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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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The Supervisory System of Conventional Online Lending in Aceh Following the Enforcement of Qanun Number 11 of 2018: A Study on Criminal Elements in Online Lending Transactions Maulana, Muhammad; Ramly, Arroyyan; Yuhasnibar, Yuhasnibar; Alidar, EMK.
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.v14i1.30033

Abstract

Online Service lending has become a widely used financial product due to its accessibility, including in Aceh, which has implemented Qanun Number 11 of 2018 concerning Islamic Financial Institutions that prohibits interest-based lending practices. Therefore, this study focuses on the supervision of conventional online lending conducted by the government in Aceh following the implementation of Qanun Number 11 of 2018. This research adopts a descriptive method with data collected through interviews. The findings indicate that, to date, conventional online service lending (pinjol) operations in Aceh remain unrestricted, with no limitations imposed on their activities. In Aceh, stakeholders have yet to take concrete measures to curb or prohibit conventional online lending practices. Consequently, many consumers in Aceh, including educated individuals such as teachers and students, as well as the general public, have been trapped in debt and faced payment defaults. Therefore, strategic actions are required from both the Aceh government and religious scholars (ulama) to collaborate and synergize with relevant institutions such as the Financial Services Authority and Bank Indonesia to curb conventional fintech practices in Aceh, in accordance with the provisions outlined in Qanun Number 11 of 2018 on Sharia Financial Institutions in Aceh
Reinforcing the Legal Basis of Undercover Buy as an Investigative Method in Criminal Procedure Maharani, Asari Suci; Supardi, Supardi
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.v14i1.30053

Abstract

In an effort to combat illegal drug trafficking, Law Number 35 of 2009 concerning Narcotics authorizes the National Narcotics Agency (BNN) to conduct special investigation techniques, one of which is the undercover buy technique. The research problem studied is how to regulate undercover buy techniques in the legal system in Indonesia and how to formulate the regulation of undercover buy provisions in an ideal criminal procedure law that does not conflict with legal principles. This study is a normative legal study that uses a regulatory approach and a contextual approach. The data sources are from regulations and legal literature. The results of the study indicate that the regulation of undercover buy techniques is normatively contained in the Narcotics Law and the implementation instructions that have been updated through the Decree of the Head of BNN Number SKEP/1205/IX/2000. However, these regulations are still minimal and not comprehensive, thus creating legal limitations that have the potential to cause investigators to apply for permits, especially in obtaining valid evidence according to criminal procedure law
The Tradition of Ndarohi: Diversity of Punishments, Settlement of Fights in the Kute Pasekh Pekhmate Community from the Perspective of Islamic Criminal Law M. Jakfar, Tarmizi; Yuhermansyah, Edi; Nurbaiti, Nurbaiti; Nazwa, Suha; Khairannur, Syarifah
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.v14i1.30057

Abstract

This study analyzes the Ndarohi custom as a customary sanction imposed on the perpetrators of a fight. The Ndarohi custom is a tradition that has been passed down from generation to generation in the Kute Pasekh Pekhmate community, Lawe Alas District, Southeast Aceh Regency. The Kute Pasekh community believes that the Ndarohi custom is able to reunite the perpetrators of a fight as a family by imposing customary sanctions in the Ndarodi tradition. The focus of this study is how the traditional Kute Pasekh community maintains the Ndarohi custom in resolving fights amidst the strong current of modernization of criminal case resolution through litigation. The purpose of the study was to determine the practice of the Ndarohi custom in resolving fight cases, and to preserve the Ndarohi custom in the modern era. This study uses a qualitative descriptive method, data obtained through field interviews and literature. The results of the study show that sanctions for resolving disputes in fight cases are resolved according to the Ndrohi custom through a deliberation process. Then the party found guilty is charged with medical expenses for the victim and is given a sanction in the form of money and one goat, according to the decision from the results of the deliberation by Sakhak Bekhempat. Sanctions in the Ndarohi custom have various types according to the quality of the crime committed by the perpetrator. Fights that cause physical harm, not bleeding, are subject to the Nucupi custom sanction or the mbabe nakan sekhimah sope sekhanting sanction; all medical costs are borne by the perpetrator of the customary crime. While criminal acts of fighting that result in bleeding wounds are subject to the sanction of drawing error and a fine in accordance with the written customary provisions. The Kute Pasekh community still strongly adheres to the Ndarohi custom in resolving customary criminal disputes. In addition to being a hereditary tradition, it is also effective in uniting the relationship of the customary community to obtain eternal peace.
Criminal Responsibility for Santet Practices in Simeulue Regency from the Perspective of Islamic Criminal Law Umar, Mukhsin Nyak; Mustaqilla, Safira; Yahya, Faisal; Syahrima, Ima; Firdausia, Salsabila
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.v14i1.30122

Abstract

Witchcraft or black magic is still believed to be an act that can cause harm to a person through occult science. The losses caused by witchcraft can be seen directly and clearly in witchcraft victims, but it is difficult to explain medically and scientifically. Although it cannot be proven based on criminal law, the impact of witchcraft can be known based on indications that are widespread in the victim, such as foreign objects found in the victim, causing physical and non-physical suffering for a long time, even causing the victim to die. The focus of this research is on how to resolve witchcraft cases through customary law in the Simeulue community. The method used is qualitative, with data obtained from interviews and supported by literature sources. The results of the study showed that the phenomenon of witchcraft in Langi Village, Teupah Village, and Suka Jaya Village in Simeulue Regency had a motive of displeasure between the perpetrator and the victim. Santet is not always used for evil, but can also be used for good, such as medicine, predicting the whereabouts of a person or lost item (tendung). In general, the people of Simeulue do not accept the presence of witchcraft (for evil) in their lives, but specific individuals still abuse witchcraft as a power to harm people. The abuse of witchcraft that causes others to suffer is not in line with the principles of Islamic criminal law. Witchcraft can be held accountable if proven to have committed a crime that causes harm to others, both physically, psychologically, or socially.
Criminal Law Analysis of Brawls Between Groups of Children: A Review from the Perspective of Psychological Criminology Setyarini, Astri Dewi; Mulyadi, Mulyadi
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/bdc9nc75

Abstract

Brawl is a form of juvenile delinquency committed by children, in criminology, which explains the science of crime that continues to develop. Brawl can be studied from a psychological perspective. Prevention and serious handling of the legal vacuum are needed. The formulation of the problem that the examines is to find out brawls committed by children in the legal system in Indonesia, and to find out the causes of children's involvement in brawling through psychological criminology reviews. The purpose of this research is to find out the legal system in Indonesia regarding brawls committed by groups of children and how brawls are studied from the perspective of psychological criminology. This research uses a juridical-normative research method that emphasizes a qualitative approach by collecting and studying literature reviews through literature study research. The results of this study indicate that there is still a legal vacuum regarding brawls in Indonesia, both in general and specific laws, but the Juvenile Criminal Justice System still prioritizes Restorative Justice. Brawling itself can also be studied from the perspective of psychological criminology, where there are factors of children committing brawls, including internal factors, family factors, school factors, environmental factors, mental factors, and poverty factors. In addition to this, juvenile delinquency, such as brawls, also occurs because of the loss of Pancasila values.
Reformulating the Policy Framework for Sting Operations by Investigators of the Corruption Eradication Commission Bonde, Elsa; Ibrahim, Aji Lukman
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.v14i1.30176

Abstract

Corruption offenses in Indonesia are perceived as ongoing and persistent, continuing to this day and resulting in significant losses to the state. The establishment of the Corruption Eradication Commission through Law Number 30 of 2002 concerning the Corruption Eradication Commission serves as a trigger mechanism to enhance the effectiveness of anti-corruption efforts. As part of its initiatives, the Corruption Eradication Commission conducts Sting Operations aimed at combating corruption by apprehending perpetrators through silent operations. This study formulates two problems, namely, how the mechanism of Sting Operations held by the Corruption Eradication Commission investigators aligns with legislation, and what is the ideal regulation of Sting Operations held by the Corruption Eradication Commission investigators. This study is a normative legal research with secondary data consisting of primary, secondary, and tertiary legal materials. This study uses a statutory, conceptual, and interpretive approach. The result of this study indicates that Sting Operations conducted by the Corruption Eradication Commission are often equated with the concept of ‘caught red-handed’, which is stated in The Indonesian Criminal Procedure Code (KUHAP). However, both Sting Operations and ‘caught red-handed’ differ in meaning and may potentially violate the principle of due process of law. Therefore, a comprehensive reformulation of Sting Operations procedures within the legal framework of the Corruption Eradication Commission is necessary.
Differences in the Implementation of Diversion in the Juvenile Criminal Justice System: Analysis of the Karawang Court Decision Nuraeni, Rini; Gagarin Akbar, Muhammad Gary; Abas, Muhamad
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.v14i1.30316

Abstract

The use of diversion in Indonesia’s juvenile justice system aims to protect children from harmful stigmatization and provide rehabilitation. The objective of the study is to analyze the application of diversion in two court decisions: Decision Number 9/Pid.Sus-Anak/2022/PN Kwg and Decision Number 14/Pid.Sus-Anak/2022/PN Kwg. The research employs a normative juridical and descriptive-analytical approach through a literature review. The findings demonstrate that the application of diversion depends on the type of offense and the condition of the child. Decision Number 9 sentenced the child to 3 years and 6 months of imprisonment for a case of child sexual intercourse, whereas Decision Number 14 imposed 120 hours of community service for theft. The analysis reveals that judicial considerations are influenced by the severity and impact of the offense, and underscore the importance of balancing law enforcement with the protection of the child’s future. This research shows that judicial discretion plays a crucial role in determining the implementation of diversion, highlighting the importance of aligning legal enforcement with restorative justice and child protection principles.
Optimizing the Imposition of Conditional Sentences for Children Through the Role of Community Research Reports Mahrunnisa, Desy Rizky; Rasdi, Rasdi
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.v14i1.30452

Abstract

Punishment of children in conflict with the law requires an approach that is not only repressive but also considers the rights and future of children. A conditional sentence is a form of alternative punishment that can maintain children in a proper social environment without serving a criminal period in a correctional institution. This article examines the urgency of applying conditional punishment in juvenile cases and highlights the strategic role of community research reports in influencing judges' decisions. This research uses a qualitative method with an empirical juridical approach through field observations, literature studies, and interviews. The results show that the quality of recommendations is the primary key to successful conditional sentences in court. Data-based recommendations that address the dimensions of supervision, environmental support, and the effectiveness of non-agency coaching tend to be more accepted by judges. The optimization of conditional punishment requires increasing the capacity of community supervisors, national standardization of reports, and evaluation and feedback mechanisms from law enforcement officials to ensure the quality of recommendations submitted.
Sociological Juridical Review of the Phenomenon of Online Begging Legislative Perspectives in Indonesia Astuti, Findhi; Utari, Indah Sri
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.v14i1.30518

Abstract

The phenomenon of online begging is one of the negative impacts of social media use. Online beggars take advantage of public sympathy to enrich themselves by creating content that evokes pity, viral content, which will invite the public to help by giving gifts that can be exchanged for money. The action of online beggars is an act of exploitation carried out against oneself and others; this is contrary to Pancasila, namely, just and civilized humanity, because it can pollute human dignity. Firm action and strong rules are needed to deal with the phenomenon of online begging, so that there is no public thought to make this phenomenon a profession in the future. The study used a normative legal method with a statutory, conceptual, and case approach. The results of the study show that, First, characteristics and legal qualifications of the phenomenon of online begging online beggars create sympathy from the public and the perpetrators create a drama full of manipulation that has been neatly arranged and to be said to be an act of online begging, it must meet the elements of the act. Second, from the legal side, the phenomenon of online begging touches on Pasal 504, 333  Criminal Code of Indonesia, Pasal 27 ayat (3) of the Law of Number 11 of 2008 on Information and Electronic Transactions, and Circular of the Minister of Social Affairs Number 2 of 2023, however, these articles are not strong enough to be used as a reference for taking action against online beggars. From a social side, the act of online begging can change the work values ​​of society and create inequality. Third, evaluation and recommendations for handling the phenomenon of online begging require regulations that have permanent legal force and increase digital literacy for the community to distinguish between forms of content creators and actions that are indicated as online begging.
The Effectiveness of Diversion in Resolving Juvenile Breast Groping Cases Shanty, Fiorentina Elfrida; Rasdi, Rasdi
Legitimasi: Jurnal Hukum Pidana dan Politik Hukum Vol. 14 No. 2 (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.v14i2.3015

Abstract

Sexual harassment committed by minors, particularly in the form of breast-grabbing, is a complex phenomenon due to the offender’s ongoing psychosocial development. The legal handling of such cases requires not only a repressive approach but also the application of restorative justice through diversion mechanisms. This study aims to analyze the effectiveness of diversion in resolving a breast-grabbing case committed by a minor in Semarang. This research uses a juridical-empirical method with a qualitative approach, focusing on a case study at the Class I Correctional Center (Bapas) in Semarang. Data were collected through interviews and the analysis of legal documents related to the diversion process. The findings indicate that the diversion was conducted in accordance with legal provisions and resulted in an agreement involving an apology, financial compensation, and a commitment to rehabilitate the offender. However, the study also identifies limitations in the victim’s recovery and the continuity of the offender’s rehabilitation. It further questions whether justice is truly achieved when the victim remains psychologically affected, and highlights the risk of behavioral normalization if rehabilitation is not effectively implemented. Therefore, the effectiveness of diversion in sexual offense cases should be understood not only from a procedural standpoint but also in terms of achieving substantive justice for all parties involved.

Page 17 of 18 | Total Record : 179

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