Journal Title : Ta'zir: Jurnal Hukum Pidana Initial : Tazir Abbreviation : Ta'zir Frequency : 2 Issues per year (June and Desember) DOI Prefix :10.19109/tazir by Crossref Online ISSN : 2809-803x (e-ISSN)/2615-1065 (p-ISSN) Editor-in-Chief : Yuli Kasmarani Publisher : Islamic Criminal Law Program, Sharia and Law Faculty Society : Relawan Jurnal Indonesia (RJI) Institution : Universitas Islam Negeri Raden Fatah Palembang Citation Analysis : Google Scholar, Garuda, Moraref, Dimensions Ta'zir: Jurnal Hukum Pidana is a scientific journal based on Open Journal Systems (OJS) managed by the Islamic Criminal Law Study Program, Faculty of Sharia and Law, Raden Fatah State Islamic University Palembang. This Ta'zir: Jurnal Hukum Pidana Journal is a forum for researchers and observers of Islamic Criminal Law, Criminal Law, Islamic Law and Society to be able to develop science in the context of fulfilling the Tri Dharma of Higher Education, especially knowledge in the field of Islamic Criminal law and Islamic law. Ta'zir: Jurnal Hukum Pidana Journal is published twice a year, in June and December.
Universitas Islam Negeri Raden Fatah Palembang
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REVIEW OF ISLAMIC CRIMINAL LAW ON THE SETTLEMENT OF MOTORCYCLE EMBEZZLEMENT CASES THROUGH RESTORATIVE JUSTICE
The settlement of motorcycle embezzlement cases that occur in the community is usually resolved through litigation, but as the times develop, the case is resolved through the restorative justice mechanism. However, not all cases of motorcycle embezzlement can be resolved through restorative justice mechanisms and whether there is a deterrent effect on the perpetrator after the case is resolved through restorative justice. The formulation of this research problem is: first, how to resolve motorcycle embezzlement cases through restorative justice, second, how to resolve motorcycle embezzlement cases through restorative justice according to the perspective of Islamic criminal law. The author uses normative legal research with qualitative data types, namely research by examining and describing the sources of data obtained through literature studies, and document studies. The data sources used in this study are primary, secondary and tertiary legal materials. The results of the study conclude that the settlement of motorcycle embezzlement cases through restorative justice can be carried out through several requirements in existing regulations in the criminal justice subsystem such as in the Police, Prosecutor's Office and the General Justice Environment. In the Police, it is regulated in Police Regulation No. 8 of 2021 concerning the Handling of Crimes Based on Restorative Justice. The Prosecutor's Office is regulated in Prosecutor's Regulation No. 15 of 2020. And finally, the application of motorcycle embezzlement cases can also be resolved through restorative justice in the Court environment based on the Supreme Court Regulation of the Republic of Indonesia No. 1 of 2024 concerning Guidelines for Adjudicating Criminal Cases Based on Restorative Justice. In Islamic criminal law, motorcycle embezzlement cases can be resolved through restorative justice if there is forgiveness from the family and also the perpetrator compensates for the losses due to the criminal act he has harmed.
Copyright (c) 2025 Ilal Amri, Muhamad Sadi Is, Yuli Kasmarani http://creativecommons.org/licenses/by-sa/4.0
THE ROLE OF CORRECTIONAL CENTERS IN OPTIMIZING DIVERSION AS A RESTORATIVE JUSTICE EFFORT IN THE JUVENILE CRIMINAL JUSTICE SYSTEM
This study examines the Optimization of Diversion as a Restorative Justice Effort in the Juvenile Criminal Justice System which is motivated by the importance of child protection as a legal subject that is still in the development stage. The juvenile criminal justice system in Indonesia through Law Number 11 of 2012 concerning the Juvenile Criminal Justice System (SPPA Law) regulates the diversion mechanism as an alternative to resolving cases outside the formal judicial channels. Diversion is expected to prevent children from negative stigma, provide opportunities to improve themselves, and restore relationships between perpetrators, victims, and society through the principle of restorative justice. This type of research uses a normative legal approach complemented by field studies. The data of this research was obtained through literature studies in the form of primary, secondary, and tertiary legal materials, and was complemented by primary data through interviews with law enforcement officials and related parties. The analysis technique used is qualitative analysis with an emphasis on synchronization between legal norms and implementation in the field. The results of the study show that the application of diversion in the juvenile criminal justice system still faces several obstacles, such as limited human resources, lack of public understanding of the concept of restorative justice. However, diversion has been proven to have a strategic function in realizing child protection, preventing labeling effects, and supporting children's social reintegration. Therefore, the optimization of diversion can be carried out through strengthening regulations, increasing the capacity of law enforcement officials, and continuous socialization to the community.
Copyright (c) 2025 Hijriyana Safithri, Ramiah Lubis, RA Qonita, Sendika, Riski Nandita http://creativecommons.org/licenses/by-sa/4.0
INTEGRATION OF PENAL POLICY AND SOCIAL POLICY IN HANDLING CRIMINAL ACTS OF MURDER ACCOMPANIED BY CHILD RAPE IN SOUTH SUMATRA
This study examines the implementation of law enforcement against perpetrators of murder accompanied by child rape in the jurisdiction of the South Sumatra Regional Police, using a criminological approach. The main focus is on evaluating the effectiveness of law enforcement, identifying structural and cultural barriers, and applying criminological theories such as Strain, Differential Association, and Routine Activity. The methodology used is an empirical juridical approach with qualitative methods. The findings show that the law enforcement process has been in accordance with positive law provisions, but still faces challenges in the form of limited human resources, lack of coordination between institutions, and the influence of socio-cultural factors. Criminological analysis reveals that these crimes are triggered by social pressure, weak moral control, and open opportunities for crime due to minimal supervision. Therefore, integration between criminal law and social policies is needed in formulating law enforcement strategies for serious crimes involving children as victims
Copyright (c) 2025 Redi Pirmansyah http://creativecommons.org/licenses/by-sa/4.0
JUVENILE JUSTICE: ALTERNATIVE COMMUNITY SERVICE WHEN DIVERSION IS NOT ACHIEVED
The effectiveness of basic punishments for children in conflict with the law when diversion is not achieved, particularly regarding community service as an alternative punishment, is the focus of this study. The purpose is to determine the most appropriate form of punishment for children when diversion fails and to assess whether community service is the best option. Using a normative juridical method, the study finds that each basic punishment in Article 71 Paragraph (1) of the Juvenile Criminal Justice System Law has its strengths and weaknesses. A warning is too lenient, guidance outside the institution emphasizes rehabilitation but lacks facilities, supervision allows normal activities but has no deterrent effect, job training is potentially beneficial but often noncompliant, and institutional guidance faces obstacles in fulfilling children's rights. Imprisonment is the least effective because it negatively affects children's psychological and social conditions and should be a last resort. Among all punishment, community service is deemed most ideal as it aligns with corrective, rehabilitative, and restorative principles, keeps children in their environment, and fosters social responsibility and empathy
Copyright (c) 2025 Aida Ihsaniati, Rendy Airlangga http://creativecommons.org/licenses/by-sa/4.0
ASPECTS OF ISLAMIC CRIMINAL LAW IN REALIZING A CORRUPTION-FREE INDONESIA
As an extraordinary crime, and which can damage the state system, and can endanger the survival and life of the community. Corruption is a complex phenomenon that has a number of causative factors, as reported by the KPK website there are two factors that cause corruption crimes, namely, internal and external factors. Internal factors are factors that come from oneself. While external factors are factors that come from outside oneself. The rampant criminal act of corruption, with the weak laws and regulations, so that it becomes an entrance for corrupt perpetrators to launch their actions by committing corruption crimes in the country. Even though many efforts have been made by the state, corruption is still increasing both in terms of the quantity of cases and even the quality of corruption crimes that occur tend to be more systematic, more widespread in almost all aspects of people's lives. Departing from the rampant crime of corruption, it is time for the government and law enforcement officials to examine other sources and legal systems in the current national legal system. This research is a normative research that examines the system and sources of law in Islamic law, as a step to realize a corruption-free Indonesia, using the principles of Islamic criminal law. There are many references that can be used as a reference in efforts to enforce Islamic criminal law in this country, including the prohibition of accepting bribes (riswah), the example of leaders, and the law that is commensurate and mutually supportive and reminding the leaders of the state and the community.
Copyright (c) 2025 Taroman Pasyah, Nashriana, Rd. Muhammad Ikhsan, Taslim http://creativecommons.org/licenses/by-sa/4.0
THE JUDGE'S CONSIDERATION OF THE CHILD AS THE PERPETRATOR OF SEXUAL VIOLENCE THAT RESULTED IN THE VICTIM'S DEATH: AN ANALYSIS OF DECISION NUMBER 50/PID. SUS-ANAK/2024/PN PLG & 51/PID. SUS-ANAK/2024/PN PLG
This article seeks to achieve two objectives: first, to analyze the various legal frameworks that govern the treatment of children in such cases, and second, to identify the factors that the court considers when deciding a child offender to be guilty of sexual violence resulting in death. This research focuses on two court decisions: Decision Number 50/Pid.Sus-Anak/2024/PN Plg and Decision Number 51/Pid.Sus-Anak/2024/PN Plg. The research approach used is normative juridical, and involves an analytical descriptive methodology. Judges considered the age, role, and opinions of community counselors when making decisions about ABH cases, according to the study. The principles of restorative justice and the best interests of children as outlined in the Law on the Juvenile Criminal Justice System are the basis of the decision.
Copyright (c) 2025 Muhammad Bukhori Setiawan http://creativecommons.org/licenses/by-sa/4.0
RESTORATIVE JUSTICE IN THE NEW CRIMINAL CODE AS A MANIFESTATION OF PROPHETIC LAW VALUES AND PANCASILA
This research aims to explain the extent to which the principle of restorative justice in the 2023 Criminal Code reflects prophetic legal values and how their implications are for the practice of Pancasila values. This study adopts a normative juridical methodology combined with a descriptive-analytical approach. Data is collected through literature review including primary, secondary, and tertiary legal sources, and then processed qualitatively. The results show that the application of restorative justice in the 2023 Criminal Code is in line with three main values in the prophetic legal framework, namely the dimensions of divinity, humanity, and justice. This approach also reflects the practice of Pancasila values, especially in upholding human dignity, deliberation, and social justice. Thus, the 2023 Criminal Code not only represents the renewal of the national criminal law, but also becomes a forum for humanist and transformative legal transformation based on the noble values of the nation.
Copyright (c) 2025 Bagas Tri Sugiarto http://creativecommons.org/licenses/by-sa/4.0
CHALLENGES TO THE DEATH PENALTY FOR PERPETRATORS OF CORRUPTION IN INDONESIA
Corruption as an extraordinary crime provides regulations regarding the death penalty for its perpetrators. The purpose of this study is to explore the challenges of implementing the death penalty for corruption crimes, which are considered extraordinary crimes that seriously undermine national stability and governance. The methodology used includes a comprehensive review of laws, regulations, and academic discussions on the topic, as well as an analysis of public opinion and human rights considerations. The results show that although there are strong arguments for the death penalty as a deterrent to corruption, there are many obstacles, including the need for legal reform and compliance with international human rights standards. It can be concluded that a balanced approach is needed to effectively combat corruption while respecting human rights, with suggestions to focus more on strengthening the existing legal framework and law enforcement mechanisms and encouraging the impoverishment of corruptors through the instrument of asset confiscation and restrictions on political rights. Keywords: human rights; death penalty; corruption; crime.
Copyright (c) 2025 Husin Rianda, Khairul Fani http://creativecommons.org/licenses/by-sa/4.0
REFORMULATION OF CORPORATE CRIMINAL LIABILITY AFTER THE NEW CRIMINAL CODE
This research aims to analyze the reformulation of corporate criminal liability in the new Criminal Code (KUHP) as a response to the development of corporate crime in Indonesia. The main focus of the research is to assess the extent to which the new Criminal Code is able to accommodate the unique characteristics of complex and multidimensional corporate crimes. This research utilizes normative juridical approach with descriptive-qualitative analysis method. Data is reviewed through literature study of relevant laws and legal literature. The results show that the new Criminal Code through Article 45 to Article 52 has adopted a modern approach to corporate criminal liability, by expanding the subject of criminal law and emphasizing the criteria for liability. This reformulation reflects the state's systematic efforts in building a criminal law system that is more responsive to the dynamics of corporate crime. Keywords: . Criminal Liability, Corporate Crime, New Criminal Code
Copyright (c) 2025 Abi Kusuma Friestiawan Ahmad http://creativecommons.org/licenses/by-sa/4.0
THE URGENCY OF COUNSELING AS AN ADDITIONAL CRIMINAL SANCTION TO PREVENT DIVORCE IN THE PERSPECTIVE OF ISLAMIC FAMILY LAW
Domestic violence (marietal crime) in Indonesia often occurs and there is always an increase, domestic violence is one of the factors causing the high divorce rate in Indonesia. In the PKDRT Law, the regulation of criminal sanctions of imprisonment or confinement is not also effective as an ultimum remedium. On the other hand, judges are more inclined to use the sanction of imprisonment without considering counseling as an additional criminal which is an applicable policy that needs to be tried in maintaining harmony and integrity of marriage. For this reason, it is necessary to study the urgency of counseling as an additional criminal sanction for domestic violence crimes and how Islamic family law assesses this. This research is a normative research with a normative juridical approach that uses study materials in the form of Law Number 23 of 2004 concerning the Elimination of Domestic Violence, the Quran, hadith, and books and articles related to the problem studied. Then the study material is analyzed in a qualitative descriptive manner. The results of the study show that domestic violence has a very significant impact on victims, ranging from suicide attempts, physical injuries, being infected with sexually transmitted diseases, paralysis, mental health disorders, loss of confidence, job loss, criminalization, to divorce. So, additional counseling for domestic violence perpetrators should be applied to prevent bad things from happening, one of which is divorce. The existence of additional counseling provides a more controlled space and process for domestic violence perpetrators to improve themselves, domestic violence victims can recover from trauma, and avoid wider impacts in marriage (divorce). In Islamic Family Law, maintaining the integrity of the family is paramount and avoiding things that can cause divorce. Therefore, additional counseling needs to be imposed as part of maqoshid al-Ghayatu li al-nikahi ila ahli al-sakinah wa al-waRahmah Keywords; Domestic Violence, Counseling, Islamic Family Law
Copyright (c) 2025 Armasito Armasito, Yuli Kasmarani http://creativecommons.org/licenses/by-sa/4.0
IMPLICATIONS OF CRIMINAL LAW IN LAW ENFORCEMENT AGAINST ONLINE GAMBLING PERPETRATORS IN INDONESIA
The development of information technology has encouraged the rise of online gambling practices that are increasingly difficult to control and have a negative impact on the moral, social, and economic of the community. Online gambling is a form of criminal offense that is prohibited by Indonesian law, both in the Criminal Code (KUHP), the Information and Electronic Transactions Law (UU ITE), and the Money Laundering Law (TPPU). Law enforcement against online gamblers includes criminal penalties in the form of imprisonment, fines, and confiscation of assets obtained from gambling proceeds. This study aims to analyze the legal basis and form of criminal responsibility for online gambling perpetrators, as well as highlight the importance of synergy between law enforcement in eradicating this digital crime. With a juridical normative approach, this study shows that the Indonesian legal system has provided a strong foundation to ensnare online gambling perpetrators as a whole, including organizers, players, and parties involved in the flow of gambling funds. Keywords: Online Gambling, CRIMINAL CODE, ITE LAW, TPPU
Copyright (c) 2025 I Komang Kawi Arta, Muhammad Maghfur Agung, I Gede Arya Wira Sena http://creativecommons.org/licenses/by-sa/4.0
JURIDICAL REVIEW OF INFORMATION TECHNOLOGY CRIME (CYBERCRIME) AND THE APPLICATION OF INDONESIAN CYBERLAW
This research examines information technology crimes (cybercrime) and the implementation of cyberlaw in Indonesia. With the increasing use of internet and digital technology, cyber crimes have become a serious threat requiring effective legal handling. This study employs a qualitative method with a literature study approach to analyze various aspects of cybercrime and cyberlaw implementation. The research aims to provide a comprehensive overview of cybercrime forms in Indonesia, evaluate the effectiveness of existing regulations, and analyze the role of stakeholders in implementing cyberlaw. Through literature studies encompassing academic articles, legal documents, and government reports, this research systematically examines the development and implementation of cyber regulations in Indonesia. The results show that cybercrime takes various forms, including cyberterrorism, cyber-pornography, cyber-harassment, hacking, and carding. The implementation of cyberlaw in Indonesia is regulated through the ITE Law No. 11 of 2008 and PDP Law, involving various stakeholders such as government, law enforcement, private sector, and society. This research concludes that strong cooperation between stakeholders and increased public awareness are necessary to create a secure digital environment Keywords: Cybercrime, Cyberlaw, ITE Law
Copyright (c) 2025 Afifah Nur Rahmawati http://creativecommons.org/licenses/by-sa/4.0
REVIEW OF ISLAMIC CRIMINAL LAW ON THE ABUSE OF KOMIX COUGH MEDICINE (CASE STUDY OF TELUK PAYO VILLAGE)
The abuse of illegal drugs is a serious challenge faced by the Indonesian people, including the abuse of Komix cough medicine containing dextromethorphan. The absence of laws regulating the prohibition of consuming and selling komix cough medicine, as well as the lack of public understanding of the classification of narcotics, leads to the erroneous assumption that only substances such as shabu, marijuana, and ecstasy are included in narcotics, so this phenomenon is interesting to review in Islamic criminal law. This study aims to identify the factors of Komix cough medicine abuse in Teluk Payo Village and review the case from the perspective of Islamic criminal law. This research is an empirical juridical research that manages and analyzes qualitative data obtained from interviews and literature studies, then the data is described in a qualitative descriptive manner so as to obtain conclusions that can be understood by the reader. The results of the study showed that Komix abuse was influenced by internal factors (personality and family) as well as external factors (environment and association). From the perspective of Islamic criminal law, the use of Komix for intoxicating purposes is equated with khamr which is prohibited because it can damage reason and health, so that the perpetrator can be subject to hudud sanctions in the form of dera.
Copyright (c) 2025 Mansyur Saputra Saputra, Yusida Fitriyati, Muhamad Sadi Is http://creativecommons.org/licenses/by-sa/4.0
MECHANISM AND EFFECTIVENESS OF THE INTEGRATED ASSESSMENT TEAM OF THE NATIONAL NARCOTICS AGENCY OF SOUTH SUMATRA PROVINCE IN ASSISTING THE INVESTIGATION OF NARCOTICS CRIMES
The handling of narcotics criminal acts does not solely emphasize a repressive approach, but also requires rehabilitative efforts for addicts and victims of narcotics abuse, as emphasized in Law Number 35 of 2009. The Integrated Assessment Team formed by the South Sumatra Provincial National Narcotics Agency plays an important role in determining the eligibility for rehabilitation of suspects involved in narcotics crimes, as part of the investigation process. This research aims to analyze the form, mechanism, and coordination challenges of the Integrated Assessment Team of the South Sumatra Provincial National Narcotics Agency in the investigation efforts of narcotics crimes in the South Sumatra region, as well as the factors that hinder the team's effectiveness. This type of research uses an empirical legal research method by examining existing legal provisions and comparing them with empirical conditions in the field, using a statute approach and a case approach by studying literature or secondary data, which includes books and legal norms found in laws and regulations, legal principles, legal rules, and legal systematics, as well as reviewing legal provisions and other legal materials. The primary data in this study were obtained through participatory observation and open and in-depth interviews with first-hand sources, such as interviews and documentation at the Musi Banyuasin Police Department and the South Sumatra Provincial National Narcotics Agency. These data were then combined and processed by comparing one data set with another and drawing final conclusions. The research results show that the coordination of the Integrated Assessment Team of the South Sumatra Provincial National Narcotics Agency in the investigation of narcotics crimes in South Sumatra Province has been running in accordance with applicable regulations and plays an important role in efforts to combat narcotics crimes. The Integrated Assessment Team, consisting of a Medical Team and a Legal Team, conducts medical and legal assessments of suspects submitted by investigators in order to classify the suspect's role in the narcotics crime, which determines the direction of the investigation carried out by the investigators. The factors that hinder the effectiveness of the Integrated Assessment Team of the South Sumatra Provincial National Narcotics Agency in the investigation of narcotics crimes in South Sumatra Province include legal factors, infrastructure and facilities, and cultural factors. Keywords: Integrated Assessment Team, National Narcotics Agency Province, Investigation, Narcotics Crime
Copyright (c) 2025 Abdul Rahman Abdul, Cholidi Zainuddin, Abdul Latif Mahfuz http://creativecommons.org/licenses/by-sa/4.0
PENANGGULANGAN KECELAKAAN PENYEBERANGAN KERETA API DI JALAN RUMAH TUMBUH MUARA ENIM DALAM PERSPEKTIF HUKUM PIDANA ISLAM
The frequent occurrence of accidents at railway crossings requires government policy, in this case preventative response, considering that this concerns the lives of other people who must be saved in accordance with the government's duty to protect the entire Indonesian nation and all of Indonesia's bloodshed. Therefore, the researcher considers the need for this research as follows: Handling train crossing accidents on Jalan Rumah Grow Muara Enim from the perspective of Islamic Criminal Law, with two problem formulations, namely, handling train crossing accidents on Jalan Rumah Growing Muara Enim, from an Islamic Criminal Law perspective. towards overcoming train accidents on Jalan Rumah Growing Muara Enim. The research method uses field research. This research was carried out by researching directly at the location to get correct information about what happened at the railroad crossing on Jalan Rumah Grow. The results of this research are that handling accidents at train crossings in Islamic Criminal Law and PT Kereta Api Indonesia both use preventive measures, meaning taking precautions before an accident occurs by instilling discipline (obeying regulations), because regulations are made by the government for problems. People must follow this especially when driving to maintain the safety of their lives. Keywords: Accident Management, Train Crossing, Islamic Criminal Law.
Copyright (c) 2024 Lasmini Lasmini, M Tamudin http://creativecommons.org/licenses/by-sa/4.0
SANKSI PIDANA BAGI PELAKU TERORISME DALAM PERSPEKTIF HUKUM PIDANA ISLAM
Terrorism is an extraordinary crime and sanctions must also be extraordinary because acts of terrorism are politically motivated and the targets of terrorism can be civilian or non-civil, acts of terrorism are aimed at intimidating and influencing government policies, and acts of terrorism are carried out through acts that do not respect international law and ethics. However, in the decision Number: 5/Pid.Sus/2022/PT DKI, the defendant Taufiq Bulaga was only exiled for 19 years. Therefore, the researcher is interested in analyzing the Judge Decision Number: 5/Pid.Sus/2022/PT DKI in the Perspective of Islamic Criminal Law. This research is a library research, which is research conducted by examining library materials in the form of books, books, journals, and other sources. The technique in this study is a literature study, while the data collection is a secondary approach. The research approach used is an empirical normative approach, namely with a library research approach, which is a form of research whose data is obtained from the library. At this stage, the researcher seeks the theoretical basis of the research problem so that what is carried out is not a "trial and error" activity. Based on the results of the research, it was concluded that Decision Number: 5/Pid.Sus/2022/PT DKI according to the Islamic Criminal Law is a sentence of exile for the defendant Taufiq Bulaga, including in the act of hirabah where the defendant received a sentence of 19 years. In Islamic criminal law, participation in or direct commission of this criminal act of terrorism is not justified, because in essence it contains elements of dzoliman against fellow human beings. The defendant's motive for participating in the bombing was an element of revenge from the defendant because his family died during the bombing in Poso. While in Islam this is not justified. Because in Islam it is explained that between fellow humans must love each other and also stay in touch. So that there is a help in a good deed. Keywords: Sanctions, Terrorism, Islamic Criminal Law.
Copyright (c) 2024 Mutiara Finka Safira, Qodariah Barkah, Jumanah http://creativecommons.org/licenses/by-sa/4.0
PENEGAKAN HUKUM TINDAK PIDANA PENGGELAPAN PERSPEKTIF HUKUM POSITIF DAN HUKUM ISLAM
The crime of embezzlement is the act of taking or receiving property belonging to another person without the owner's consent, which not only violates the law but also has a negative impact on the economy and society. This crime is regulated in Articles 372–377 of the Criminal Code (KUHP), which is included in the category of criminal offenses in the Second Book on Crime. Embezzlement is a type of crime that often occurs in various fields and is committed by perpetrators from various levels of society, both from the lower and upper classes. This criminal act generally begins with the trust given to someone, but this trust is betrayed due to weak integrity and honesty. In Islamic law, embezzlement is similar to the concept of ghulul, although the regulations regarding this criminal act are not explicitly mentioned in the Koran and Hadith. This research aims to examine the crime of embezzlement from the perspective of positive law and Islamic law, using normative data as analysis material. The results of this research provide an understanding of the law enforcement mechanisms related to embezzlement from both perspectives. Apart from that, it is hoped that this study can contribute to efforts to prevent embezzlement in society by instilling the value of honesty and strengthening the applicable legal system.
Copyright (c) 2024 Fatima Azzahro, Moh. Imron Rosyadi http://creativecommons.org/licenses/by-sa/4.0
Cybersquatting Actions on Domain Name Trademark Rights as the Internet Web
In this ever-evolving digital era, domain names have become a valuable asset for organizations, trademarks and individuals. A domain name is not only an online address, but also an identity that reflects a brand image and facilitates communication and interaction in the internet world. However, the practice of cybersquatting has become a serious threat to trademark owners and the stability of the internet ecosystem. Currently domain names are regulated in articles 23 and 24 of the ITE Law, but these articles do not explain dispute resolution. Then it is also regulated in the MIG Law. This study uses the dogmatic research method and also uses the case approach method, laws and also a comparison of legal systems. The results of this study are that the holder of the rights to the first registering domain name trademark must have a legal protection regulated in Law Number 20 of 2016 concerning Marks and Geographical Indications. Domain name violations related to brands are the duty of PANDI (Indonesian Domain Name Manager). Furthermore, regarding the dispute that occurred above. The parties can resolve it through 2 channels, namely through litigation and also through non-litigation. Where if the parties choose the non-litigation route, it can be done through PPDN (Domain Name Dispute Settlement) formed by PANDI and can also go through arbitration which according to both parties can resolve this dispute properly
Copyright (c) 2024 Thoriq Jinan Maulidi, Bambang Sugiri, Patricia Audrey Ruslijanto http://creativecommons.org/licenses/by-sa/4.0
KEDUDUKAN ASAS HUKUM DI INDONESIA : DINAMIKA PEMBENTUKAN PERATURAN PERUNDANG-UNDANGAN
Legal principles are the fundamental guidelines in the formation of laws and regulations. This study aims to analyze the position of legal principles in the dynamics of law-making in Indonesia, as well as the impact of the application or neglect of legal principles on the quality and legitimacy of the resulting regulations. The research method used is normative legal research with a descriptive approach, which examines legal principles in law-making based on Law No. 12 of 2011 and related regulations. The research findings indicate that legal principles play a central role at every stage of law-making, from drafting to enactment. The application of legal principles such as legal certainty, justice, and transparency can improve the substance of regulations, strengthen legal legitimacy, and enhance public trust in the legal system. Conversely, neglecting legal principles can diminish the quality of regulations, reduce implementation effectiveness, and lead to public dissatisfaction that may result in social conflicts. This study emphasizes the importance of consistent application of legal principles in law-making to create a fair and responsive legal system.
Legal Principles; Position or Status; Formation of Laws and Regulations
Copyright (c) 2024 Ari Bakti Windi Aji, Khatimul Fitri, Norman http://creativecommons.org/licenses/by-sa/4.0
PANDANGAN HUKUM PIDANA ISLAM DAN HUKUM POSITIF TERHADAP EKSPLOITASI LANSIA PENGEMIS ONLINE
This research aims to analyze the phenomenon that occurred during the Covid-19 pandemic which required people to work to make money without having to interact directly in the real world. This is the basis for the emergence of creative ideas for content creators to use social media to earn money. As happened recently, content creators use elderly people to become actors in a live streaming video on TikTok media. If seen from the content creator's point of view, it is very profitable, because when the video goes viral and can attract the sympathy of the audience, the audience will not hesitate. to give gifts. It's different for the elderly actor who takes extreme measures such as soaking in dirty water and mud for hours just to get sympathy and gifts. The focus of the research is the views of Islamic criminal law and positive law regarding the exploitation of elderly beggars online. This research is library research or what is called normative juridical. The data source used is secondary data. The data collection technique used is document or literature study, then the data is analyzed descriptively qualitatively. The results of the research show that in Islamic criminal law the content creator has committed slavery which ignores the health of the elderly in order to gain profit, so that he can be subject to ta'zir sanctions, namely sanctions given by Ulil Amri or the government. Meanwhile, from a positive legal perspective, perpetrators/content creators of online exploitation of elderly beggars can be sentenced to imprisonment for a minimum of 3 years, a maximum of 15 years. And a fine of at least Rp. 120,000,000.00 (one hundred and twenty million rupiah) and a maximum of Rp. 600,000,000.00 (six hundred million rupiah). Keywords: Exploitation, Elderly, Online Begging, Islamic Criminal Law, Positive Law.
Copyright (c) 2024 Yuli Kasmarani, Muhammad Torik, Rian Saputra http://creativecommons.org/licenses/by-sa/4.0
PENERAPAN ASAS HUKUM PIDANA ISLAM DALAM PENGGUNAAN CASE MANAGEMENT SYSTEM (CMS) MENURUT INSTRUKSI KEJAKSAAN AGUNG NOMOR 3 TAHUN 2020 (Studi Kejaksaan Negeri Banyuasin, Sumatera Selatan)
The case handling process at the Prosecutor's Office utilizes information technology in the form of a case management system application. This is a change to the system which previously used a manual system and moved to using Information Technology. This is stated in Attorney General's Instruction Number 3 of 2020. However, in its implementation it has its own obstacles for implementers. The focus of the research is the mechanism for using the case management system application at the Banyuasin District Prosecutor's Office, and how to apply the principles of Islamic criminal law in using the case management system application at the Banyuasin District Prosecutor's Office. This research is empirical normative research, data sources were obtained through direct interviews with research objects, then processed using qualitative descriptive data analysis techniques. The research results show that the mechanism for using the case management system application at the Banyuasin District Prosecutor's Office is in accordance with the SOP that has been determined in the Regulation of the Attorney General of the Republic of Indonesia Number Per-036/A/JA/09/2011, which consists of the stages of pre-prosecution, prosecution, legal action until execution. The application of the principles of Islamic criminal law in the publication system for the case handling process using the CMS application has largely been carried out well and is in accordance with existing general criminal law, however in practice the implementation process in terms of the principle of expediency and the principle of deliberation has not been implemented well. Keywords: Criminal Justice System, Case Management System, Attorney General's Instructions, Principles of Islamic Criminal Law.
Copyright (c) 2024 Khairunnisa, Atika, Erniwati http://creativecommons.org/licenses/by-sa/4.0
ANALISIS SIFAT MELAWAN HUKUM FORMIL TERHADAP PELAKU TINDAK PIDANA KORUPSI BERDASARKAN PASAL 2 DAN PASAL 3 UNDANG-UNDANG NOMOR 20 TAHUN 2001
Corruption is an urgent problem that must be addressed immediately in order to achieve healthy economic growth. Various records show an increase and development of corruption models that occur. The legal enforcement mechanism for criminal acts of corruption is something that must be paid attention to because it ensures its implementation is correct, fair, there is no arbitrariness and no abuse of power. The focus of discussion in this research is the concept of the nature of being against formal law in criminal acts of corruption in Indonesia, and the existence of the nature of being against formal law in criminal acts of corruption at this time. This research uses a normative juridical approach, namely by analyzing library materials or secondary data consisting of legal texts, court decisions, official documents and other legal literature. This research concludes that the concept of the nature of being against formal law in articles 2 and 3 of Law Number 20 of 2001 concerning criminal acts of corruption in Indonesia is if the act violates social norms, norms of decency or ethics, moral norms and has violated propriety. prudence and necessity adhered to in person-to-person relationships in society. After the Constitutional Court decision Number: 25/PPU-XIV/2016, formal offenses were changed to material offenses. The deletion of the word "can" from the formulation of the two norms of Article 2 paragraph (1) and Article 3 of the PTPK Law, requires that the element of state loss must be proven first to determine someone as a suspect so that it will provide legal certainty in the law enforcement process in the field of criminal acts of corruption in Indonesia. Keywords: Corruption, Unlawful Characteristics, State Financial Losses
Copyright (c) 2024 M DANI FARIZ AMRULLAH D MH http://creativecommons.org/licenses/by-sa/4.0
APLIKASI HUKUM PIDANA ISLAM DALAM PENANGGULANGAN PENYALAHGUNAAN NARKOTIKA YANG DILAKUKAN OLEH ANAK DI DESA MENANGA TENGAH KEC. SEMENDAWAI BARAT KAB. OKU TIMUR
Children are an inseparable part of the survival of humans, nations and countries. Children are a trust of Allah SWT who must always be looked after and protected because in children there is inherent honor, dignity and rights as human beings which must be upheld. Recently, 10% of the 835 children in Central Menanga Village have consumed narcotics. Therefore, this research aims to find out two things: First, how to prevent narcotics abuse by children in Central Menanga Village? and Second, How is Islamic Criminal Law Applied in Combating Narcotics Abuse by Children? This research is field research and the type of data used is qualitative data. The data collection technique uses direct interview techniques with informants who are deemed necessary and related to the problem being studied by means of question and answer. The results of the research concluded that overcoming narcotics abuse by children is to provide sanctions against child perpetrators through juvenile justice/diversion, then the community, parents and religious leaders together to provide understanding to children about the dangers of narcotics and eradicate those who use/distribution narcotics. In Islamic criminal law, narcotics abuse by children is included in the category of judimah, therefore the perpetrator can be punished, as an effort to prevent other children from participating and provide education to children who have committed narcotics abuse. The age limit for children aged 7-14 years can be subject to educational punishment (ta'dib), children aged 15 years and over can be subject to qisas, hudud and ta'zir punishments. Keywords: Children, Narcotics Control, Narcotics, Islamic Criminal Law
Copyright (c) 2024 Munawaroh, Muhammad Rizal, Zuraidah http://creativecommons.org/licenses/by-sa/4.0
PENGGUNAAN LAMPU ROTATOR OLEH SATPOL SATUAN POLISI PAMONG PRAJA DI KOTA JAMBI BERDASARKAN UNDANG-UNDANG NOMOR 22 TAHUN 2009 TENTANG LALU LINTAS DANANGKUTAN JALAN
This journal aims to increase public understanding about the use of rotator lights by the Jambi City Satpol PP. Among them are the provisions for the use of rotator lights by the Satpol PP according to law number 22 of 2009 concerning road traffic and trasportation and the level of effectiveness of the use of rotator lights by the Jambi City Satpol PP. this journal uses a legal sociology approach with data collection methods through observation, interviews and documentation. Based on the research conducted, the following results and conclusions were obtained: 1) the use of rotator lights by Satpol PP is regulated in law number 23 of 2014 concerning government, further provisions regalding Satpol PP are regulated in government regulation numer 16 of 2018 concerning police units. Civil service. Law numer 22 of 2009 concerning road traffic and transportation does not clearly regulate the use of rotator lights by satpol PP but only regulates generally the procedures for traffic. 2) the rotator ligh used by the jambi city Satpol PP is very effective in carrying out tasks when in an urgent situation because this rotator light can be a notification for the public to know that when the rotator ligh is turned on that there is a very critical situasion that needs to proritized. Keywords: effectiveness, rotator lights, civil service police unit
Copyright (c) 2024 Burhanuddin Burhanuddin, Relita Putri Ayu http://creativecommons.org/licenses/by-sa/4.0
URGENSI PENAMBAHAN MASA JABATAN PIMPINAN KOMISI PEMBERANTASAN KORUPSI PRESPEKTIF HUKUM TATA NEGARA
This research aims to find out what is behind the increase in the term of office of the leadership of the Corruption Eradication Commission in Indonesia. Also, the urgency of increasing the KPK's term of office is viewed from the perspective of constitutional law. This research is normative legal research that uses a case approach with data collection methods through literature study. Based on the research, the results and conclusions obtained are related to the Constitutional Court decision Number 112/PUU-XX/2022 regarding the term of office of the KPK leadership proposed by Nurul Ghufron as deputy chairman of the KPK for the 2019-2023 period. The reason for the request is related to the applicant's age when he was appointed, 45 years old, and when his position ended, he was 49 years old. So he cannot nominate himself as KPK leader for the next period as stated in Article 29 letter (e) of Law Number 19 of 2019. Also, the term of office for KPK leaders is 4 years for re-election for one period in Article 34 of Law No. 30 of 2002 is considered discriminatory regarding the terms of office of heads of other independent state institutions. The applicant feels that his constitutional rights have been violated due to injustice, discrimination and legal uncertainty. This decision is considered not urgent and is not in accordance with the concept of constitutional theory, justice and legal certainty. The age restriction setting is an open legal policy. And increasing the term of office of the KPK is not urgent considering the performance and achievements of the current KPK leadership. Keywords: Urgency of Term of Office, Corruption Eradication Commission, Constitutional Law
Urgensi Masa Jabatan; Komisi Pemberantas Korupsi.
Copyright (c) 2024 Eza Yandy http://creativecommons.org/licenses/by-sa/4.0
ANALISIS NORMATIF PERLINDUNGAN HUKUM TERHADAP ANAK SEBAGAI KORBAN KEJAHATAN PEDOFILIA
This research aims to find out briefly and simply about legal protection for children as victims of pedophilia crimes. The research method used in this research is: normative legal research. which essentially means that there has been a gap between das sollen and das sein at the level of norms or legal rules that apply in society. so that the law we aspire to cannot function as it should. From this research we can conclude that. Very firm and harsh action is needed in imposing criminal sanctions on perpetrators of pedophilia crimes because they have damaged and taken away the future of the nation's generation. The criminal sanctions can have a deterrent effect and provide healing and treatment for the mental and sexual sexuality of the perpetrator. Keywords: Children, Crime Victims, Pedophelia.
Copyright (c) 2024 Widhy Andrian Pratama http://creativecommons.org/licenses/by-sa/4.0
TINJAUAN HUKUM PIDANA ISLAM TERHADAP SANKSI TINDAK PIDANA PEMERKOSAAN PADA ANAK DI BAWAH UMUR (Studi Putusan Nomor 3/Pid.Sus-Anak/2019/PN Msh)
The crime of rape is often experienced by children who are relatively young (underage). In children, the innocent nature of a child who is unable to predict behavioral tendencies will make it easier for rape crimes to occur. Children who are still very economically and socially dependent on adults are often used as an outlet for their desires. The focus of the study in this thesis is: 1. What is the basis for the judge's considerations in deciding sanctions for the crime of rape of minors (Decision Study Number 3/Pid.Sus-Anak/2019/PN Msh). 2. What is the review of Islamic criminal law regarding sanctions for the crime of rape of minors (Decision Study Number 3/Pid.Sus-Anak/2019/PN Msh). This research uses a normative juridical approach. The data source for this research is primary data consisting of primary legal materials, secondary legal materials and tertiary legal materials. The data collection technique was carried out by means of library research. The results of this research conclude that the Judge's Basic Considerations Number 3/Pid.Sus-Anak/2019/Pn/Msh in cases of rape of minors took into account juridical and sociological considerations by sentencing the defendant to imprisonment for 3 (three) years and 6 (six) months at the Special Child Development Institute (LPKA), and Job Training for 1 (one) month, and a review of Islamic criminal law regarding decision Number 3/Pid.sus-Anak/2019/Pn/Msh is hudud law, where the punishment is included in the Jarimah of adultery, the punishment is being whipped 100 times and exiled for a year. Keywords: Child Rape, Criminal Sanctions, Adultery.
Copyright (c) 2023 Ta'zir: Jurnal Hukum Pidana
PENGATURAN PEMBEBASAN BERSYARAT BAGI PELAKU TINDAK PIDANA KORUPSI DI INDONESIA DALAM UNDANG-UNDANG NO 22 TAHUN 2022 TENTANG PEMASYARAKATAN MENURUT PERSPEKTIF HUKUM PIDANA ISLAM
ABSTRACT Conditional release arrangements for perpetrators of corruption in Indonesia are in Law No. 22 of 2022 concerning Corrections, from the perspective of Islamic criminal law. The criminal act of corruption in Indonesia is an extraordinary crime, which must also be dealt with in an extraordinary manner. However, the existence of this law provides legal relief in the form of parole without exception for all criminal acts. So that there were pros and cons among the people when this law was enacted. In this paper, two formulations of the problem will be discussed, namely: First, how to regulate parole for perpetrators of corruption in Indonesia in Law No. 22 of 2022 concerning Corrections. Second, what is the perspective of Islamic criminal law regarding the conditions for parole for perpetrators of corruption in Indonesia. The method used in this research is library research. This research is a collection of data, information, or information obtained from the results of data collection. In the form of library data such as books, articles, notes, journals, laws and so on. Then, it is analyzed so that conclusions are drawn from the results of the study. Conditional release for perpetrators of corruption in Law No. 22 of 2022 concerning Corrections. It has been set and implemented according to the applicable regulations. However, the criminal act of corruption must be prosecuted as an extraordinary crime, because from the side of justice it is contrary to legal justice, legal certainty, and the usefulness of law. Sanctions for perpetrators of corruption are a typical form of crime whose scope can range from the simple to the heaviest levels and have massive consequences, so takzir laws can be applied such as putting corruptors on the list of disgraceful persons, dismissing them from their positions, alienating them from the public, confiscating assets twice as much. from the proceeds of corruption crimes, even the death penalty according to the level of corruption crimes committed and the negative consequences that arise. takzir concept related to parole in Islamic law. Takzir punishment is an educational punishment for sinful acts (immorality) whose punishment has not been determined by syara'. The simple meaning of the takzir punishment is a punishment that has not been determined by syara' but is left to the government both for its determination and its implementation. Keywords: Islamic Criminal Law, Waste, Enforcement, Environmental Pollution, Crime.
REFORMASI KEBIJAKAN HUKUM PIDANA TERHADAP PELAKU PEDOFILIA DALAM PERSPEKTIF SIYĀSAH TASYRI’IYYAH
Cases of sexual violence against children are a serious problem that can have lasting effects, both physically and psychologically. To minimize and prevent this, the government has made changes in determining penalties for perpetrators of sexual violence against children (pedophilia) to deter and fear them. This research is a library study regarding changes in criminal law policy for pedophilia perpetrators from a siyāsah tasyri'iyyah perspective using a juridical-normative method and primary and secondary sources that are descriptive-analytic in nature and analyzed using a juridical-normative approach based on state theory. law, criminal law policy, and siyāsah tasyri'iyyah. The results of the research can be concluded that the changes in criminal law that occurred in Indonesia were adapted to the social conditions of society, namely in the view of siyāsah tasyri'iyyah, in making changes to criminal law policy pedophiles have realized the values ​​of the Qur'an and Sunnah. This policy change is also a form of government responsibility in protecting human rights. Keywords: Pedophilia, Criminal Law Policy, Siyāsah Tasyri'iyyah.
PENEGAKAN HUKUM TERHADAP TINDAK PIDANA PENCEMARAN LINGKUNGAN HIDUP (DI DESA PUSAR KECAMATAN BATURAJA BARAT KABUPATEN OGAN KOMERING ULU)
ABSTRACT The background of this research is that cement mining activities by PT Semen Baturaja aim to meet the national demand for cement, especially in the South Sumatra region. This activity is actually in the context of fulfilling the State's duties in the welfare of the people, however this mining activity has an impact on the environment and the community around PT Semen Baturaja. Among the negative impacts are the reduced water reserves, the amount of dust caused by mining activities around Navel Village. This background inspired the writer to conduct research with the title "Law Enforcement Against Criminal Acts of Environmental Pollution (In Pusar Village, West Baturaja District, Ogan Komering Ulu District). The formulation of the problem in this research is 1. How is Law Enforcement Against Environmental Pollution Crimes (in Pusar Village, Baturaja Barat District, Ogan Komering Ulu Regency) 2. What is the perspective of Islamic Criminal Law in Enforcement of Environmental Pollution (in Pusar Village, Baturaja Barat District, Ogan Regency Komering Ulu). The method used in this research is normative-empirical with a qualitative approach. Observation data collection techniques, interviews, and literature study. The data analysis technique in this study uses a qualitative descriptive method with an inductive mindset that is arranged systematically, so that it becomes concrete data regarding the criminal act of environmental pollution by PT Semen Baturaja. The data source for this research is primary data, namely information derived from interviews and direct observation of research locations, while secondary data is data obtained from documentation or literature to complement primary data. Based on the results of this study, the authors conclude that law enforcement against criminal acts of environmental pollution (in Pusar Village, Baturaja Barat District, Ogan Komering Ulu Regency, is not running as it should, only subject to administrative sanctions, due to difficulty linking the perpetrators with little evidence and lack of concern the community towards the surrounding environment, while responsibility in the form of (CSR) is not optimally given Islamic Criminal Law Perspectives on criminal acts of environmental pollution in Pusar Village, Baturaja Barat District, Ogan Komering Ulu Regency, are given sanctions in the form of ta'zir where the punishment and levels are returned to judges whose purpose is to educate and provide a deterrent effect on perpetrators who pollute the environment. Keywords: law enforcement, crime, environmental pollution