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Edi Yuhermansyah
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INDONESIA
LEGITIMASI: Jurnal Hukum Pidana dan Politik Hukum
Published by Universitas Islam Negeri Ar-Raniry Banda Aceh
ISSN : 20888813     EISSN : 25795104     DOI : 10.22373/legitimasi
Core Subject : Social,
Law, Crime, Criminology & Criminal Justice
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.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 6 Documents
 1 
Search results for , issue "Vol 12, No 1 (2023)" : 6 Documents clear
Pendekatan White Collar Crime: Penanggulangan Tindak Pidana Pembayaran Upah Dibawah Minimum Datuk Abdul Azizul Hakim; Sumarno Sumarno
Legitimasi: Jurnal Hukum Pidana dan Politik Hukum Vol 12, No 1 (2023)
Publisher : Islamic Criminal Law Department, Faculty of Sharia and Law, UIN Ar-Raniry

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22373/legitimasi.v12i1.16660

Abstract

Abstract: The criminal act of paying wages below the minimum wage is not distinct from the criminal aspect of white collar crime, that is a criminal offense committed by a person with a high socioeconomic status and a respectable commission of a crime in the interest of his work. The corporate criminal acts frequently include white collar crimes. The company's activities give a possibility for white-collar criminality to occur. The study investigates the legal resolution of crimes involving wages below the minimum wage using the white collar crime approach. This is a juridico-normative study employing qualitative data analysis. The juris-normative method is employed to analyze data through a library study on specialized secondary data discussing the norms contained in the provincial minimum wage provisions. Juridic-normative method refers to research that leads to the origins of white-collar crime, specifically in relation to the origins of good faith, with the intention of establishing justice. The results indicate that there are still numerous business owners who do not comply with the regulations. This practice has a significant impact on the well-being of victims of crime earning below the minimum wage. The efficacy of efforts to prevent criminals from receiving below-minimum payments must consider the causes of the crime. The examination of this research found criminological factors in the criminal act of paying wages below the minimum, white collar crime characteristics, and preventive and repressive efforts in the management of white collar crime.
Tipologi Pemikiran Fikih Nahdhatul Ulama Salman Abdul Muthalib
Legitimasi: Jurnal Hukum Pidana dan Politik Hukum Vol 12, No 1 (2023)
Publisher : Islamic Criminal Law Department, Faculty of Sharia and Law, UIN Ar-Raniry

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22373/legitimasi.v12i1.15995

Abstract

This paper examines the typology of Nahdlatul Ulama fiqh thinking as one of the major religious organizations in Indonesia. A religious organization inherently shares a basic foundation with the society itself, thereby encountering no challenges in carrying out various organizational activities. This paper aims to determine whether this organization falls into the categories of tajdid, salaf, or tamazhub. Based on the analysis of its articles of association, muktamar (major assembly), and fatwas, it can be concluded that Nahdlatul Ulama was initially categorized as adhering to a particular school of jurisprudence (mazhab). However, since the 1990s, Nahdlatul Ulama has not only followed the opinions of a single school of thought but has also studied the methods pursued by scholars of that school.
Penyelesaian Tindak Pidana Ringan Melalui Upaya Nonpenal Deni Pramono; Slamet Rohadi; Galuh Adi Wijaya; Andreas Zulkarnain
Legitimasi: Jurnal Hukum Pidana dan Politik Hukum Vol 12, No 1 (2023)
Publisher : Islamic Criminal Law Department, Faculty of Sharia and Law, UIN Ar-Raniry

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22373/legitimasi.v12i1.17966

Abstract

This study of analyze the settlement of minor crimes through the non penal route as well as efforts to overcome obstacles and sanctions given in the settlement of minor crimes through the non-penal route. The approach used is the statute approach, the analytical approach and the conceptual approach, the case approach. The types and sources of legal materials are primary legal materials, secondary legal materials. The technique of collecting legal materials in normative research is known as library research, namely the technique of collecting legal materials between primary, secondary and tertiary legal materials. Legal material analysis techniques in this study used descriptive-evaluative legal material analysis techniques and interpretive analysis. The results of his research are as written in Article 18 paragraph (1) of Law Number 2 of 2002 concerning the State Police "for the public and community interests, officials of the Indonesian National Police in carrying out their functions, duties and authorities can act in accordance with their own evaluators. Paragraph (2) stipulates that the implementation of the provisions referred to in paragraph (1) can only be carried out in very necessary circumstances with due observance of laws and regulations, as well as the Code of Ethics of the Indonesian National Police. 
Pertanggungjawaban Pidana Pencemaran Nama Baik Pejabat Pemerintah Melalui Media Sosial Sherlyana Carmelita Tey Bhera; Retno Dewi Pulung Sari
Legitimasi: Jurnal Hukum Pidana dan Politik Hukum Vol 12, No 1 (2023)
Publisher : Islamic Criminal Law Department, Faculty of Sharia and Law, UIN Ar-Raniry

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22373/legitimasi.v12i1.17974

Abstract

Defamation is a form of evil associated with dishonour and a person's good name. As the digital era of libel proliferates, the result of this development, many people suffer, even government officials. This study uses a legal-normative research method. Data collection was carried out by means of a literature study on related legal materials and analyzed descriptively. The results of the research show Indonesian legislation to protect an Indonesian person's honour and the good name was regulated under section 19 of 2016 to change section number 11 of 2008 in article 27 about information and electronic transaction (3). The criminal defamation applies to the delicht in article 45 (5) so that only victims can report. The complaint applies to all citizens, both civil and government officials. Article 45 of verse (3) arranges a criminal form of liability. Criminal liability includes criminal prison threats and criminal penalties.
Pelanggaran Kode Etik Anggota Polri dalam Tindak Pidana Korupsi Miftachul Mujadi; M Syahrul Borman
Legitimasi: Jurnal Hukum Pidana dan Politik Hukum Vol 12, No 1 (2023)
Publisher : Islamic Criminal Law Department, Faculty of Sharia and Law, UIN Ar-Raniry

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22373/legitimasi.v12i1.18100

Abstract

This article aims to find out the reasons behind members of the Indonesian National Police in abusing office power by committing acts of corruption and the process of applying sanctions to the code of ethics against members of the Indonesian National Police who commit acts of corruption. This journal uses normative research methods, namely by conducting literature studies through literature and legal norms. The results of this study indicate that the professional code of ethics within the Indonesian National Police cannot be implemented optimally. That until now there are still many violations committed by members of the Indonesian National Police, including acts of corruption which constitute an abuse of office power and violate the professional code of ethics within the Indonesian National Police.
Kriminalisasi Delik Perzinahan Dalam Undang-Undang Nomor 1 Tahun 2023 tentang Kitab Undang-Undang Hukum Pidana Lade Sirjon; La Ode Awal Sakti
Legitimasi: Jurnal Hukum Pidana dan Politik Hukum Vol 12, No 1 (2023)
Publisher : Islamic Criminal Law Department, Faculty of Sharia and Law, UIN Ar-Raniry

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22373/legitimasi.v12i1.18017

Abstract

The background of this study is the renewal of national criminal law with the enactment of Law Number 1 of 2023 concerning the Criminal Code. Referring to the Aquo Law, there are several criminalizations of an act, including related to adultery offenses. Thus, it is necessary to analyze the criminalization of adultery offenses based on Law Number 1 of 2023 concerning the Criminal Code. This study aims to explain the policy formulation of the criminalization of adultery offenses based on Law Number 1 of 2023 concerning the Criminal Code. This study employs a descriptive-normative research method. The results of the study show that the criminalization of adultery offenses in the Criminal Code has several expansions compared to the old Criminal Code. The expansion of the adultery offenses includes the meaning of adultery, cohabitation, and incest. The basic reason for this criminalization is that the renewal of law (Criminal Code) must be oriented towards the basic ideas of the Five Principles (Pancasila), which contain the values/ideas of divinity (religious morals), humanity, nationality, democracy, and social justice. In addition, the renewal of criminal law should also be carried out by exploring and studying unwritten sources of law and values that live in society, including religious law and customary law.

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