LEGITIMASI: Jurnal Hukum Pidana dan Politik Hukum
The Legitimasi Journal (the Journal of Criminal and Political Law) published biannually in January and July, is published by the Faculty Shariah and Law UIN Ar-Raniry Banda Aceh. Its purpose is to promote the study of criminal law and Islamic law in general and to discuss discourses of the development of criminal law and government policies in various perspectives. It is also to help in the understanding of criminal law and politic of law in Indonesia.
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<![CDATA[Hukum Islam di Indonesia Pada Masa Orde Baru (1966-1997) ]]>
<![CDATA[EMK Alidar]]>
<![CDATA[ Legitimasi: Jurnal Hukum Pidana dan Politik Hukum Vol 1, No 2 (2012) ]]>
Publisher : <![CDATA[Islamic Criminal Law Department, Faculty of Sharia and Law, UIN Ar-Raniry ]]>
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DOI: 10.22373/legitimasi.v1i2.1429
<![CDATA[During the new order, led by President Soeharto, was a period in which the development of Islamic law seems to stagnate and not grow. It is not independent because of the political policy of the new order government highly extol the sole basis of Pancasila in every aspect of life of the nation. So that the ideologies other than that are to be mitigated as much as possible including religious ideology undertaken to minimize its existence. However, at the end of the period of the reign of the new order regime, there was some very significant changes to the development of Islamic law in Indonesia with the birth of several laws that breathe of Islam.]]>
<![CDATA[Ijtihad Ali Ibn Abi Thalib Bidang Jinayah dalam Kitab Muwatha' Imam Malik ]]>
<![CDATA[Faisal Yahya]]>
<![CDATA[ Legitimasi: Jurnal Hukum Pidana dan Politik Hukum Vol 1, No 2 (2012) ]]>
Publisher : <![CDATA[Islamic Criminal Law Department, Faculty of Sharia and Law, UIN Ar-Raniry ]]>
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DOI: 10.22373/legitimasi.v1i2.1425
<![CDATA[Abstract. Ali made the decision diyat in Yemen, but not accepted by the tribes in Yemen, so that they said to the Prophet. This shows that ijtihad Ali was not followed by these tribes. Ali has also been requested by Muawiyah opinion on issues in the region, this shows the depth of the science of Ali. In this paper will be described ijtihad Ali in the book Muwatha' will then be sought about the extent jinayah ijtihad was followed by the priests of his contemporaries and schools. There are two ijtihad Imâm Ali in Muwatha', the first woman who gave birth within six months is not proof that she committed adultery, ijtihad is followed by the schools of his contemporaries and the priests, the second sentence wine drinkers eighty lashes, this opinion is followed by 'Umar ibn Khaththab, the Hanafî and Maliki.]]>
<![CDATA[Politik Hukum Ekonomi Syariah di Indonesia ]]>
<![CDATA[Nevi Hasnita]]>
<![CDATA[ Legitimasi: Jurnal Hukum Pidana dan Politik Hukum Vol 1, No 2 (2012) ]]>
Publisher : <![CDATA[Islamic Criminal Law Department, Faculty of Sharia and Law, UIN Ar-Raniry ]]>
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DOI: 10.22373/legitimasi.v1i2.1430
<![CDATA[Legal policy is understood as the aims or policy direction taken by the government in making and implementing rules and regulations to achieve the state goal. The implementation of sharia economics in Indonesia, showed that the regulation is very fundamental to the growth and development of Islamic economics. In the first 10 years (1991-1999), the activities of Islamic economics were not well developed because it is not supported by adequate regulation. But in the second 10 years (2000-2011), there is a rapid progress in the area of Islamic banking, Islamic insurance, Islamic capital market, Syariah Obligation, Islamic mutual fund, microfinance institution, and Islamic public finance. This study concluded that the formal regulation and the economic policy of Indonesian government on the Islamic economics had been very positive. This means that the goverment has play a very good rules and support by setting a conducived formal regulation for supporting the sharia economics development in Indonesia.]]>
<![CDATA[Analisis Pemikiran Ibnu Hazm Tentang Kesaksian Wanita dalam Pidana Zina ]]>
<![CDATA[Mukhsin Nyak Umar]]>
<![CDATA[ Legitimasi: Jurnal Hukum Pidana dan Politik Hukum Vol 1, No 2 (2012) ]]>
Publisher : <![CDATA[Islamic Criminal Law Department, Faculty of Sharia and Law, UIN Ar-Raniry ]]>
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DOI: 10.22373/legitimasi.v1i2.1426
<![CDATA[Testimony is valid evidence to obtain legal certainty. Of proof in criminal adultery with a request for information made four male witnesses as represented in the texts of the Koran. Ibnu Hazm practice texts generality arba'ati syuhada include men and women and reject hadis munqathi' basis for justification of testimony limited to the male gender only. This argument is the basis for Ibn Hazm allowing women to testify in criminal adultery while guided by the principle of equality of men and women. In addition, Ibnu Hazm also rejected the psychological condition of women as a reason for refusing the testimony of women in certain fields. This condition can be anticipated by the number of witnesses more women than men because the Qur'an clearly define terms that are fair witness is owned by men and women]]>
<![CDATA[Urgensi Perlindungan Saksi dalam Undang-Undang Nomor 13 Tahun 2006 ]]>
<![CDATA[Edi Yuhermansyah]]>
<![CDATA[ Legitimasi: Jurnal Hukum Pidana dan Politik Hukum Vol 1, No 2 (2012) ]]>
Publisher : <![CDATA[Islamic Criminal Law Department, Faculty of Sharia and Law, UIN Ar-Raniry ]]>
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DOI: 10.22373/legitimasi.v1i2.1427
<![CDATA[Protection of witnesses is not based on charity law enforcers, but a right guaranteed by law. Government with members of the legislature has enacted a law on protection of witnesses and victims. The impact of the birth of this legislation to guarantee the physical protection of witnesses from threats and protection of freedom of the witness to ensure the information it conveys no intervention from certain parties. Guarantee the protection of witnesses to be strong after the birth of the witness and victims protection agency is given authority to handle the implementation of protection, the protection of policy-making and supervision. Although this form of protection provided in the statute has not been given guarantees legal protection that is always necessary witness in the face of serious criminal cases.]]>
<![CDATA[The Implementation of Sharia in Aceh (Pelaksanaan Syariat Islam di Aceh) ]]>
<![CDATA[Misran Misran]]>
<![CDATA[ Legitimasi: Jurnal Hukum Pidana dan Politik Hukum Vol 1, No 2 (2012) ]]>
Publisher : <![CDATA[Islamic Criminal Law Department, Faculty of Sharia and Law, UIN Ar-Raniry ]]>
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DOI: 10.22373/legitimasi.v1i2.1423
<![CDATA[Implementation of sharia in Aceh is identified as the historical-sociological value. This provision is developed based on the reaction of the Acehnese people who expect the rules of sharia are born through the Qanun. Therefore, imposition of Islamic sharia and how well are they enforced, seems adapted to the prevailing customs and traditions, as proof with the Qanun 9/2009 on the implementation of indigenous life and Qanun 10 of the customary institutions ratified on December 30, 2008, which previously was in the form of local government 7/2003. Then how are the views and the response to the enactment and implementation of sharia in Aceh. This course requires an effort to consider the legal systems that do not experience gaps in supporting the establishment of sharia in Aceh.]]>
<![CDATA[Tindak Pidana Pencucian Uang (Money Laundering) dan Strategi Pemberantasan ]]>
<![CDATA[Ayumiati Ayumiati]]>
<![CDATA[ Legitimasi: Jurnal Hukum Pidana dan Politik Hukum Vol 1, No 2 (2012) ]]>
Publisher : <![CDATA[Islamic Criminal Law Department, Faculty of Sharia and Law, UIN Ar-Raniry ]]>
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DOI: 10.22373/legitimasi.v1i2.1428
<![CDATA[Money laundering is a criminal offense had been committed in order to disguise the origin of the wealth that was haram to be halal. Thus the launderer can develop, especially the illegal business of narcotics crimes. Crimes related to narcotics money laundering because of drug crimes are crimes of origin (predicate crime), and advanced money laundering is a crime (crime derivative). The birth of anti-money laundering regime is internationally starts with the issuance United Nations Conventions Against Illicit Traffic in Narcotic Drugs and Psychotropic Substances in 1988 which is the culmination of the crime of money laundering combating illicit narcotics and psychotropic substances. In 2002 and 2003 the government of Indonesia passed legislation that is anti-money laundering Law No. 15 Year 2002 jo. Act No. 23 of 2003 in which a drug crime as evil places of origin of money laundering.]]>
<![CDATA[Tindak Pidana Minuman Khamar dalam Qanun Provinsi Aceh Nomor 12 Tahun 2003 ]]>
<![CDATA[Syarifuddin Usman]]>
<![CDATA[ Legitimasi: Jurnal Hukum Pidana dan Politik Hukum Vol 1, No 2 (2012) ]]>
Publisher : <![CDATA[Islamic Criminal Law Department, Faculty of Sharia and Law, UIN Ar-Raniry ]]>
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DOI: 10.22373/legitimasi.v1i2.1424
<![CDATA[Islam forbids his people to do acts that could harm future either again himself, nor to the community and surrounding environment. One of the prohibited acts and should be shunned by a moslem is the act of taking something that fifth major precept, like drinking alcohol. In Islamic law in Aceh Province Qanun Number 12 of 2003, a person who drink alcohol will be subject to maximum caning eighty lashes and least forty lashes. That Qanun will provide a detterent effects and embrassing to the perpetrators, because the punishment was carried out in front of crowds in presence of many people, let one published in the newspapers an television.]]>
