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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 179 Documents
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Jaminan Perlindungan Hukum Anak: Optimalisasi Unit Perempuan dan Anak Institusi POLRI Muhammad Ridho Sinaga
Legitimasi: Jurnal Hukum Pidana dan Politik Hukum Vol 11, No 2 (2022)
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.v11i2.16064

Abstract

This article discusses the existence of women’s and children’s units. The Women and Children Unit is responsible for providing services in the form of legal protection for women and children as victims of crime and law enforcement against their perpetrators. At present, the child, as the perpetrator of other violations of the law, is investigated according to the field of violations committed by the child and not dealt with by the Women and Children Unit. The focus of this article is on how the position and authority of the Women and Children Unit are based on Regulation No. 10 of 2007 on the Organization and Organization of Women and Children Units, as well as the urgency of the reform of criminal law through the powers of the Women and Children Unit. The research method is the juris-normative study of law. The findings of the research show that the Women’s and Children’s Units were given authority on the basis of Article 11 of Capolri Regulation No. 3 of 2008. This rule provides special protection and treatment for children who commit certain criminal acts, both as victims and as perpetrators of certain crimes. The uncertainty of the Women's and Children's Units in the process of handling children in terms of the investigation of the child of a criminal offense caused a large number of children to be involved in the investigation and investigation process, which was carried out by adult investigators and not children. With the impact caused in the process of handling the child, the offender’s conduct is considered inappropriate or less relevant. The provisions on the treatment of children of perpetrators in the case of investigation and investigation of children should be reformulated so that the child is protected from the negative impacts that may affect the fulfillment of the objectives of the child criminal justice system.
Restoratif Justice, Diversi dan Peradilan Anak Pasca Putusan Mahkamah Konstitusi Nomor 110/Puu-X/2012 Dedy Sumardi; Mansari Mansari; Maulana Fickry Albaba
Legitimasi: Jurnal Hukum Pidana dan Politik Hukum Vol 11, No 2 (2022)
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.v11i2.16010

Abstract

The Constitutional Court, by Decision No. 110/Law-X/2012, repealed Articles 96, 100, and 101 of Law No. 11 of 2012 on the Child Criminal Justice System, which establishes penalties for judges, prosecutors, and investigators who do not seek discrimination against children who face the law. These provisions have no more binding legal force for judges, police, and prosecutors who do not perform their duties. The study focuses on the implementation of diversity and the impact of child protection before and after the Constitutional Court rulings. The interview data is obtained from the Banda Aceh State Court, supported by library data, and analyzed using a juridico-empirical approach. Based on the analysis of the data, it was found that the execution of diversion in the Banda Aceh State Court before the birth of the decision of the Constitutional Court Number 110/PUU-X/2012 was in accordance with the regulations of the laws in force and was accompanied by the threat of criminal offenses. After the birth of the judgment of the Constitutional Court, the execution of differences is an obligation that must be carried out by the judge but is not accompanied by the threat of a criminal offense for a judge who does not perform it. The impact of the ruling of the Constitutional Court is that there is no criminal threat to the judge, JPU, and investigator because the Constitutional Court ruling has declared Articles 96, 100, and 101 to have no binding legal force. Nevertheless, the duty of diversification remains a duty that must be enforced by law enforcement.
Implementasi Rehabilitasi Medis dan Sosial Terhadap Narapidana Narkotika Pada Lembaga Pemasyarakatan Zainab Ompu Jainah; Yoga Dwi Anggara
Legitimasi: Jurnal Hukum Pidana dan Politik Hukum Vol 11, No 2 (2022)
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.v11i2.14750

Abstract

One of the development activities for inmates is the provision of medical rehabilitation and social rehabilitation for drug offenders. Implementation of medical and social rehabilitation for drug offenders at Class II B Gunung Sugih Prison in accordance with Director General of Prisons Order No. PAS-36.OT.02.02 of 2020 about Correctional Service Standards is the focus of this research. This study examines the adoption of medical and social rehabilitation programs for drug offenders. What obstacles impede the implementation of medical and social rehabilitation programs for drug offenders? This study employs a normative and empirical legal methodology. The findings indicate: The execution of medical and social rehabilitation for drug convicts begins with an assessment of the client's concerns so that medical and social rehabilitation can be applied promptly. Acceptance occurs after determining the nature of the client's problem, as well as his or her physical, psychological, social psychological, and level of expertise, while simultaneously assigning the client to several sorts of programs. The purpose of social and skill mentoring is to improve client interaction patterns, preserve emotional stability, build a sense of responsibility and discipline, and foster the desire to become a better individual. Insufficient medical equipment and infrastructure of buildings and special rooms prevent medical and social rehabilitation from taking place. There are drug users in prison who suffer from serious diseases and a lack of family support.
Amnesti: Hak Prerogatif Presiden dalam Perspektif Fiqh Siyasah Mutiara Fahmi Razali; Azmil Umur; Sinta Kartika Putri
Legitimasi: Jurnal Hukum Pidana dan Politik Hukum Vol 11, No 2 (2022)
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.v11i2.15218

Abstract

This article examines the granting of amnesty to perpetrators of political crimes by the President of the Republic of Indonesia. This authority is regulated in the Basic Law of the Republic of Indonesia, 1945, Article 14 paragraph (2), and Emergency Law Number 11, 1954, Article 1 on Amnesty and Abolition. Both of these rules do not specifically describe the limitations or types of criminal acts that amnesty may be granted to. The amnesty granted by the President to Baiq Nuril, a victim of sexual harassment involved in cases of infringement of the Information and Electronic Transactions Act, was carried out on the basis of humanity and justice. This policy has influenced the historical changes in amnesty law aimed at non-political cases. The study aims to examine the authority of the President of Indonesia in granting amnesty, reviewed from a fiqh siyasah perspective. Data is obtained through library studies and analyzed using a normative or doctrinal approach. The results of the study show that the granting of amnesty by the president is a prerogative of the president, as stipulated in the Basic Law of the Republic of Indonesia 1945. But in fiqh siyasah, the essence of amnesty is forgiveness. Forgiveness is the prerogative of the head of state, aimed at creating greater crimes, and does not violate the provisions of the law that have been established. The President's policy of granting amnesty in non-political cases is in accordance with the provisions of the fiqh siyasah, because the concept of amnesty in the law and the notion of forgiveness in the fiqh siyasah are equally based on the interests of the state and the crime of the community. Historical facts show that the Prophet Muhammad and the caliphs after him gave forgiveness to rebels, war criminals, and non-political criminals.
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.
Kewajiban Penyegeraan Pendaftaran Haji: Kajian Fatwa Majelis Ulama Indonesia Nomor 5 Tahun 2020 Tarmizi M. Jakfar; Muji Mulia; Yusrizal Yusrizal
Legitimasi: Jurnal Hukum Pidana dan Politik Hukum Vol 11, No 2 (2022)
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.v11i2.17676

Abstract

Based on information from Susenas 2017, there are about 13 million Indonesian Muslims who are already economically well-off for the hajj list, but do not register for the hajj. In response to this, MUI has issued a fatwa for people aged 60 to register immediately, worried about running out of fees and making up hajj and MUI stipulates that it is forbidden for them to delay. The research questions are: how is MUI's consideration in determining the obligation to immediately register for hajj for those who meet the criteria and how is MUI's consideration in determining the prohibition of delaying for those who meet the criteria. This research is classified as a type of qualitative research and is included in the normative study and the process of collecting data using the literature method is then analyzed with a descriptive analysis approach. The results found are that it is mandatory for people aged 60 years to register for Hajj immediately because of the hadith that states the average age of the Prophet Muhammad's people is 60-70 years, while the waiting period for departure is very long, for people who are worried about running out of money because it is analogous to the obligation to leave on Friday. at, and for qada hajj because there is a consensus of friends. As for the consideration of the prohibition of postponing the age of 60 because it is a sin to neglect worship, for people who are worried about running out of hajj fees because they violate the law from the results of analogies and for those who make up qada because they consider the consensus of friends.
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.

Page 13 of 18 | Total Record : 179

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