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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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Restorative Justice: Antithesis or New Face of The Punishment Model? Susilo, Erwin; Sujatmiko, Bagus; Mawla Ibnu Kamali , Karell
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 Banda Aceh

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22373/legitimasi.v14i2.31892

Abstract

Restorative Justice is increasingly adopted to overcome the limitations of retributive punishment, which emphasizes inflicting suffering on offenders. However, a fundamental theoretical debate remains regarding the ontological status of Restorative Justice: whether it is merely a non-penal mechanism outside the concept of punishment or a transformative form of punishment within the modern penal framework. This research examines this debate by determining the proper positioning of Restorative Justice in modern sentencing policy. The purpose of this study is to reconstruct the penal paradigm by integrating restorative, utilitarian, and moral-communitarian values into a more humane and inclusive system of punishment. Using normative legal research with a conceptual approach, this study analyzes theories, legislation, and judicial practices related to Restorative Justice in Indonesia. The findings suggest that Restorative Justice still retains punitive elements, as offenders are required to acknowledge wrongdoing and repair the harm. Consequently, Restorative Justice ought not to be classified as an exclusively non-penal mechanism but rather as an evolution of punishment that prioritizes reconciliation, moral accountability, and social restoration. This study concludes that Restorative Justice represents the new face of punishment, where the ultimate aim is no longer solely retribution but the restoration of social balance and substantive justice for victims, offenders, and society.
Forced Marriage as Social Sanction: An Islamic Legal, Customary, and Human Rights Analysis in Rural Indonesia Rosim, Moch.; Jannah, Shofiatul; Rodafi, Dzulfikar
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 Banda Aceh

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22373/legitimasi.v14i2.32085

Abstract

This research aims to analyze the practice of forced marriage in Batobella Village from the perspectives of Islamic law, custom, and human rights, with a focus on the principles of consent, social control mechanisms, and legal implications. This study examines the interaction between customary norms, religious law, and positive law with a focus on the principles of legitimacy, social dynamics, and opportunities for policy intervention that align with the maqāṣid al-sharīʿah. The research method employs a qualitative case study approach, utilizing data collection techniques that include in-depth interviews, participant observation, and document analysis. The informants consisted of traditional leaders, religious figures, victims, families, and youth. Data analysis was conducted thematically to identify patterns and relationships between variables, integrating comparative fiqh perspectives across schools of thot with field findings. Research in Batobella Village shows that forced marriage practices still persist as a mechanism for resolving violations of customary norms, with decisions often made unilaterally by families and traditional leaders without considering the bride's consent. Social pressure, stigma, and the threat of exclusion make it difficult for victims to refuse. Most marriages are not registered at the KUA, which weakens their legal protection. The role of religious figures is often compromised in favor of custom for the sake of social cohesion. Although some young people are starting to reject this practice, their views are still in the minority and are hindered by the dominant customary authority in marriage decisions.
Handling of Connectivity Cases in Corruption Crimes in the Indonesian Army's Mandatory Housing Savings Program: Study of Verdict Number: 21-K/PMT-II/AD/II/2022 Faisal, Adhiya; Bakhtiar, Handar Subhandi
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 Banda Aceh

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22373/legitimasi.v14i2.32252

Abstract

Criminal acts of corruption in the Indonesian Army's Mandatory Housing Savings Program (TWP TNI AD) are an example of a case involving both military and civilian legal subjects, triggering complex challenges in law enforcement in Indonesia. This study aims to examine the mechanisms for handling cases of connected criminal acts of corruption and the legal considerations in sentencing perpetrators based on the Jakarta High Military Court II Verdict Number 21-K/PMT-II/AD/II/2022. The research method employs a normative approach, analyzing relevant laws, legal doctrines, and jurisprudence. The results of the study show that cases are handled collaboratively between military and civilian institutions through the stages of investigation, inquiry, determination of the judicial forum, prosecution, and trial. The court's verdict confirmed that the defendants had been proven to have committed corruption together and continuously, resulting in state losses of Rp 127 billion, with sentences of imprisonment, fines, and restitution obligations. This study demonstrates the effectiveness of the connected justice system in ensuring justice and recovery of state losses, while also making an important contribution to the eradication of corruption in the military.
Consistency in The Application of Prudential Banking Principles in the Provision of Banking Credit Facilities: Efforts to Prevent Potential Fraud at State-Owned Banks Amelia, Amelia; Prasetyo, Handoyo
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 Banda Aceh

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22373/legitimasi.v14i2.32267

Abstract

State-owned banks play a strategic role in maintaining national economic stability by collecting and distributing public funds. However, lending activities often face the risk of fraud, which can erode public trust and compromise the institution's integrity. This study examines the consistency of applying the principle of prudence in the credit-granting process at state-owned banks and its relevance in preventing fraud. The main issues raised are the continued existence of credit procedure irregularities and weak internal supervision, despite the principle of prudence being clearly regulated in banking regulations. This study aims to analyze how the consistent application of prudential banking principles can prevent potential fraud in the credit-granting process at state-owned banks. The research method employed was a normative juridical approach with a qualitative orientation, involving the collection and analysis of literature reviews through library research, supplemented by interviews with state-owned banks to support the research. The study's results show that fraud often occurs due to weak internal controls, a low culture of compliance, and limited technological infrastructure. The application of prudential banking principles combined with a Good Corporate Governance (GCG) framework, ISO 31000-based risk management, and the support of digital monitoring innovations such as audit trails and early warning systems is intended to strengthen credit risk control. The integration of these policies not only highlights the potential for irregularities but also ensures that credit decisions for prospective borrowers are made in a transparent, accountable manner and in accordance with prudent banking principles.
Excise Taxation of Sugar-Sweetened Beverages: A Legal Policy Approach to Public Health and State Budget Protection Nugraha, Dwi Putra; Callista Yo, Beatrice; Cenniago, Sascha Kezia; Maurent, Vanessa
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 Banda Aceh

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22373/legitimasi.v14i2.32446

Abstract

The policy of imposing excise tax on Sugar-Sweetened Beverages is a strategic measure to reduce the growing incidence of Non-Communicable Diseases in Indonesia, particularly diabetes and obesity linked to the consumption of sugary drinks. The yearly increase in SSBs consumption harms public health and imposes a significant financial burden on the state, especially through the Social Health Security Administering Body (BPJS). Therefore, firm legal intervention is needed to limit consumption and promote a healthier lifestyle. The implementation of excise taxes on sugar-sweetened beverages should not be viewed merely as a fiscal instrument to boost revenue, but also as a means of protecting the public’s right to live a healthy and productive life. This policy must be understood as part of a broader public health strategy rather than solely an economic measure. Moreover, the policy is expected to encourage industries to reformulate their products into healthier alternatives to avoid excise taxation.
From Confiscation to Prevention: Asset Confiscation and the Impoverishment of Corruptors in Islamic Jurisprudence Norfazilah; Andi Marlina; Rasna; Wahidin
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 Banda Aceh

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22373/legitimasi.v14i2.32508

Abstract

This research is motivated by the weak deterrent effect on corruption perpetrators in Indonesia, where imprisonment, fines, and compensation have not been able to eliminate economic benefits or recover state losses. The formulation of this research problem involves two key aspects: first, how Islamic jurisprudence views the policy of impoverishing corruptors through asset confiscation; second, how the concept and mechanism of impoverishing corruptors are applied in the Indonesian positive legal system and Islamic jurisprudence. This study employs a normative juridical approach, utilizing statutory guidelines, conceptual designs, case studies, and a comparative analysis of asset forfeiture models in Malaysia, Singapore, the UAE, and Saudi Arabia. Research findings suggest that depriving corruptors of their assets is effective in stripping them of their economic benefits, recovering state losses, and enhancing the deterrent effect. From a fiqh jinayah perspective, this policy is legitimate as a form of ta'zīr punishment that is relevant to the maqāṣid al-sharī‘ah, especially in safeguarding assets (ḥifẓ al-māl) and preventing public harm. This study emphasizes the need to strengthen asset confiscation through the ratification of the Asset Confiscation Bill and the implementation of proportional and accountable non-conviction-based asset forfeiture. The novelty of this study lies in the comprehensive integration of positive law, deterrence theory, and the principles of fiqh al-jinayah to establish moral, juridical, and Sharia legitimacy for the strategy of impoverishing corruptors.
Judicial Discretion in Criminal Justice: Challenges, Implications, and Comparative Lessons from Indonesia and the Netherlands Amelia, Dean Putri; Harefa, Beniharmoni
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 Banda Aceh

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22373/legitimasi.v14i2.32581

Abstract

This article discusses the challenges and implications of applying the principle of judicial pardon rechtelijk pardon in the Indonesian legal system, by comparing similar concepts that have already been implemented in the Netherlands. This principle grants judges the discretion not to impose criminal penalties on perpetrators who are proven guilty if their actions are deemed minor, taking into account the principles of justice and humanity. This study employs a normative juridical method, utilizing a legislative, historical, conceptual, and comparative approach. The results show that the Dutch legal system has comprehensively implemented rechtelijk pardon, supported by consistent procedural law and jurisprudential practice. Conversely, the application of this principle in Indonesia still faces significant challenges due to the lack of synchronization between the substantive law in the 2023 Criminal Code and the formal law in the Criminal Procedure Code, as well as the absence of clear technical guidelines for judges to apply it. As a result, the principle of judicial pardon has the potential to become a symbolic norm without effective operationalization. This article emphasizes the importance of harmonizing the legal system and strengthening the implementation of regulations so that this principle can function optimally as an instrument of humanistic justice in national criminal law
Legal Protection of Personal Data and Virtual Assets in the Metaverse: A Comparative Study of the United States, China, and South Korea Kandriana, Muhammad; Zuhrah , Zuhrah; Iksan , Iksan; Maulana, Rahmad; Yasir, Muhammad
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 Banda Aceh

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22373/legitimasi.v14i2.32699

Abstract

The development of the metaverse as a new digital interaction space has given rise to increasingly complex legal challenges regarding the protection of personal data and virtual assets. This situation demonstrates the regulatory gap between countries in responding to the dynamics of the global digital economy. This study examines the comparison of regulations on personal data protection and virtual asset protection in the United States, China, and South Korea, and identifies lessons that can be applied to the Indonesian legal system. Utilizing a normative legal research method through a comparative approach, this study examines primary and secondary legal sources, including laws, national policies, and digital legal doctrines, in each country. The results show that the United States applies a liberal sectoral regulatory model, China adopts a centralistic model based on state control, while South Korea develops a hybrid model that balances innovation and legal protection. The comparative analysis reveals gaps in institutional aspects, regulatory integration, and legal recognition of activities and assets in the metaverse. The results of the study indicate that Indonesia should adopt an adaptive legal framework that comprehensively integrates personal data and virtual asset protection as a guiding principle for ius constituendum in establishing a safe, equitable, and globally competitive metaverse governance.
Legal Politics in Land Acquisition for the Waru-Buduran Frontage Road in Sidoarjo Regency, Indonesia Azizah, Putri; Suhadi, Suhadi; Wahanisa, Rofi
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 Banda Aceh

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22373/lg.v14i2.33038

Abstract

Land occupies a strategic position within Indonesia’s legal system, functioning not only as an economic asset but also as a social instrument intended to achieve the greatest prosperity of the people, as mandated by Article 33 paragraph (3) of the 1945 Constitution of the Republic of Indonesia. In the context of infrastructure development, the implementation of social functions of land frequently necessitates land acquisition for public purposes, particularly in transportation projects aimed at reducing traffic congestion and enhancing public welfare. This study aims to analyze land acquisition for the construction of the Waru–Buduran Frontage Road in Sidoarjo Regency, examining its legal basis, governing principles, and underlying legal-political orientation. The research employs a normative juridical method, utilizing statutory and conceptual approaches, supported by empirical data on the implementation of land acquisition at the research site. The findings reveal that the land acquisition process for the Waru–Buduran Frontage Road has been conducted in accordance with the applicable legal framework, particularly Law Number 2 of 2012 on Land Acquisition for Development in Public Interest and its implementing regulations, and is guided by principles of humanity, justice, utility, and legal certainty. Furthermore, policy reflects the local government’s legal politics aimed at accelerating infrastructure development and alleviating traffic congestion while ensuring protection of affected landowners’ rights through fair and adequate compensation. The implications of this study underscore the importance of enhancing public participation, enhancing transparency in compensation valuation, and ensuring the consistent application of land acquisition principles to achieve effective infrastructure development that remains aligned with the rule of law and social justice.

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