Ta'zir: Jurnal Hukum Pidana

PENYEBARAN SPOILER DI MEDIA TIKTOK TERHADAP FILM SPIDERMAN: NO WAY HOME PERSPEKTIF HUKUM PIDANA ISLAM

Puji Setyaningtias — 2023-06-19

Spiderman: No Way Home will be released on December 15, 2021. Spoilers for this film are circulating on the internet, especially on the Tiktok application which is currently being used. The problem with this spoiler, the author found accounts that spread spoilers for the Spiderman: No Way Home movie by uploading snippets of the film on Tiktok media. This is where the formulation of the problem emerges as follows: 1) How is the crime of spreading spoilers on Tiktok media in the case of the Spiderman: No Way Home film? 2) How does Islamic criminal law review the spread of spoilers on Tiktok in the case of the Spiderman: No Way Home film? This research is a normative juridical research. The research method in this study is through a library research approach, with the data used are secondary data, and the sources of data taken in this study are primary, secondary and tertiary legal materials. The data collection is carried out by literature study of legal materials obtained from data that has been processed and obtained from research results, then collected, read, recorded and described by inductive thinking, namely from general to specific questions so that the results are presented. research results can be easily understood. Based on the results of this thesis research, it can be concluded that: 1) The crime of spreading spoilers in the Tiktok media against the Spiderman no way home case is a cyber crime in the form of offense against intellectual property, namely a crime against intellectual property rights. Spoiler actions violate article 32 of the ITE Law, because spoilers are categorized as "transmission" actions and the sanctions are a maximum imprisonment of eight years and/or a fine of two billion, as regulated in article 47 of the ITE Law. 2) A review of Islamic criminal law on the spread of spoilers on Tiktok media in the case of the film Spiderman: No Way Home, namely that spoilers are the act of taking other people's work without permission or plagiarism. Plagiarism can be categorized as an act of theft. So in Islamic crime the sanction for the perpetrator is cutting off his hand as in the letter Al-Maidah verse 38. However, the theft in the form of spoilers does not meet the conditions for the hadd punishment, thus requiring the ta'zir punishment.

Keywords: Spread, Spoiler, Tiktok

PRAKTEK PENEGAKAN HUKUM OLEH POLDA SUMSEL DALAM MENANGANI KASUS PENCURIAN DENGAN KEKERASAAN

antoni antoni — 2023-06-19

"Law Enforcement Practices by the South Sumatra Regional Police in handling cases of theft with violence". Theft with violence is a crime that is prohibited in Indonesian law as well as in Islamic law. The formulation of the problem raised in this study is how law enforcement is carried out by the South Sumatra Regional Police against perpetrators of criminal acts of theft with violence, and how is the review of Islamic Criminal Law on law enforcement carried out by the Regional Police of South Sumatra against perpetrators of criminal acts of theft with violence . he purpose of this study is to determine law enforcement carried out by the South Sumatra Regional Police against perpetrators of criminal acts of theft with violence, as well as to find out the review of Islamic Criminal Law on law enforcement carried out by the Regional Police of South Sumatra against perpetrators of criminal acts of theft with violence. The method used in this research is empirical juridical research method, empirical juridical research is field research by observing what happens in the field. As for the results of this study, it can be seen that law enforcement is carried out by the Regional Police of South Sumatra against criminal acts of theft with violence, namely in 2 ways, namely preventive efforts with the aim of preventing the occurrence of a crime and repressive efforts, namely a form of action or disclosure of cases against the perpetrators. criminal acts related to theft with violence. As for the review of Islamic Criminal Law on law enforcement carried out by the Regional Police South Sumatra, namely by being subject to sanctions in the form of cutting off hands, being killed or crucified or exiled from their place of residence, according to their actions.

Keywords: Law Enforcement, Theft with Violence, South Sumatra Regional

Police.

CRIMINALIZATION OF POLYGAMY

Rahmi Nurtsani — 2023-06-19

There are many cases that occur within the scope of family law, especially in marriage. One of the cases that is most highlighted in the community because of its sensitive nature is polygamy. Therefore, this study will explain how polygamy is one of the triggers for criminal acts and causes the perpetrators to receive sanctions or punishments. This research methodology uses library research which is a qualitative research, namely research by examining and analyzing data from library sources, either in the form of books, papers, journals and others related to polygamy and all its legal consequences. The conclusions obtained in this paper are that the criminalization of polygamy here is understood as an attitude that categorizes the practice of polygamy as a criminal act, which is threatened with certain forms of crime, both imprisonment and fines. The legal provisions in force in the Republic of Indonesia do not prohibit polygamous marriages, but also do not allow them to be free without rules. The Republic of Indonesia regulates it with strict and clear terms and conditions as stated in the provisions of the applicable laws and regulations, KUHP, UU PKDRT, UU No.1/1974 which also applies very strict conditions for the practice of polygamy, especially the fulfillment of physical and spiritual needs for children and wives who are not the only one. As data from KOMNAS HAM which notes that polygamous marriages are vulnerable to neglect of family needs and livelihoods, they fall into the category of domestic violence in the form of economic neglect. Criminal sanctions against polygamy that violate the legal provisions in the three applicable regulations above, can be in the form of: (1) the threat of imprisonment for five to seven years for men who marry even though their marriage has existed before which becomes a legal barrier. ; (2) a maximum imprisonment of 3 months or a maximum fine of Rp. 7,500. ; (3) imprisonment for a maximum of 3 (three) years or a fine of a maximum of Rp. 9,000,000.00 (nine million rupiahs) and or a maximum imprisonment of 4 (four) months or a maximum fine of Rp. 3,000,000.00 (three million rupiah).

Keyword: Poligamy, Criminalization, Criminal sanctions.

PERAN KEPOLISIAN DALAM MENANGGULANGI TINDAK PIDANA PENGANIAYAAN DITINJAU DARI HUKUM PIDANA ISLAM (STUDI KASUS DI KEPOLISIAN SEKTOR PEMULUTAN KABUPATEN OGAN ILIR)

zoliya atina — 2023-06-19

ABSTRACT

Crime is an act that often occurs in the community, one of which occurs in the Legal Area of the Pemulutan Police. This is very disturbing and disturbing the problems and security of the community. Therefore, the role of the police is needed to make countermeasures in order to minimize the acts of persecution that occur. The formulation of the problem in this study is how the role of the police in tackling criminal acts at the Pemulutan Police of Ogan Ilir Regency and how Islamic criminal law is on the role of the Police in tackling criminal acts at the Pemulutan Police of Ogan Ilir Regency. The method used in this research is empirical juridical with qualitative type. The conclusion of this study is that the role of the police in tackling criminal acts at the Polsek Pemulutan is carried out with two efforts, namely preventive efforts and repressive efforts. Prevention is carried out in the form of general efforts, namely socialization of the culture of prohibiting violence, increasing happiness, and the dangers of drug and alcohol efforts. Then repressive efforts are tackling the case settlement process from the investigation and investigation of the Public Prosecutor's case to resolve the trial problem and the settlement of case settlement with a peace system (restorative justice) and the settlement of case settlement. Then the second is that the role of the police in tackling criminal acts at the Pemulutan Police of Ogan Ilir Regency is carried out in accordance with Islamic criminal law as has been implemented by Rasulullah SAW in terms of law, which aims to carry out amar ma'ruf nahi munkar and to achieve the objectives of criminal law. Islam as it can maintain life as Maqāsid Ash-Syarī'aḥ or Al-Maqasid Al-Khomsah, namely hif annafs (maintaining the soul), Hifzh-dīn (maintaining religion), hif-'aql (maintaining reason), hifzh an-nasb (maintaining offspring) and hifz al-māl (maintaining property).

Keywords: Islamic Criminal Law, Countermeasures, Role of Police, Crime of Persecution

RESTORATIF JUSTICE PADA KASUS KEKERASAN DALAM RUMAH TANGGA MENURUT PERSPEKTIF HUKUM PIDANA ISLAM

Ahmad Syairafi Al Ayyubi — 2023-12-06

Restorative Justice is a settlement process that is carried out outside the criminal justice system by involving victims, perpetrators, families, communities and parties involved in this case in domestic violence cases in order to achieve agreement and peace between the parties. The number of cases that appear in the news is proof that there is still a lot of domestic violence that occurs in Indonesia, while the efforts made to solve the problem of domestic violence are through restorative justice. The main point of study in this research is how to stop the prosecution of husbands who commit domestic violence cases according to Perja Number 15 of 2020 and the views of Islamic criminal law on stopping prosecution of husbands who commit domestic violence cases. The purpose of this study is to find out the termination of criminal cases against husbands of domestic violence perpetrators according to restorative justice according to Perja Number 15 of 2020 and to find out the perspective of Islamic criminal law regarding stopping prosecution of husbands of perpetrators of domestic violence regarding restorative justice. This type of research uses normative juridical research with qualitative methods to analyze legal principles and theories and uses secondary data sources in collecting the necessary data. The results of this study are that the Termination of Prosecution for the husband of the perpetrator of a domestic violence case is further regulated in the Prosecutor's Office Regulation Number 15 of 2020. The prosecutor's office can legally and properly invite the victim to reconcile by stating the reason for the summons (Articles 7 & 8 Perja Number 15 of 2020). And the reconciliation process is carried out voluntarily without pressure and threats (Article 9 Prosecutor's Regulation No. 15 of 2020) in the event that the victim and the defendant reach an agreement to make peace which is recorded before the Prosecutor's Office (Article 10 of the Prosecutor's Regulation No. 15 of 2020). The perspective of Islamic criminal law restorative justice in the prosecutor's regulation is in accordance with the concept of islah in Islamic criminal law. Where the husband of the perpetrator of domestic violence tries to apologize to the victim & promises not to repeat his actions.

Keywords: Domestic Violence, Restorative Justice, Islamic Criminal Law.