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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 203 Documents
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Criminal Liability for Circumcision Malpractice: Ibn Qayyim’s Jurisprudence and Indonesian Criminal Law Maulidar, Rona; Syah, Yuhasnibar; binti Awang, Nurulbahiah
Legitimasi: Jurnal Hukum Pidana dan Politik Hukum Vol. 15 No. 1 (2026)
Publisher : 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.v15i1.32019

Abstract

This article analyzes criminal liability for malpractice committed by circumcision (khitan) practitioners, as outlined by Ibn Qayyim al-Jawziyyah, and examines its relevance to positive law in Indonesia. The study is motivated by fundamental differences in the determination of criminal liability between classical Islamic legal perspectives and national law. This research is normative legal research employing a statute approach and a conceptual approach. Data were collected through library research, including primary, secondary, and tertiary legal materials such as statutory regulations, the works of Ibn Qayyim al-Jawziyyah, and relevant scholarly literature. The data were analyzed using a descriptive-analytical method that integrated perspectives on positive law and Islamic normative law. The findings indicate that, according to Ibn Qayyim, a circumcision practitioner must possess both professional competence and a valid practice license. A competent and licensed practitioner is not subject to criminal liability for patient harm in the absence of intentional wrongdoing, whereas an unqualified and unlicensed practitioner may be held criminally liable. In contrast, under Indonesian positive law, criminal liability is not solely based on intent (mens rea) but also encompasses negligence and recklessness that result in harm; thus, a practitioner may still be held criminally liable despite having competence and a valid license. Accordingly, Ibn Qayyim’s view appears less relevant within the framework of Indonesian positive law regarding criminal liability. Nevertheless, his emphasis on strict requirements for competence and licensing has preventive value, helping minimize malpractice and enhance professional standards in medical practice.
Dialectical Intersections of Islamic Legal Normativity and Local Wisdom in the Construction of Ihdād Practices Soim, Soim; Muhibbin, Moh.; Jannah, Shofiatul
Legitimasi: Jurnal Hukum Pidana dan Politik Hukum Vol. 15 No. 1 (2026)
Publisher : 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.v15i1.32104

Abstract

This research aims to analyze the implementation of ihdad practices in Separah Village, Bangkalan, within the framework of Islamic law and its interaction with local culture ('urf). The main focus of the study is to examine the extent to which customary norms dominate the implementation of ihdad and how this influences religious understanding, gender justice, and the literacy of widowed women in traditional society regarding women's jurisprudence. The method used is a qualitative, case-study approach. Data was obtained through in-depth interviews with widows, religious figures, and village officials, as well as participant observation of social practices related to ihdad. The analysis was conducted descriptively-interpretatively, using data reduction, categorization, and narrative interpretation to uncover the cultural and legal meanings present in the practice. The research results indicate that the implementation of ihdad is more controlled by customary norms than by religious understanding. Women's fiqh literacy is considered low, and the role of religious figures tends to be passive. Ihdad is understood as a social obligation, not merely a spiritual act of worship, thus becoming an instrument of control over women. This research recommends Islamic legal education based on local culture as a solution.
The Urgency of Reformulating Election Criminal on the Use of Someone Else’s Name Without Permission in Indonesia’s Electoral Digitization System Rofiqoh Pebrianti; Usman, Usman; Arfa’i, Arfa’i
Legitimasi: Jurnal Hukum Pidana dan Politik Hukum Vol. 15 No. 1 (2026)
Publisher : 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.v15i1.32684

Abstract

Penelitian ini menyoroti maraknya penyalahgunaan data pribadi tanpa izin dalam penyelenggaraan Pemilu, khususnya pada tahap pendaftaran dan verifikasi partai politik melalui Sistem Informasi Partai Politik (SIPOL). Kondisi ini menunjukkan lemahnya perlindungan hukum terhadap hak privasi warga negara, mengingat Undang-Undang Nomor 7 Tahun 2017 tentang Pemilu belum secara tegas mengatur sanksi atas pelanggaran tersebut. Penelitian menggunakan metode yuridis normatif dengan pendekatan perundang-undangan, konseptual, dan kasus untuk menelaah regulasi, doktrin hukum pidana, serta praktik kepemiluan. Hasil penelitian menunjukkan belum adanya norma yang komprehensif dalam pengaturan penggunaan data pribadi tanpa izin dalam konteks pemilu, yang menimbulkan ketidakpastian hukum dan melemahkan perlindungan hak warga negara. Oleh karena itu, diperlukan reformulasi hukum pemilu yang mengintegrasikan ketentuan perlindungan data pribadi dalam UU Nomor 27 Tahun 2022 dan KUHP baru. Rekomendasi penelitian mencakup pembaruan UU Pemilu dengan menambahkan bab khusus mengenai pelanggaran digital, penguatan Gakkumdu, audit keamanan sistem SIPOL dan SIDALIH, serta peningkatan partisipasi publik dalam pengawasan berbasis data untuk menjaga integritas dan transparansi pemilu digital di Indonesia
Legal Harmonization of Regional and National Development Plans for Sustainable Development Goals Implementation: Evidence from Bima Regency, Indonesia Rahmah, Nuzulul; Firmanto, Taufik
Legitimasi: Jurnal Hukum Pidana dan Politik Hukum Vol. 15 No. 1 (2026)
Publisher : 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.v15i1.32991

Abstract

The legal harmonization between the Regional Medium-Term Development Plan (RPJMD) of Bima Regency and the National Medium-Term Development Plan (RPJMN) is a key prerequisite for achieving national development priorities and the Sustainable Development Goals (SDGs). However, SDG implementation at the regional level still faces challenges, indicating inconsistencies between regional and national planning frameworks. This study examines the extent to which harmonization between the RPJMD of Bima Regency and the RPJMN accommodates SDG principles and their implications for sustainable regional development. Using a normative juridical approach, the research analyzes statutory, conceptual, and policy documents related to development planning. The findings show varying levels of alignment in SDG integration. Strong harmonization is observed across basic services, poverty reduction, education, and health, while more complex targets, such as climate action, innovation, and institutional sustainability, remain only partially integrated. The study identifies regulatory frameworks, institutional capacity, political dynamics, and stakeholder participation as key factors influencing the effectiveness of harmonization. Although harmonization enhances policy coherence and supports the implementation of sustainable development, inconsistencies in legal and policy frameworks can hinder the comprehensive achievement of the SDGs at the regional level. Therefore, effective harmonization requires strengthened intergovernmental coordination, improved local institutional capacity, and broader stakeholder engagement to ensure integrated implementation of SDG targets.
Law Enforcement Against Illegal Orphanage Managers in Sexual Violence Against Foster Children Bulan Cahya, Rut Erika; Marwinata, Pepy
Legitimasi: Jurnal Hukum Pidana dan Politik Hukum Vol. 15 No. 1 (2026)
Publisher : 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.v15i1.33008

Abstract

Illegal orphanages operating without permits often pose environmental risks that are vulnerable to various forms of abuse, including sexual violence against the children they are supposed to protect. This study examines the legal enforcement against illegal orphanage managers in Gubeng, Surabaya, who are suspected of being involved in sexual violence against foster children and child abduction, as well as regulations related to the establishment of social institutions. Using a normative legal approach and qualitative analysis methods, data was obtained through legal literature studies, court decisions, and case reports in the Surabaya area. The results of the study show that law enforcement efforts are still hampered by weak supervision, a lack of synergy between agencies such as the Ministry of Social Affairs, the Police, and the Social Services Agency, as well as legal loopholes that allow illegal orphanages to operate without adequate control. Obstacles in coordination also affect the process of proving cases, so that even though the Child Protection Law has established severe sanctions, its implementation in the field is often not optimal. These findings emphasize the need to strengthen the monitoring system, improve inter-agency cooperation, and strengthen commitment to law enforcement to prevent similar cases from recurring.
Criminal Liability Policy for Organizers of the Free Nutritious Meal Program in Mass Food Poisoning Cases: A Legal Certainty Approach Suryana, Dian; Dini Dewi Heniarti
Legitimasi: Jurnal Hukum Pidana dan Politik Hukum Vol. 15 No. 1 (2026)
Publisher : 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.v15i1.33752

Abstract

The free nutritious meal program is a national public service policy intended to strengthen nutritional fulfillment for vulnerable groups; however, its large-scale food distribution system also creates serious food safety risks, including the possibility of mass poisoning incidents. This study examines the normative problem of unclear criminal accountability in free nutritious meal governance, particularly the absence of a foreseeable accountability map that distinguishes administrative violations from criminal conduct and identifies the relevant legal subjects. The research addresses two questions about how criminal liability is constructed in food safety incidents within the free nutritious meal program, and how the chain of criminal responsibility among the government, the National Nutrition Agency, schools, and vendors should be structured within a public policy framework. This study employs doctrinal legal research using statutory, conceptual, and comparative approaches through the examination of criminal law, food law, consumer protection law, and selected comparative references from Japan, India, and China. The findings show that Indonesian positive law provides a fragmented basis for liability through negligence offenses in the Criminal Code and criminal provisions in food and consumer legislation, yet these norms remain insufficient for a multi-actor public policy program such as the free nutritious meal. This condition creates uncertainty in liability attribution and risks selective criminalization or structural impunity. The study concludes that the free nutritious meal requires a statutory lex specialis that clearly regulates minimum food safety standards, liable legal subjects, fault thresholds, causation standards, and tiered sanctions in order to ensure legal certainty and effective public protection.
Law Enforcement of Illegally Used Clothing Imports and the Protection of Indonesia’s Textile Industry Fratiwi, Putri Yasmin; Mulyanti, Asti Sri
Legitimasi: Jurnal Hukum Pidana dan Politik Hukum Vol. 15 No. 1 (2026)
Publisher : 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.v15i1.34002

Abstract

This study aims to analyze law enforcement against illegal imports of used clothing and to examine the legal protection of the national textile industry based on Law Number 7 of 2014 on Trade. The purpose of this research is to evaluate the effectiveness of the prohibition policy on used clothing imports and to assess its role in safeguarding domestic industrial competitiveness, particularly in the case of Pelita Market, Sukabumi. The research employs a normative juridical method using a statutory approach and a conceptual approach. Legal materials consist of primary, secondary, and tertiary sources collected through library research and analyzed using qualitative descriptive analysis with grammatical and systematic interpretation. The findings indicate that the prohibition of used clothing imports has been clearly regulated under Law Number 7 of 2014 and its implementing regulations, including criminal and administrative sanctions. However, law enforcement remains ineffective due to weak supervision, limited inter-agency coordination, administrative loopholes, and strong market demand. This situation creates unfair business competition and undermines the competitiveness of the national textile industry. In conclusion, strengthening law enforcement mechanisms, improving inter-agency coordination, and implementing consistent supervision are essential to ensure effective protection of the national textile industry and to realize a fair and sustainable trading system.
Failure to Fulfill Children's Educational Rights as a Violation of the Law in the Context of Parents' Economic Incapacity Kesuma, Denny Chen Indra Nata; Hasibuan, Ali Huristak Hartawan; Setyawan , David Novan
Legitimasi: Jurnal Hukum Pidana dan Politik Hukum Vol. 15 No. 1 (2026)
Publisher : 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.v15i1.34233

Abstract

This research offers novelty by positioning children's educational rights not only as social and economic rights, but also as an integral part of children's civil rights that have legal consequences for those who are obliged to fulfill them. The purpose of this study is to examine the fulfillment of children's educational rights as part of civil rights in the context of parents' economic incapacity. The method used is normative legal research with a legislative approach and a conceptual approach, through the study of various legal provisions that regulate children's educational rights. The results of the study show that the failure to fulfill children's educational rights due to parents' economic limitations is not solely a social problem, but also a legal issue related to the protection of children's civil rights. From the perspective of civil law, parents have a legal obligation to fulfill the child's educational rights as part of the civil responsibility inherent in the relationship between parents and children. However, this responsibility cannot be fully imposed on parents, but also involves the role of the state in ensuring the fulfillment of children's educational rights. The practical implication of this study is the need to strengthen the role of the state through more effective policies and legal instruments in ensuring access to education for children, especially those from economically disadvantaged families, as well as the affirmation of legal responsibility mechanisms for parties who are negligent in fulfilling these rights. 
Discourse on the Separation of the National Police from the Ministry of Constitutional Law and Constitutional Politics Wijoyo, Hadi; Suharto, Suharto; Virdaus, Saivol
Legitimasi: Jurnal Hukum Pidana dan Politik Hukum Vol. 15 No. 1 (2026)
Publisher : 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.v15i1.34235

Abstract

The position of the National Police of the Republic of Indonesia (Polri), which is under the President and has structural and functional links with certain ministries, raises debates about the level of its independence, especially in the implementation of law enforcement functions that demand neutrality and freedom from political intervention. This study aims to analyze the constitutional basis and institutional implications of the relationship between the National Police and ministries in the Indonesian constitutional system. The method used is normative legal research with a statutory and conceptual approach, which focuses on the study of legal norms and principles that govern the position and institutional relations of the National Police. The results of the analysis show that the arrangement of the relationship between the National Police and the ministry still leaves ambiguity in the institutional design, which has the potential to affect the independence of law enforcement. Therefore, the discourse on the separation of the National Police from the ministries has a strong normative basis, both in the perspective of constitutional law and in the framework of security sector reform. The main contribution of this research lies in strengthening normative arguments regarding the importance of restructuring the institutional relationship of the National Police in order to clarify its constitutional position, increase independence in law enforcement, and maintain consistency with the principles of a democratic state of law.
Legal Protection for Child Victims of Incest Crimes: Evidence from the Aceh Women’s Empowerment and Child Protection Agency Ishma Raihan; Yusnaidi Kamaruzzaman; Zakir, Fata; Salim, Mohammad; Susanna, Eva
Legitimasi: Jurnal Hukum Pidana dan Politik Hukum Vol. 15 No. 1 (2026)
Publisher : 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.v15i1.34256

Abstract

This study examines legal protection for child victims of incest in Aceh, with a particular focus on power relations between victims and perpetrators. In this context, incest is understood as a crime that not only violates the physical integrity of the child but also damages the victim’s psychological condition, social well-being, and sense of security, given that perpetrators generally occupy dominant positions within the family structure. Therefore, legal protection for child victims of incest requires a multidimensional approach that extends beyond law enforcement to include continuous assistance aimed at preventing revictimization. This study aims to analyze the fundamental concept of legal protection for child victims of incest and the role of the Aceh Office of Women’s Empowerment and Child Protection (DP3A) in its implementation. The research employs a qualitative method with an empirical juridical approach. The findings indicate that legal protection for child victims of incest is grounded in the principle of special protection, which recognizes children as vulnerable legal subjects due to unequal power relations. Such protection is not limited to criminal prosecution of perpetrators but also encompasses comprehensive efforts to restore the victims’ rights. Empirically, DP3A Aceh has implemented various protective measures, including psychological and physical recovery, social rehabilitation, education, and legal assistance for child victims of incest.

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