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Edi Yuhermansyah
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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 7 Documents
 1 
Search results for , issue "Vol 12, No 2 (2023)" : 7 Documents clear
Konstruksi Pemikiran Hukum Islam Imam Ahmad Ibn Hanbal: Pendekatan Sejarah Sosial Hukum Islam Muslim Zainuddin
Legitimasi: Jurnal Hukum Pidana dan Politik Hukum Vol 12, No 2 (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.v12i2.19858

Abstract

Imam Ahmad Ibn Hanbal was one of the Hanbali mazhab philosophers who lived during the Abbasid dynasty. A number of ideas were followed by scholars after him. Though he suffered various rejections from other scholars and even rulers, Imam Ahmad Ibn Hanbal's thought is still relevant to the development of contemporary Islamic law. This article aims to analyze the influence of Imam Ahmad Ibn Hanbal's thinking in the context of the reformation of Islamic law. Data is obtained through the study of documents using descriptive methods and analyzed critically. The results of the research showed that Ahmad ibn Hanbal's strong tendency towards the hadiths undermined the formulation of hadith-based fikih. The intensity of the use of the hadith and the giving of sufficiently strong authority made Ahmad Ibn Hanbal, in the view of some fuqaha, a fuqaha muhadditsin. One thing that became the best practice in Ahmad Ibn Hanbal's character was his diligence in upholding opinions and not being easily influenced by the will of the ruler. This fact can be a reference to the society and the rulers that exist at this time.
The Pattern of Legal Aid Institutions Towards Protection for Victims of Sexual Violence in Medan City Rasina Padeni Nasution
Legitimasi: Jurnal Hukum Pidana dan Politik Hukum Vol 12, No 2 (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.v12i2.20010

Abstract

North Sumatra Women's and Children's Empowerment Service data from 2019 recorded 216 cases. In 2020, sexual violations or criminal demonstrations of sexual viciousness increased to 1,013 cases, and by December 2021, the number dropped to 953 cases in the city of Medan. The government has continued its efforts to protect its citizens who are vulnerable to sexual violations or criminal demonstrations of sexual viciousness since the birth of Act No. 12 of 2022, involving legal aid institutions in providing protection to victims. The purpose of this research is to learn the legal instruments and patterns of protection of the Legal Aid Institute for victims of sexual violations or criminal demonstrations of sexual viciousness. The research method used is juridical through case study approaches and conceptual approaches. Data collection techniques by means of observations, interviews, and field documentation are qualitatively processed and analyzed descriptively. Research results show that legal instruments for the protection of victims of sexual violations or criminal demonstrations of sexual viciousness are not only in the Criminal Code but also in the Penal Code of Sexual Violence and the Child Protection Act. The protection pattern carried out by the Legal Assistance Agency is through the standard operational processes of internal procedures with the approach of structural legal assistance systems and structural gender legal assistance.
Dilematika “Keadaan Tertentu” Dalam Penjatuhan Sanksi Pidana Mati Terhadap Koruptor di Indonesia Natasha Intania Sabila; Maharani Qaulan Syadidah Az Zahro; Balilah Rizki Putriga
Legitimasi: Jurnal Hukum Pidana dan Politik Hukum Vol 12, No 2 (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.v12i2.20174

Abstract

Phrase certain conditions are regulated by law as one of the reasons for imposing the death penalty on corruptors. Emergency management funds. As a serious crime, the threat of the death penalty for corruptors still leaves a variety of discourse between pro- and con-parties. This article aims to examine the consequences of death penalty sanctions in certain circumstances in terms of the effectiveness of imposing punishment on corruptors. This study uses normative legal methods. Data was callected from legal and statutory literature. The research results show that there are still multiple interpretations of the phrase "certain conditions" contained in Article 2 Paragraph 2 of Law Number 31 of 1999 concerning the Eradication of Corruption Crimes. Corruption that has occurred as a national disaster means that the government has emphasized corruption as a serious act that causes the country to be unstable or in certain situations. Judges can define and provide parameters regarding "certain circumstances" so that death penalty sanctions can be executed. The repressive action of the death penalty can be an appropriate alternative sanction for extraordinary crimes and can be a law that does justice and balances the human rights of people who have been deprived of it.
Strategi Bhabinkamtibmas Menanggulangi Tindak Pidana Perjudian Desa Waro di Kecamatan Monta Kabupubaten Bima Nusa Tenggara Barat Andriadin Andriadin; Erham Erham; Aman Ma'arij Aman Ma'arij
Legitimasi: Jurnal Hukum Pidana dan Politik Hukum Vol 12, No 2 (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.v12i2.19985

Abstract

The phenomenon of gambling is considered normal by some people, even this act roots and develops just so, when there is no punishment from any law enforcement, it must become a disease that then destroys life. Gambling in the village of Waro involves children and young people, including the elderly. This condition will trigger the occurrence of disorganization and disintegration in the life of the community. This study examines gambling crimes in the village of Waro and also examines the strategies of gambling crime in the town of Monta in the Bima NTB. The method of research is empirical law research, which studies and examines the law in real terms.  The data used are primary and secondary data, such as results of interviews, documentation, observations, journals, books, previous research, and official documents.  The findings of the research show that, first, the criminal act of gambling in the village of Waro Prefecture in the Monta district of Bima is gambling card remi and gambling ball rolling both when there is a single organ event at night and during the day.  Secondly, the Bhabinkamtibmas strategy is to combat gambling crimes in Waro Village by conducting investigative, preventive, and repressive efforts.
Konstruksi Kewenangan Pemerintah Kabupaten/Kota di Aceh dalam Penanganan Urgensi Pandemi Covid 19 T. Surya Reza
Legitimasi: Jurnal Hukum Pidana dan Politik Hukum Vol 12, No 2 (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.v12i2.16129

Abstract

The legal issue of the regulation norms and policies of the Government of the District/City of Aceh in dealing with the COVID-19 pandemic is the imposition of sanctions by the policy maker without the presence of a court ruling granting detention that officials have performed judicial duties in general. This policy makes the sanctions very subjective. The main issue in this article is how to construct the authority of the district or city government in Aceh in the emergency treatment of the COVID-19 pandemic. The type of research method used is normative jurisprudence, with a conceptual approach from primary or secondary and analyzed deskripsitf. Based on the known results, the regulation in the administration has violated a very fundamental legal principle, as it is known that the provisions of the sanctions in the Regulation/Regulation with provisions in the Law No. 12 Year 2011 on the Creation of Regulations Legislative, regulations containing sanctions only the Law or Perpu and Perda/Qanun. Sanctions are a reduction in the rights of a person or a citizen, and because they are a decrease in rights, the product must be produced by the government and the representatives of the public (the Council of People's Representation of the District or City/DPRK). The administrator has no authority to impose administrative sanctions in juncto with other laws because it is not in accordance with imperative and facultative.
Live Musik, Syariat Islam dan Asas Freies Ermessen: Menyikapi Surat Edaran Bupati Bireuen Syah Iskandar; Edi Saputra
Legitimasi: Jurnal Hukum Pidana dan Politik Hukum Vol 12, No 2 (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.v12i2.20188

Abstract

The prohibition order on live music in the the Regent of Bireuen's Letter of Interdiction No. 451/199/2023 was pro-contracted in the community; some people supported the Islamic Shariah, and some others rejected it on the grounds of the lack of consistency of the instructions in the edaran. The Edaraan has been identified as allowing live music to beined with conditions that are difficult to realize. This has caused confusion in the public's understanding of the Regent of Bireuen's orders. The objective of the research is to analyze the existence of the implementation of the Regent of Bireuen's Letter of Interdiction with the basic approach of Freies Ermessen and its implications for the observance of Bireuen society. This research uses a yuridis-empirical method; data is collected with interview, and analyzed with analytical-descriptive techniques. The results of the research show that the existence of Regent of Bireuen's Letter of Interdiction of Live Music undermines the discretion of the government and, as contextually indicated, violates the basic principles of Freies Ermessen, thus having no legality in the hierarchy of legislation. However, if the government considers that live music needs to be banned in order to support the enforcement of Shariah Law, then it is regulated by a law that includes the study of academic scripts. In this way, he gives birth to a good law according to the will of the people.
Pengawasan Kepemilikan Senjata Jenis Air Gun dan Airsoft Gun di Indonesia: Perspektif Yuridis Normatif Muhammad Avredo; Shelly Kurniawan
Legitimasi: Jurnal Hukum Pidana dan Politik Hukum Vol 12, No 2 (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.v12i2.19701

Abstract

The current phenomenon is that there are many cases of the use of air guns and airsoft guns whose true purpose is for sports activities, to be a tool to frighten, terrorize and injure other people. Another thing, the circulation of these types of weapons in the community, deserves attention from law enforcement, because they can cause various incidents. This study uses the normative juridical method, which is to carry out a juridical analysis regarding the ownership of air guns and airsoft guns in the laws and regulations in Indonesia. The results of the research are: the implementation of supervision is carried out by the police; supervision is carried out by means of checking and securing the implementation of permits, and carrying out investigations and investigations in the event of irregularities; also give warnings/sanctions and; as well as revoking licenses and withdrawing weapons. Owners of air guns and airsoft guns are obliged to: store firearms in the warehouse of the Indonesian Shooting Association (Perbakin) or Clubs or in a safe place when not in use; obey the rules; extend the license when the validity period expires; report to the police if the weapon is lost; do not bring weapons to locations that are not permitted; do not use for other purposes; and put an orange tip on the weapon. Suggestions that can be given include: The function of granting licenses in the sale and ownership of air guns and airsoft guns, should be more stringent, especially in terms of conditions that must be met; air guns and airsoft guns must have a manual and explain the dangers if misused. There are criminal sanctions against owners of air guns and airsoft guns who carry, display, and use these weapons in an inappropriate manner.

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