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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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Analisis Yuridis Tindak Pidana Penyebaran Konten Asusila Berdasarkan Undang-Undang No. 19 Tahun 2016 Tentang Informasi Dan Transaksi Elektronik Satria Bagus Santoso
Albayan Journal of Islam and Muslim Societies Vol. 1 No. 02 (2024)
Publisher : Albayan Journal of Islam and Muslim Societies

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Criminal acts of indecency involving the dissemination of indecent photos through social media have a negative impact on society. The research questions include: (1) how are criminal acts of indecency involving the distribution of indecent photos through social media accounts regulated by law; (2) how are perpetrators held accountable; and (3) how do judges consider criminal sanctions against perpetrators, as in Decision Number 483/Pid.B/2019/PN.Amb. This research uses a descriptive literature review method and a normative legal approach analyzed qualitatively. Legal regulations regarding the distribution of indecent photos through social media are contained in the Criminal Code, Law Number 44 of 2008 concerning Pornography, and Article 27 paragraph (1) in conjunction with Article 45 paragraph (1) of Law Number 1 of 2024 concerning the Second Amendment to Law Number 11 of 2008 concerning ITE. The perpetrator's punishment in the verdict was 3 (three) years imprisonment and a fine of IDR 1,000,000,000, with a subsidiary penalty of 2 (two) months imprisonment. The panel of judges found all elements of the criminal offense proven based on evidence, witness testimony, and the defendant's statements. No justifying or exculpatory reasons were found, so the defendant's actions were legally accountable.
Analisis Yuridis Penyelesaian Tindak Pidana Penggelapan Melalui Pendekatan Keadilan Restoratif (Restoratif Justice)(Studi Putusan Pengadilan Negeri Tanjung Selor Nomor 39/Pid.B/2022/Pn Tjs) Chairuddin Lubis; Syahrul Bakti Harahap
Albayan Journal of Islam and Muslim Societies Vol. 1 No. 02 (2024)
Publisher : Albayan Journal of Islam and Muslim Societies

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Criminal law practice, which initially emphasized retributive justice, is shifting toward restorative justice, focusing on restoring relationships among victims, offenders, and society. This study examines the legal framework and mechanisms for applying restorative justice under Indonesian law, particularly in embezzlement cases through the District Court Decision of Tanjung Selor No. 39/Pid.B/2022/PN.Tjs. The research is descriptive with a normative juridical approach and qualitative analysis. Findings indicate that restorative justice is regulated under Supreme Court Regulation No. 1 of 2024, emphasizing dialogue, mediation, and reconciliation to achieve fair settlements. In the embezzlement case, the defendant directly apologized to the victim, expressed remorse, and accepted responsibility. The judge’s consideration focused on recovery, resulting in a five-month prison sentence, lighter than the prosecutor’s demand. The study concludes that restorative justice provides a faster, simpler, fairer resolution while reducing the burden on the judicial system. It is recommended that the legal substance of restorative justice be further strengthened and law enforcement officers optimize its implementation by involving community participation and legal culture.
Implementasi Sanksi Pidana Dan Etik Terhadap Oknum Anggota Kepolisian yang Melakukan Tindak Pidana Penyalahgunaan Narkotika Fadly Devari; 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 study examines the implementation of criminal sanctions and ethical codes against police officers involved in drug abuse. Law Number 35 of 2009 on Narcotics applies not only to the general public but also to members of the Indonesian National Police. The research focuses on the legal framework for ethical violations, law enforcement mechanisms by the Professional and Security Division (Bidpropam) of the North Sumatra Regional Police, and the challenges faced during enforcement. The study employs normative and empirical juridical approaches, supported by interviews with Aipda M. Ikhwan Hasibuan, a Bidpropam accreditor. Findings indicate that police officers proven to have abused narcotics remain subject to criminal proceedings despite disciplinary or ethical sanctions. Ethical hearings determine further measures, including dishonorable discharge if the imposed criminal sentence exceeds five years. Legal regulations governing these processes are stipulated in Law No. 35 of 2009, Law No. 2 of 2002 and 2003, Government Regulation No. 2 of 2003, and Police Regulation No. 7 of 2022. Obstacles in enforcement include the absence of alleged violators during proceedings and the lengthy duration of court trials. This study underscores that consistent law enforcement against police officers involved in narcotics abuse is essential to uphold the integrity of the police institution.
Mekanisme Penindakan Terhadap Oknum Anggota Polisi yang Melakukan Pelanggaran Kode Etik Oleh Bidang Profesi Dan Pengamanan (PROPAM) Dahri Iskandar
Albayan Journal of Islam and Muslim Societies Vol. 1 No. 02 (2024)
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The attitudes and behavior of members of the Indonesian National Police are governed by the Police Professional Code of Ethics as stipulated in Police Regulation Number 7 of 2022. This study examines the legal framework and enforcement mechanisms implemented by Propam against police officers who violate the code of ethics, as well as the challenges and efforts encountered in the process. The research is descriptive-analytical with an empirical juridical approach. Data were collected through literature review and field research at the North Sumatra Regional Police, consisting of both primary and secondary sources. The findings reveal that enforcement against ethical violations includes not only ethical sanctions but also criminal penalties under the Indonesian Criminal Code and administrative sanctions as regulated in Police Regulation No. 7 of 2022. The enforcement process begins with public reports, internal investigations, and hearings before the Police Code of Ethics Commission, which consists of three to five members, including the adjudicator (Ankum), prosecutor, and advisor, all from within the police institution. Challenges include the absence of alleged violators, lengthy trial proceedings, and limitations in internal supervision. This study emphasizes the importance of consistent enforcement by Propam to uphold professionalism and the integrity of the police institution.
Pertanggungjawaban Hukum Pengemudi Bus Angkutan Umum terhadap Kecelakaan yang Mengakibatkan Penumpang Meninggal Dunia: Analisis Yuridis di Polres Aceh Utara Tengku Sulaiman; Irwansyah Nasution
Albayan Journal of Islam and Muslim Societies Vol. 1 No. 01 (2024)
Publisher : Albayan Journal of Islam and Muslim Societies

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This study analyzes the legal accountability of public bus drivers involved in traffic accidents causing passengers' death, focusing on the criminal, civil, and administrative dimensions of responsibility. Using a normative-empirical juridical approach, the research examines statutory regulations, police investigation procedures, and court decisions related to fatal road accidents. The findings indicate that although the drivers’ negligence is the primary cause, systemic factors such as vehicle unfitness, weak supervision, and lack of passenger protection contribute significantly. Therefore, effective enforcement requires harmonizing criminal law principles with preventive transportation safety policies and the ethical responsibility of public transport operators.
Analisis Yuridis Tindak Pidana Pemerasan dengan Pengancaman (Studi Putusan Pengadilan Negeri Medan Nomor 1625/Pid.B/2024/PN.Mdn) Haikal Arba’a
Albayan Journal of Islam and Muslim Societies Vol. 1 No. 01 (2024)
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This study analyzes the legal aspects of extortion accompanied by threats as regulated under Article 368 of the Indonesian Criminal Code, using a case study of Decision No. 1625/Pid.B/2024/PN.Mdn. Employing a normative juridical approach combined with qualitative analysis, the research examines the elements of the criminal act, the evidentiary process, and the judge’s legal considerations. Findings show that the defendant’s actions fulfilled all material and formal elements of extortion by threat. However, discrepancies remain between the theoretical interpretation of coercion and its judicial application. Therefore, the research suggests the need for consistency in sentencing and preventive measures through public legal awareness.
Analisis Yuridis Pertanggungjawaban Pidana terhadap Pelaku Penangkapan Ikan dengan Menggunakan Jaring Trawl Secara Illegal (Studi Putusan Nomor 1/Pid.Sus-PRK/2024/PN Mdn) M. Syahrul; Rachmat Hidayat
Albayan Journal of Islam and Muslim Societies Vol. 1 No. 01 (2024)
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This research analyzes criminal liability for illegal fishing using trawl nets, based on Decision No. 1/Pid.Sus-PRK/2024/PN Mdn. The study employs a normative juridical method by examining statutory provisions and the judge’s reasoning in imposing sanctions. Findings show that the act of using trawl nets violates the Fisheries Law and environmental principles, as it damages marine ecosystems and threatens sustainable fish resources. The judgment upholds both retributive and preventive goals by punishing the perpetrator while promoting environmental deterrence. The study concludes that legal enforcement in fisheries requires consistency and integration between criminal sanctions and sustainable development policy.
Analisis Yuridis Pidana Penjara dan Rehabilitasi terhadap Pecandu Narkotika Jenis Shabu (Studi Putusan Pengadilan Negeri Sei Rampah Nomor 9/Pid.Sus/2024/PN Srh) Marfiansyah; Rachmat Hidayat
Albayan Journal of Islam and Muslim Societies Vol. 1 No. 01 (2024)
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This study analyzes the juridical aspects of imprisonment and rehabilitation for drug addicts, focusing on crystal methamphetamine (“shabu”) abuse as examined in the District Court of Sei Rampah Decision No. 9/Pid.Sus/2024/PN Srh. Using a normative juridical method with a statutory and case approach, this research explores how the principles of punishment and rehabilitation interact within Indonesia’s narcotics legal framework. The findings reveal that the court tends to impose imprisonment instead of rehabilitation, showing a preference for deterrence rather than recovery. Such a stance creates tension between the punitive and therapeutic aspects of criminal justice. The study argues that a restorative and therapeutic justice approach, emphasizing human rights and social reintegration, should be prioritized to realize a humane and balanced narcotics criminal policy in Indonesia.
Implementasi Konsep Trias Politica dan Peradilan pada Masa Rasulullah SAW serta Khulafaur Rasyidin Munthe, Syaiful Akromi
Albayan Journal of Islam and Muslim Societies Vol. 2 No. 02 (2025)
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This study aims to examine the implementation of the concept of trias politica and the judicial system during the time of the Prophet Muhammad (peace be upon him) and the era of the Rightly Guided Caliphs, with a focus on how the principle of separation of powers was manifested in early Islamic governance. The research employs a descriptive qualitative method through library research, comparing primary sources such as the Qur’an, Hadith, and the Charter of Medina, along with relevant secondary scholarly literature. The analysis is grounded in the theory of separation of powers and the Islamic theory of justice. The findings indicate that during the Prophet Muhammad’s leadership, the concept of trias politica had not yet been formally established. Nonetheless, legislative, executive, and judicial functions were integrated within a single authority, as reflected in the Charter of Medina, which affirms his role as lawmaker, administrator, and judge. In the era of the Khulafaur Rasyidin under Caliph Umar ibn al-Khattab the governmental structure began to show a clearer delineation of powers through the establishment of a more independent judiciary and the reinforcement of procedural justice principles. In conclusion, although a formal separation of powers was not implemented during either period, both the Prophet Muhammad and the Rightly Guided Caliphs upheld fundamental values such as justice, consultation (shura), and the rule of law. These values served as the essential foundations for the development of Islamic governance.
Dakwah Digital dan Tantangan Verifikasi Hadis: Studi Terhadap Pemahaman Audiens di Media Sosial Manik, Zulfirman; Nur Jannah; Moh Ikhsan Azmi; Fatonah Rahmah; Riza Fitri Lubis
Albayan Journal of Islam and Muslim Societies Vol. 2 No. 02 (2025)
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The advancement of information technology has transformed the methods of Islamic preaching (da'wah), positioning social media as a primary platform for disseminating religious messages. Amid the rapid and massive flow of information, the spread of hadiths through digital media faces serious challenges in terms of verification and source authenticity. This study aims to understand how social media audiences perceive the importance of hadith verification in the context of digital da'wah and how such understanding influences their reception of religious content. This research employs a qualitative approach using a case study method, with data collected through in-depth interviews, participatory observation, and content analysis of social media platforms. The analysis is grounded in information reception theory and digital religious literacy. The findings reveal a diversity of audience understanding regarding hadith authenticity, influenced by educational background, trust in digital preachers, and exposure to religious content. The analysis shows that low levels of digital Islamic literacy contribute to the widespread dissemination of inauthentic hadiths. Compared to previous studies and relevant theories, this research emphasizes the need for a systematic enhancement of digital religious literacy. In conclusion, audience understanding of hadith verification remains uneven, highlighting the need for da'wah strategies that are not only informative but also educational within the social media landscape.

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