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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 189 Documents
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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.
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.
Fiqh and Siyasa Model of Integration: A Study of The Constitution of The Sultanate of Aceh Darussalam Jabbar Sabil
Legitimasi: Jurnal Hukum Pidana dan Politik Hukum Vol 13, No 1 (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.v13i1.23379

Abstract

Fiqh is an abstract concept not bound to a particular case in space and time, so it becomes universal. Through a legal decision, the judiciary applies Fiqh to one of the cases in particular. It shows that Fiqh implementation requires other legal instruments, such as the judiciary. The implementation aspect of Fiqh is an object study for Siyasa Sharia, so Fiqh and Siyasa had to moderate and integrate into the law system. This paper examines the moderation of Fiqh and Siyasa in the Aceh Darussalam Sultanate and their integration into the legal system. This study is normative legal research that uses a historical approach. The data source for this research is primary legal material in the form of the constitutional text of the Sultanate of Aceh Darussalam, namely Adat Meukuta Alam, and other supporting texts. This study found that the constitution of the Aceh Darussalam Sultanate drew on moderate Fiqh and Siyasa. The results of this study conclude that Fiqh and Siyasa were integrating into a legal system that complements one another
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.
Legal Politics of the Existence of Customary Courts in Civil Procedure Law Hazar Kusmayanti; Madiha Dzakiyyah Chairunnisa; Dede Kania; Rafan Darodjat
Legitimasi: Jurnal Hukum Pidana dan Politik Hukum Vol 13, No 1 (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.v13i1.23079

Abstract

Along with the development of increasingly modern globalization, the authority and existence of customary institutions for dispute resolution began to be questioned, especially now that some people tend to resolve their disputes through formal institutions such as state courts and the police. This article examines the legal politics of the existence of customary courts in civil procedure law. The research approach is normative juridic and is analyzed through qualitative juridic, which studies data based on legal aspects. The study's findings indicate that legal discrepancies regarding customary justice in the law of civil events remain. However, there is a history of cooperation between the state and the village courts as regulated in Article 86 letter A, article 103, paragraphs (2) and (3). article 120 letter a and article 135 letter a HIR (KUH Perdata Hindia Belanda). Since the entry into force of Emergency Law No. 1 of 1951, these articles have been abrogated, except for Article 135 letter a HIR. The practical implications of the political study of customary law include adopting a common law recognizing the right to justice for indigenous peoples in Indonesia. 
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.
Sayam: Implementing Customary Law in The Resolution of Persecution Criminal Cases in Aceh Yuni Roslaili; Muhammad Maulana; Dinni Maghfirah; Suparwany Suparwany
Legitimasi: Jurnal Hukum Pidana dan Politik Hukum Vol 13, No 1 (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.v13i1.22357

Abstract

Customary law has been used to decide certain criminal matters in Aceh instead of positive law. This was the case in the persecution incidents that occurred in various villages in the Meureudu region, where the idea of Sayam was employed. This study aimed to determine the practice of compensation in the concept of Sayam, the effectiveness of its use in resolving persecution and criminal conflicts, and whether there were any gaps between the concept of mediation in Indonesia and the concept of Sayam mediation in Aceh. This research used descriptive normative analysis and referred to legal pluralism, which considers the interplay of state, customary, and religious law using an empirical social approach. The results of this study found two types of procedures for reporting cases of persecution in the concept of Sayam: First, the complaint of the case was addressed to the village apparatus, and second, the complaint of the case was submitted to the police station. The technical compensation to the victim used four methods: deliberation, customary reusam, and losses, which were borne together based on the motto "saboh pisang koh dua" (one banana divided for two), and the last, based on the policy of traditional leaders. The gap between the concept of sayam in Aceh and the concept of mediation in Indonesia was that in the concept of sayam, as in general customary law, there was no recording, and in the concept of sayam, decisions were sometimes based on the decisions of traditional leaders. 
Implementation of Restorative Justice in Surakarta District Court Abdul Fattaah; Sutrisno Sutrisno; Jaka Susila
Legitimasi: Jurnal Hukum Pidana dan Politik Hukum Vol 13, No 1 (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.v13i1.23451

Abstract

The postponement of the Decree of the Director General of Badilum Number 1691/DJU/SK/PS.00/12/2020 concerning Guidelines for the Implementation of Restorative Justice in the General Court Environment by Letter Number 1209/DJU/PS.00/11/2021 until the Supreme Court regulations regarding guidelines for justice come into force Restorative raises problems, namely what the Surakarta District Court's policy is regarding the implementation of justice. This field research type uses interview and documentation data collection methods and data analysis techniques using the interactive model from Miles and Huberman. The research results show that in their authority to examine and adjudicate cases, judges must pay attention to contextual matters in resolving cases using a restorative justice approach, which resolves criminal cases by involving perpetrators, victims, and other parties who work together to find a satisfactory solution. fair by emphasizing restoration to the original state, not retaliation. Resolving cases using restorative justice, lack of support and cooperation between institutions, and the justice system not regulating much about victims' rights.
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.

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