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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 179 Documents
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Living Laws in Forest Guarding in Aceh Portrait of Experiences Past and Today Delfi Suganda
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.v13i1.23212

Abstract

Forests are an important element in the life dimensions of the Acehnese people. There are several important things about forests for the people of Aceh. Firstly, forests are the people of Aceh as a place to find protein needs for the family; secondly, as a place to fulfill family needs; and thirdly, as a place to find support for the household; therefore, forests in the past were protected. The people of Aceh knew that if the forest were not well protected, all household needs would be lost. Today, Aceh's forests are starting to lose their luxury because there are many interests in these forests, both those of business groups, ruling groups, and ordinary people. There is a contestation of every interest; for the sake of interests that seek profit, they may ignore other interests; in this case, it is ignoring the interests and sustainability of Aceh's forests. The question of this article is, how was the Livig law that existed in the Acehnese used to protect the forest. Therefore, it is interesting to study the experiences of the Acehnese people in protecting forests. The research uses qualitative research with a non-doctrinal approach. The research results show three interests of forests for the people of Aceh, namely forests as a place for hunting deer, a place for gardening, and a place for hunting fish in rivers. Acehnese people used cultural, legal, and religious approaches to protect forests. These three approaches are related to each other. Education regarding these three approaches is not through formal education but through social institutions that exist in society
Government Legal Policy to Deal with Cases of Human Rights Violations in Indonesia Nuril Ika Fajriyah; Suwandi Suwandi; Aunur Rofiq
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.v13i1.23363

Abstract

Cases of gross human rights violations are complex and sensitive issues in Indonesian legal politics. With a historical backdrop that includes authoritarian times and armed conflict, governments are faced with serious challenges. Transitional Theory of Justice offers a framework for addressing these issues through courts, reparations, truth and reconciliation, and institutional reform. However, policy implementation requires consideration of international pressure, victim protection, civil society participation, and human rights education. Governments are faced with a dilemma between accountability and reconciliation, with the need to maintain a balance between justice and peace. In addition, it is necessary to consider the political implications of government actions, while institutional reform and sustainable approaches are key in addressing gross human rights violations.
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.
Legal Protection for Creative Economic Actors of Intellectual Property as the Debt Guarantee Brina Saskya Paramita; Aldira Mara Ditta
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.v13i1.23230

Abstract

The development of the creative economy often experiences problems such as limited access to capital; with the enactment of Government Regulation No. 24 of 2022 concerning the Creative Economy, the government facilitates Intellectual Property-Based Financing Schemes through financial services institutions, but in its implementation, there is a need for legal protection for creative economy actors who want to get a source of financing, besides that many people do not understand how the requirements for filing Intellectual Property-based financing due to the intangible nature of the collateral object. This research uses the normative juridical method. This research uses all laws and regulations to examine more deeply related to the research in question. The research results indicate that the requirements for applying for an Intellectual Property-Based Financing Scheme must be registered and have a certificate from the Directorate General of Intellectual Property. Intellectual Property (IP) in question is copyright and patent rights based on Article 16 paragraph (3) of the Copyright Law and Article 108 of the Patent Law. Legal protection of creative economy actors in the Intellectual Property-Based Financing Scheme has been pursued by the government, including the existence of further regulations issued by the Financial Services Authority, which makes creative economy actors avoid conflicts or financing disputes through insurance contracts, preventing theft of ideas by others, providing incentives from the government to register IP, providing legal assistance before the court process, and providing legal assistance in the event of a financing dispute.
For The Sake of Survival: Illegal Gold Mining Exploitation Crimes from Environmental Fiqh in South Aceh Regency Yuhasnibar Syah; Nurulbahiah binti Awang; Iskandar Iskandar; Rahul Husni
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.v13i1.25008

Abstract

Criminal acts of illegal mining in East Labuhahaji District, South Aceh, continue to be carried out by the community without paying attention to the negative impacts on the surrounding environment, which can result in losses for the benefit of the community. This article aims to analyze the factors and impacts of illegal gold mining on the environment of the people of Labuhan Haji Timur District, South Aceh Regency, in terms of environmental fiqh. Data was obtained through interviews and analyzed critically. The research results show that the factors causing people to carry out illegal gold mining in East Labuhanhaji District are low economic life and community education, minimal socialization regarding mining prohibitions, and minimal public awareness of religious values regarding environmental damage. Illegal gold mining has a negative impact in the form of deforestation, making it prone to flooding and damage to plantation land. Judging from environmental fiqh, the criminal act of illegal gold mining in Labuhan Haji Timur District, South Aceh Regency, is an act of jihad that is contrary to Islamic law because it hurts environmental damage and the benefit of the community at large. Therefore, in Islamic law, illegal gold mining can be subject to sanctions in the form of ta'zir.
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.
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.
Mukim as a Customary Law Community in Customary Forest Management in Aceh Besar Sriwahyuni, Yenny; Mumtazinur, Mumtazinur; Kesuma, Aulia
Legitimasi: Jurnal Hukum Pidana dan Politik Hukum Vol. 14 No. 1 (2025)
Publisher : Islamic Criminal Law Department, Faculty of Sharia and Law, Universitas Islam Negeri Ar-Raniry

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22373/legitimasi.v14i1.20674

Abstract

Customary forests are forests that are located within the area of a Customary Law Community. In theory, only people who live in forest areas are able to maintain forest areas well because they have a reciprocal relationship that cannot be separated. These communities are often referred to as indigenous communities or customary law communities. Aceh Besar has a very large forest area, there are three forest areas that have been categorized as customary forest areas with three customary law communities that are included in the indicative customary forest map of the Indonesian Ministry of Environment and Forestry. This research examines: Efforts that can be made by customary law communities in Aceh Besar to obtain their rights to customary forests and how optimizing customary forest management can provide protection to customary law communities and customary forest areas in Aceh Besar. The results of the research show that currently three customary forest areas in Aceh Besar have been removed from the indicative customary forest map, this is because during the verification period the customary law communities (Mukim) files were unable to provide evidence in the form of regional regulations in Aceh Besar which designated them as customary law communities recognized in accordance with the requirements. in the Minister of Environment and Forestry's regulations, so that the three mukims in Aceh Besar do not have legal rights to manage customary forests. Optimizing protection for forest areas and Mukim in Aceh Besar is also not going well.

Page 15 of 18 | Total Record : 179

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