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Edi Yuhermansyah
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legitimasi@ar-raniry.ac.id
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Faculty Shariah and Law, Universitas Islam Negeri Ar-Raniry Banda Aceh, 23111
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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 3 Documents
 1 
Search results for , issue "Vol 13, No 2 (2024)" : 3 Documents clear
Bringing Fishermen Together Through the Customary Maritim Law of the Sea in the South West Aceh Region: al-Shulh's Perspective Baddah, Laylay Alfaytouri; Yusuf, Muhammad; Humaira, Humaira; Qatrunnada SM, Sy Alyssa; Khumaira, Siti
Legitimasi: Jurnal Hukum Pidana dan Politik Hukum Vol 13, No 2 (2024)
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.v13i2.23768

Abstract

Panglima Laot is a customary structure among fishing communities in Aceh province, which is tasked with leading the customary alliance managing Laot customary law. Panglima Laot resolves marine disputes using the principles of harmony, harmony, and appropriateness. Thus, there are three problem formulations in this paper. First, what are the forms of minor criminal offenses that occur in the Marine Area of Susoh Sub-district, Southwest Aceh Regency? Second, how is the process of resolving minor crimes between fishermen in the sea area of Susoh District, Southwest Aceh Regency by Panglima Laot? Third, how is the settlement of minor crimes in the sea area of Susoh District, Southwest Aceh Regency, according to Ṣulḥu? This research is field research and uses a qualitative approach. That is by interviewing the Panglima Laot of Southwest Aceh. The results showed that. First, there are three cases of minor crimes that occurred in the sea of Susoh District, Southwest Aceh Regency, including cases of fighting, cases of bloodshed fights, and cases of fish theft. Second, the process of resolving these minor crimes is carried out by first making a report to the Panglima Laot Teupin, then the Panglima Laot te also makes a report to the Panglima Laot Lhok and the district Panglima Laot, and a customary hearing is made which is attended by members of the Panglima Laot along with village officials and the families concerned then the disputing parties get advice from the Panglima Laot and village officials who are present to make peace, finally giving fines outside the trial. Third, the settlement of minor crimes at sea in Susoh District, Southwest Aceh Regency is in accordance with the concept of al-Ṣulḥu, namely settlement by deliberation and fairness.
Implementation of Compensation in the Form of Restitution for Child Victims of the Crime of Human Trafficking: Study on the Jurisdiction of the City of Padang Harmelia, Harmelia; Kaloko, Ilhamda Fattah; Harmain, Irfan; Intan, Dian Mustika
Legitimasi: Jurnal Hukum Pidana dan Politik Hukum Vol 13, No 2 (2024)
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.v13i2.22965

Abstract

Trafficking in persons is regulated in Law Number 21 of 2007 concerning eradicating the Crime of Trafficking in Persons. One form of legal protection for victims is the provision of compensation in the form of restitution. Children and women were often victims of the crime of trafficking in persons. The problem how is the application of compensation in the form of restitution to children as victims of criminal acts of trafficking in persons in the jurisdiction of the city of Padang. What are the obstacles in the application of compensation in the form of restitution to children as victims of criminal acts of trafficking in persons in the jurisdiction of the city of Padang? The study uses an empirical legal. Data collection techniques are through interviews and document studies, and data analysis is qualitative. The conclusion is the application of restitution for children who are victims of criminal acts of trafficking in persons in the jurisdiction of the city of Padang has not been optimal. The obstacle in implementing restitution for children as victims of the crime of trafficking in persons is the lack of awareness of law enforcement officers on victim protection, especially restitution, which results in the rights of the victims of criminal acts being often neglected because they tend to be law enforcement are more focused on imposing criminal charges against perpetrators.
Resolving Illegal Fishing in Rumpon Unjam: The Strategic Role of Panglima Laot in Aceh's Customary Law Sholihin, Riadhus; Husna, Nurul; Irwansyah, Irwansyah; Maulana, Wahyu; Raihan, Ishma
Legitimasi: Jurnal Hukum Pidana dan Politik Hukum Vol 13, No 2 (2024)
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.v13i2.23286

Abstract

Illegal fishing is a crime that causes one party to suffer losses. Consequently, fishing activities in Indonesian waters must adhere to the regulations. The purpose of creating a legal regulation is to establish a provision and legal protection in order to maintain peace within an organisation in the event of a conflict. In this instance, the existence of panglima laot in carrying out the function of customary law is one of the role models for the order of community life in resolving the issue of unauthorized fishing on Rumpon Unjam or other people's platforms. This research seeks to determine how the mechanism for resolving illegal fishing in Rumpun Unjam is governed by customary law with the function of panglima laot, as well as the review of Islamic law on the mechanism for resolving illegal fishing in Rumpon Unjam under customary law with the function of panglima laot. This research uses field research as its methodology. Among the methods of data collection are observation and interviews. The findings of this study indicate that the mechanism for resolving illegal fishing crimes in Rumpon Unjam, which are resolved by customary law by the Sea commander, is appropriate because the customary law imposed on the perpetrator requires a deterrent effect so that he or she will not repeat the same act by receiving appropriate sanctions for the sake of justice for the victim. According to a review of Islamic law, the mechanism for resolving illegal fishing crimes in Rumpun Unjam people who are resolved by custom by the commander of the laot is in accordance with the punishment recommended by the Qur'an because it uses ta'zir law, which is a punishment decision from the regional ruler, and the punishment imposed is appropriate retribution for the actions committed. When viewed from the victim's perspective, the imposed punishment is consistent with Islamic law because it satisfies the victim's sense of justice.

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