang Nomor 19 Tahun 2016 tentang Informasi dan Transaksi Elektronik Hidayat Teja
Albayan Journal of Islam and Muslim Societies Vol. 2 No. 01 (2025)
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Social media has become a primary instrument for disseminating radical propaganda and recruiting members of terrorist groups in Indonesia. This study aims to provide a juridical analysis of how terrorist organizations exploit social media, and the effectiveness of Law No. 19 of 2016 on Electronic Information and Transactions (ITE Law) in addressing such threats. Using a normative approach with descriptive-analytical methods, the research finds that platforms such as Telegram, Facebook, and YouTube are strategically utilized to spread extremist ideologies, hate speech, and violent instructions. The study also reveals challenges in law enforcement, including technological limitations, institutional fragmentation, and the ambiguous interpretation of ITE provisions. Therefore, a holistic approach is necessary—incorporating strong legal enforcement, digital literacy enhancement, and international cooperation—to counter digital terrorism propaganda.
Tinjauan Yuridis Terhadap Pelaku Flexing Media Sosial Terkait Arisan Bodong Di Kabupaten Karo Silalahi, Taruli Silalahi
Albayan Journal of Islam and Muslim Societies Vol. 2 No. 01 (2025)
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This study aims to provide a juridical analysis of the flexing phenomenon on social media used as a method of fraud in illegal online rotating savings (arisan bodong) in Karo Regency. Flexing refers to the act of displaying wealth or a luxurious lifestyle in a manipulative manner to build a credible image and gain public trust, especially within online savings groups. The research employs a descriptive qualitative approach with data collection techniques including interviews, documentation, and literature review. Findings indicate that perpetrators of flexing may be prosecuted under Article 378 of the Indonesian Criminal Code (fraud), Article 28(1) of the Electronic Information and Transactions Law (ITE Law), and the Consumer Protection Law, although no specific regulation yet explicitly governs fraud based on flexing. Major challenges in law enforcement include difficulties in digital evidence collection, low legal literacy among victims, and limited capacity of law enforcement agencies in handling cybercrime. Thus, legal reform and strengthened digital consumer protection systems are urgently needed to prevent the recurrence of such fraudulent practices in the future.
Perkembangan Qira’at Dari Masa Klasik Ke Era Kontemporer :  Kajian Terhadap Qurra’  Indonesia Milhan
Albayan Journal of Islam and Muslim Societies Vol. 2 No. 01 (2025)
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This study investigates the historical and contemporary development of Qira'at, the variant readings of the Qur’an, tracing its origins from the Prophet Muhammad and his companions to its institutionalization and transmission by Indonesian Qurra’. The research employs a historical-analytical method by exploring classical Islamic sources and documenting the educational chains (sanad) and institutions that preserve Qira'at traditions. Findings indicate that Qira’at evolved from oral transmission among companions and tabi'in into a standardized system during the Abbasid period through the efforts of scholars like Ibn Mujahid. In the contemporary era, Qira’at has expanded globally, including in Indonesia, where it is cultivated through pesantren, madrasahs, and national institutions such as LPTQ. Indonesian Qurra’ have played a pivotal role in preserving these traditions, supported by both formal and informal educational systems. The study concludes that Qira’at remains integral to the Quranic tradition, with its continuity ensured through systematic transmission, institutional support, and increasing public interest.
Analisis Yuridis Penanganan Perkara Tindak Pidana Pungutan Liar Oleh Penyidik Kepolisian Dewi Khartika Siburian; Muhammad Hizbullah
Albayan Journal of Islam and Muslim Societies Vol. 1 No. 01 (2024)
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This research examines the role and position of police investigators in handling extortion cases, the forms of law enforcement undertaken, as well as the obstacles and efforts encountered. The police hold an ambivalent position in the context of extortion: as law enforcers obligated to eradicate illegal levies, while also potentially being perpetrators themselves. This study employs a normative juridical method with a descriptive-analytical approach. The findings reveal that the legal basis for handling extortion lies within the Indonesian Penal Code (KUHP), Law Number 20 of 2001 concerning Corruption, and Presidential Regulation Number 87 of 2016 concerning the Saber Pungli Task Force. The main obstacles in eradicating extortion include weak socialization, lack of internal supervision, and low legal awareness among society. The study highlights the necessity of strengthening internal police oversight and enhancing inter-agency coordination to ensure that anti-extortion efforts are not merely repressive but also preventive. The novelty of this research lies in its comprehensive legal analysis of the role of police investigators within the Indonesian legal framework and its contribution to strengthening the integrity of law enforcement institutions.
Analisis Yuridis Tindak Pidana Penggelapan Mobil Rental dengan Identitas Palsu: Studi Putusan PN Palu No. 180/Pid.B/2023/PN Pal Amri Siregar; Halimatul Maryani
Albayan Journal of Islam and Muslim Societies Vol. 1 No. 01 (2024)
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The phenomenon of car rental embezzlement using false identities has emerged as a growing form of crime in line with the increasing demand for rental-based transportation services. This crime not only causes significant financial losses to rental business owners but also raises complex legal issues, involving elements of fraud and identity misuse. This article provides a juridical analysis of the District Court of Palu Decision No. 180/Pid.B/2023/PN Pal, which adjudicated a case of car rental embezzlement using a false identity, employing a normative juridical approach with an emphasis on both substantive and procedural criminal law. The findings highlight the implications of applying Article 372 of the Indonesian Penal Code (KUHP) on embezzlement in relation to Article 263 on forgery. This study contributes to the literature on legal protection for car rental businesses and offers insights into the development of criminal law in addressing new forms of crime.
Pidana Mati atas Permufakatan Jahat dalam Kejahatan Narkotika: Analisis Putusan PN Medan No. 1957/Pid.Sus/2023/PN Mdn Angga Prasetya
Albayan Journal of Islam and Muslim Societies Vol. 1 No. 01 (2024)
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Criminal conspiracy (samenspanning) in narcotics offenses has become a crucial issue in Indonesian criminal law, particularly when punishable by death penalty. The case of District Court of Medan Decision No. 1957/Pid.Sus/2023/PN Mdn illustrates how the court interpreted the involvement of defendants in an international narcotics network, even though the crime had not yet been fully carried out. This article aims to analyze the juridical grounds for imposing the death penalty in narcotics conspiracy cases and to assess its conformity with justice, legal certainty, and human rights protection. The research applies a normative juridical method through case study analysis, combined with doctrinal review and statutory approaches. Findings indicate that death penalty in narcotics conspiracy often triggers debates between the effectiveness of narcotics eradication and the protection of the right to life, suggesting the need for harmonization between positive law, criminal policy, and international human rights principles.  
Tinjauan Yuridis Penanggulangan Tindak Pidana Kecelakaan Lalu Lintas Oleh Anak Yang Mengakibatkan Matinya Korban Rudi Anto Sinaga
Albayan Journal of Islam and Muslim Societies Vol. 1 No. 02 (2024)
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This study aims to determine the discretion in traffic crimes that result in the loss of life of others by children, the implementation of police discretion, as well as obstacles and efforts in its application. The research method uses a normative and empirical legal approach. The normative study examined Law No. 11 of 2012 concerning the Juvenile Criminal Justice System (SPPA) and Law No. 2 of 2002 concerning the Indonesian National Police. The empirical study was conducted by examining the practice of police discretion, particularly at the Indrapura Police Station. The results of the study show that the legal basis for police discretion is found in Article 18 paragraph (1) of the Police Law, which gives the authority to act according to one's own judgment in the public interest. In practice, the police apply a restorative justice model through Alternative Dispute Resolution (ADR) in the form of mediation between the child offender and the victim's family. This mechanism aims to protect the best interests of the child while restoring social relations. The obstacles that arise are the choice of imprisonment or fines as sanctions, where the community prefers fines so as not to cause a deterrent effect, as well as the negative perception of children towards the police due to a lack of legal understanding. In conclusion, police discretion in juvenile traffic cases prioritizes restorative justice, but its effectiveness is limited due to obstacles in legal awareness and the weakness of the applicable sanctions.
Penegakan Sanksi Kode Etik Profesi Kepolisian Terhadap Anggota Polri Melakukan Pungutan Liar Gatot Priadi
Albayan Journal of Islam and Muslim Societies Vol. 1 No. 02 (2024)
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Police officers who commit extortion crimes have violated disciplinary rules and the code of ethics because every member of the Police is obliged to uphold the law and maintain the honor, reputation, and dignity of the Indonesian National Police. The formulation of the problem in this study is how to regulate the law on extortion committed by members of the Traffic Police Unit, how is the accountability of members of the Traffic Police Unit who commit extortion, how to resolve violations of the code of ethics of the Traffic Police Unit who commit extortion. This study is a descriptive analytical study that leads to empirical legal research. The data sources in this study are primary data and secondary data. Primary data is data obtained directly from research at the North Sumatra Regional Police. Data collection tools are library research and field research. The legal regulation of extortion carried out by members of the Traffic Police Unit is regulated in Law Number 2 of 2002 concerning the Republic of Indonesia Police, Law Number 20 of 2001 concerning Corruption Crimes, Presidential Regulation (Perpres) Number 87 of 2016 concerning the Task Force for Eradicating Extortion (Saber Pungli) and the Criminal Code. The weakness of this law is that it does not explicitly regulate sanctions against perpetrators of extortion crimes. The accountability of members of the Traffic Unit who carry out extortion, the North Sumatra Regional Police will take strict action against its members who are proven to have carried out extortion in carrying out services to the community, namely being removed from their positions and not being allowed to carry out traffic duties in the field and being assigned as Casual Daily Employees (PHL). The resolution of violations of the code of ethics of the North Sumatra Regional Police Traffic Unit who carry out extortion is by forming a special team (Timsus) tasked with eradicating police members who carry out extortion (Pungli) while carrying out state duties. This team is tasked with monitoring member activities at the internal and external police levels.

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