Ta'zir: Jurnal Hukum Pidana
type: channel
description: 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.
publisher: Universitas Islam Negeri Raden Fatah Palembang
language: en
publication name: Ta'zir: Jurnal Hukum Pidana
issn: 2615-1065
copyright: Syarat yang harus dipenuhi oleh Penulis sebagai berikut: Penulis menyimpan hak cipta dan memberikan jurnal hak penerbitan pertama naskah secara simultan dengan lisensi di bawah Creative Commons Attribution License yang mengizinkan orang lain untuk berbagi pekerjaan dengan sebuah pernyataan kepenulisan pekerjaan dan penerbitan awal di jurnal ini. Penulis bisa memasukkan ke dalam penyusunan kontraktual tambahan terpisah untuk distribusi non ekslusif versi kaya terbitan jurnal (contoh: mempostingnya ke repositori institusional atau menerbitkannya dalam sebuah buku), dengan pengakuan penerbitan awalnya di jurnal ini. Penulis diizinkan dan didorong untuk mem-posting karya mereka online (contoh: di repositori institusional atau di website mereka) sebelum dan selama proses penyerahan, karena dapat mengarahkan ke pertukaran produktif, seperti halnya sitiran yang lebih awal dan lebih hebat dari karya yang diterbitkan. (Lihat Efek Akses Terbuka).
items: CHALLENGES TO THE DEATH PENALTY FOR PERPETRATORS OF CORRUPTION IN INDONESIA
items: REFORMULATION OF CORPORATE CRIMINAL LIABILITY AFTER THE NEW CRIMINAL CODE
items: THE URGENCY OF COUNSELING AS AN ADDITIONAL CRIMINAL SANCTION TO PREVENT DIVORCE IN THE PERSPECTIVE OF ISLAMIC FAMILY LAW
items: IMPLICATIONS OF CRIMINAL LAW IN LAW ENFORCEMENT AGAINST ONLINE GAMBLING PERPETRATORS IN INDONESIA
items: JURIDICAL REVIEW OF INFORMATION TECHNOLOGY CRIME (CYBERCRIME) AND THE APPLICATION OF INDONESIAN CYBERLAW
items: MECHANISM AND EFFECTIVENESS OF THE INTEGRATED ASSESSMENT TEAM OF THE NATIONAL NARCOTICS AGENCY OF SOUTH SUMATRA PROVINCE IN ASSISTING THE INVESTIGATION OF NARCOTICS CRIMES
items: PENANGGULANGAN KECELAKAAN PENYEBERANGAN KERETA API DI JALAN RUMAH TUMBUH MUARA ENIM DALAM PERSPEKTIF HUKUM PIDANA ISLAM
items: SANKSI PIDANA BAGI PELAKU TERORISME DALAM PERSPEKTIF HUKUM PIDANA ISLAM
items: PENEGAKAN HUKUM TINDAK PIDANA PENGGELAPAN PERSPEKTIF HUKUM POSITIF DAN HUKUM ISLAM
items: Cybersquatting Actions on Domain Name Trademark Rights as the Internet Web
items: KEDUDUKAN ASAS HUKUM DI INDONESIA : DINAMIKA PEMBENTUKAN PERATURAN PERUNDANG-UNDANGAN
items: PANDANGAN HUKUM PIDANA ISLAM DAN HUKUM POSITIF TERHADAP EKSPLOITASI LANSIA PENGEMIS ONLINE
items: 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)
items: ANALISIS SIFAT MELAWAN HUKUM FORMIL TERHADAP PELAKU TINDAK PIDANA KORUPSI BERDASARKAN PASAL 2 DAN PASAL 3 UNDANG-UNDANG NOMOR 20 TAHUN 2001
items: APLIKASI HUKUM PIDANA ISLAM DALAM PENANGGULANGAN PENYALAHGUNAAN NARKOTIKA YANG DILAKUKAN OLEH ANAK DI DESA MENANGA TENGAH KEC. SEMENDAWAI BARAT KAB. OKU TIMUR
items: PENGGUNAAN LAMPU ROTATOR OLEH SATPOL SATUAN POLISI PAMONG PRAJA DI KOTA JAMBI BERDASARKAN UNDANG-UNDANG NOMOR 22 TAHUN 2009 TENTANG LALU LINTAS DANANGKUTAN JALAN
items: URGENSI PENAMBAHAN MASA JABATAN PIMPINAN KOMISI PEMBERANTASAN KORUPSI PRESPEKTIF HUKUM TATA NEGARA
items: ANALISIS NORMATIF PERLINDUNGAN HUKUM TERHADAP ANAK SEBAGAI KORBAN KEJAHATAN PEDOFILIA
items: TINJAUAN HUKUM PIDANA ISLAM TERHADAP SANKSI TINDAK PIDANA PEMERKOSAAN PADA ANAK DI BAWAH UMUR (Studi Putusan Nomor 3/Pid.Sus-Anak/2019/PN Msh)
items: PENEGAKAN HUKUM TERHADAP TINDAK PIDANA PENCEMARAN LINGKUNGAN HIDUP (DI DESA PUSAR KECAMATAN BATURAJA BARAT KABUPATEN OGAN KOMERING ULU)
items: OPTIMALISASI OPERASI RAZIA MESUM DI KOST-KOSTAN OLEH SATUAN POLISI PAMONG PRAJA KOTA PALEMBANG DALAM PERSPEKTIF HUKUM PIDANA ISLAM
items: REFORMASI KEBIJAKAN HUKUM PIDANA TERHADAP PELAKU PEDOFILIA DALAM PERSPEKTIF SIYĀSAH TASYRI’IYYAH
items: PENGATURAN PEMBEBASAN BERSYARAT BAGI PELAKU TINDAK PIDANA KORUPSI DI INDONESIA DALAM UNDANG-UNDANG NO 22 TAHUN 2022 TENTANG PEMASYARAKATAN MENURUT PERSPEKTIF HUKUM PIDANA ISLAM
items: PENERAPAN ASAS DIVERSI DALAM SISTEM PERADILAN PIDANA ANAK TERHADAP ANAK-ANAK YANG MELAKUKAN TINDAK PIDANA PENCURIAN
items: RESTORATIF JUSTICE PADA KASUS KEKERASAN DALAM RUMAH TANGGA MENURUT PERSPEKTIF HUKUM PIDANA ISLAM
items: PERAN KEPOLISIAN DALAM MENANGGULANGI TINDAK PIDANA PENGANIAYAAN DITINJAU DARI HUKUM PIDANA ISLAM (STUDI KASUS DI KEPOLISIAN SEKTOR PEMULUTAN KABUPATEN OGAN ILIR)
items: CRIMINALIZATION OF POLYGAMY
items: PRAKTEK PENEGAKAN HUKUM OLEH POLDA SUMSEL DALAM MENANGANI KASUS PENCURIAN DENGAN KEKERASAAN
items: PENYEBARAN SPOILER DI MEDIA TIKTOK TERHADAP FILM SPIDERMAN: NO WAY HOME PERSPEKTIF HUKUM PIDANA ISLAM
items: TINJAUAN HUKUM PIDANA ISLAM TERHADAP PELAKU PENYERTAAN TINDAKPIDANA ABORSI DALAM PUTUSAN NOMOR PERKARA 1106/PID.SUS/2018/PN.PLG

CHALLENGES TO THE DEATH PENALTY FOR PERPETRATORS OF CORRUPTION IN INDONESIA
type: item
description: 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.
subject: Artikel
  topic: section
subject: human rights
  topic: keywords
subject: death penalty
  topic: keywords
subject: corruption
  topic: keywords
subject: crime
  topic: keywords
creator: Husin Rianda
creator: Fani Fani
rights: Copyright (c) 2025 Husin Rianda, Khairul Fani http://creativecommons.org/licenses/by-sa/4.0
date: 2025-06-23
publication date: 2025-06-23
starting page: 51
ending page: 61
doi: 10.19109/tazir.v9i1.28579

REFORMULATION OF CORPORATE CRIMINAL LIABILITY AFTER THE NEW CRIMINAL CODE
type: item
description: 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
subject: Artikel
  topic: section
subject: Criminal Liability
  topic: keywords
subject: Corporate Crime
  topic: keywords
subject: New Criminal Code
  topic: keywords
creator: Abi Kusuma Friestiawan Ahmad
rights: Copyright (c) 2025 Abi Kusuma Friestiawan Ahmad http://creativecommons.org/licenses/by-sa/4.0
date: 2025-06-23
publication date: 2025-06-23
starting page: 62
ending page: 71
doi: 10.19109/tazir.v9i1.28294

THE URGENCY OF COUNSELING AS AN ADDITIONAL CRIMINAL SANCTION TO PREVENT DIVORCE IN THE PERSPECTIVE OF ISLAMIC FAMILY LAW
type: item
description: 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…
subject: Artikel
  topic: section
subject: Domestic Violence
  topic: keywords
subject: Counseling
  topic: keywords
subject: Islamic Family Law
  topic: keywords
creator: Armasito Armasito
creator: Yuli Kasmarani
rights: Copyright (c) 2025 Armasito Armasito, Yuli Kasmarani http://creativecommons.org/licenses/by-sa/4.0
date: 2025-06-23
publication date: 2025-06-23
starting page: 31
ending page: 40
doi: 10.19109/tazir.v9i1.28267

IMPLICATIONS OF CRIMINAL LAW IN LAW ENFORCEMENT AGAINST ONLINE GAMBLING PERPETRATORS IN INDONESIA
type: item
description: 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
subject: Artikel
  topic: section
subject: Online Gambling
  topic: keywords
subject: Criminal Code
  topic: keywords
subject: ITE LAW
  topic: keywords
subject: TPPU
  topic: keywords
creator: I Komang Kawi Arta
creator: Muhammad Maghfur Agung
creator: Wira Sena Wira Sena
rights: Copyright (c) 2025 I Komang Kawi Arta, Muhammad Maghfur Agung, I Gede Arya Wira Sena http://creativecommons.org/licenses/by-sa/4.0
date: 2025-06-23
publication date: 2025-06-23
starting page: 41
ending page: 50
doi: 10.19109/tazir.v9i1.28026

JURIDICAL REVIEW OF INFORMATION TECHNOLOGY CRIME (CYBERCRIME) AND THE APPLICATION OF INDONESIAN CYBERLAW
type: item
description: 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
subject: Artikel
  topic: section
subject: Cybercrime
  topic: keywords
subject: Cyberlaw
  topic: keywords
subject: ITE Law
  topic: keywords
creator: Afifah Nur Rahmawati
rights: Copyright (c) 2025 Afifah Nur Rahmawati http://creativecommons.org/licenses/by-sa/4.0
date: 2025-06-23
publication date: 2025-06-23
starting page: 21
ending page: 30
doi: 10.19109/tazir.v9i1.27963

MECHANISM AND EFFECTIVENESS OF THE INTEGRATED ASSESSMENT TEAM OF THE NATIONAL NARCOTICS AGENCY OF SOUTH SUMATRA PROVINCE IN ASSISTING THE INVESTIGATION OF NARCOTICS CRIMES
type: item
description: 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 Lega…
subject: Artikel
  topic: section
subject: Integrated Assessment Team
  topic: keywords
subject: National Narcotics Agency Province
  topic: keywords
subject: Investigation
  topic: keywords
subject: Narcotics Crime
  topic: keywords
creator: Abdul Rahman Abdul
creator: Cholidi Zainuddin
creator: Abdul Latif Mahfuz
rights: Copyright (c) 2025 Abdul Rahman Abdul, Cholidi Zainuddin, Abdul Latif Mahfuz http://creativecommons.org/licenses/by-sa/4.0
date: 2025-06-23
publication date: 2025-06-23
starting page: 1
ending page: 20
doi: 10.19109/tazir.v9i1.27769

PENANGGULANGAN KECELAKAAN PENYEBERANGAN KERETA API DI JALAN RUMAH TUMBUH MUARA ENIM DALAM PERSPEKTIF HUKUM PIDANA ISLAM
type: item
description: 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.
subject: Artikel
  topic: section
subject: Accident Management
  topic: keywords
subject: Train Crossing
  topic: keywords
subject: Islamic Criminal Law
  topic: keywords
creator: Lasmini Lasmini
creator: M Tamudin
rights: Copyright (c) 2024 Lasmini Lasmini, M Tamudin http://creativecommons.org/licenses/by-sa/4.0
date: 2024-12-30
publication date: 2024-12-30
starting page: 148
ending page: 164
doi: 10.19109/tazir.v8i2.26777

SANKSI PIDANA BAGI PELAKU TERORISME DALAM PERSPEKTIF HUKUM PIDANA ISLAM
type: item
description: 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 …
subject: Artikel
  topic: section
subject: sanction
  topic: keywords
subject: Terrorism
  topic: keywords
subject: Islamic Criminal Law
  topic: keywords
creator: Mutiara Finka Safira
creator: Qodariah Barkah
creator: Jumanah Jumanah
rights: Copyright (c) 2024 Mutiara Finka Safira, Qodariah Barkah, Jumanah http://creativecommons.org/licenses/by-sa/4.0
date: 2024-12-30
publication date: 2024-12-30
starting page: 136
ending page: 147
doi: 10.19109/tazir.v8i2.25729

PENEGAKAN HUKUM TINDAK PIDANA PENGGELAPAN PERSPEKTIF HUKUM POSITIF DAN HUKUM ISLAM
type: item
description: 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.
subject: Artikel
  topic: section
subject: Law Enforcement
  topic: keywords
subject: Positive Law
  topic: keywords
subject: Islamic Law
  topic: keywords
creator: Fatima Azzahro
creator: Moh. Imron Rosyadi
rights: Copyright (c) 2024 Fatima Azzahro, Moh. Imron Rosyadi http://creativecommons.org/licenses/by-sa/4.0
date: 2024-12-30
publication date: 2024-12-30
starting page: 125
ending page: 135
doi: 10.19109/tazir.v8i2.25820

Cybersquatting Actions on Domain Name Trademark Rights as the Internet Web
type: item
description: 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
subject: Artikel
  topic: section
subject: Cybersquatting
  topic: keywords
subject: Brands
  topic: keywords
subject: Domain Name
  topic: keywords
creator: Thoriq Jinan Maulidi
creator: Bambang Sugiri
creator: Patricia Audrey Ruslijanto
rights: Copyright (c) 2024 Thoriq Jinan Maulidi, Bambang Sugiri, Patricia Audrey Ruslijanto http://creativecommons.org/licenses/by-sa/4.0
date: 2024-12-30
publication date: 2024-12-30
starting page: 111
ending page: 124
doi: 10.19109/tazir.v8i2.25573

KEDUDUKAN ASAS HUKUM DI INDONESIA : DINAMIKA PEMBENTUKAN PERATURAN PERUNDANG-UNDANGAN
type: item
description: 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.
subject: Artikel
  topic: section
subject: Legal Principles; Position or Status; Formation of Laws and Regulations
  topic: keywords
creator: Ari
creator: Khatimul Fitri
creator: Norman
rights: Copyright (c) 2024 Ari Bakti Windi Aji, Khatimul Fitri, Norman http://creativecommons.org/licenses/by-sa/4.0
date: 2024-12-30
publication date: 2024-12-30
starting page: 96
ending page: 110
doi: 10.19109/tazir.v8i2.25471

PANDANGAN HUKUM PIDANA ISLAM DAN HUKUM POSITIF TERHADAP EKSPLOITASI LANSIA PENGEMIS ONLINE
type: item
description: 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.
subject: Artikel
  topic: section
subject: Exploitation
  topic: keywords
subject: Elderly
  topic: keywords
subject: Online Begging
  topic: keywords
subject: Islamic Criminal Law
  topic: keywords
subject: Positive Law
  topic: keywords
creator: Yuli Kasmarani
creator: Muhammad Torik
creator: Rian Saputra
rights: Copyright (c) 2024 Yuli Kasmarani, Muhammad Torik, Rian Saputra http://creativecommons.org/licenses/by-sa/4.0
date: 2023-06-19
publication date: 2023-06-19
starting page: 80
ending page: 91
doi: 10.19109/tazir.v7i1.24081

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)
type: item
description: 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.
subject: Artikel
  topic: section
subject: Criminal Justice System
  topic: keywords
subject: Case Management System
  topic: keywords
subject: Attorney General's Instructions
  topic: keywords
subject: Principles of Islamic Criminal Law
  topic: keywords
creator: Khairunnisa Khairunnisa
creator: Atika Atika
creator: Erniwati Erniwati
rights: Copyright (c) 2024 Khairunnisa, Atika, Erniwati http://creativecommons.org/licenses/by-sa/4.0
date: 2024-07-12
publication date: 2024-07-12
starting page: 69
ending page: 81
doi: 10.19109/tazir.v8i1.23549

ANALISIS SIFAT MELAWAN HUKUM FORMIL TERHADAP PELAKU TINDAK PIDANA KORUPSI BERDASARKAN PASAL 2 DAN PASAL 3 UNDANG-UNDANG NOMOR 20 TAHUN 2001
type: item
description: 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
subject: Artikel
  topic: section
subject: corruption
  topic: keywords
creator: M Dani Fariz Amrullah D
creator: Yuli Kasmarani
creator: Dora Mustika
rights: Copyright (c) 2024 M DANI FARIZ AMRULLAH D MH http://creativecommons.org/licenses/by-sa/4.0
date: 2024-07-12
publication date: 2024-07-12
starting page: 57
ending page: 68
doi: 10.19109/tazir.v8i1.22909

APLIKASI HUKUM PIDANA ISLAM DALAM PENANGGULANGAN PENYALAHGUNAAN NARKOTIKA YANG DILAKUKAN OLEH ANAK DI DESA MENANGA TENGAH KEC. SEMENDAWAI BARAT KAB. OKU TIMUR
type: item
description: 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
subject: Artikel
  topic: section
subject: Children
  topic: keywords
subject: Narcotics Abuse
  topic: keywords
subject: Narcotics Control
  topic: keywords
creator: Munawaroh Munawaroh
creator: Muhammad Rizal
creator: Zuraidah Zuraidah
rights: Copyright (c) 2024 Munawaroh, Muhammad Rizal, Zuraidah http://creativecommons.org/licenses/by-sa/4.0
date: 2024-07-12
publication date: 2024-07-12
starting page: 1
ending page: 16
doi: 10.19109/tazir.v8i1.22705

PENGGUNAAN LAMPU ROTATOR OLEH SATPOL SATUAN POLISI PAMONG PRAJA DI KOTA JAMBI BERDASARKAN UNDANG-UNDANG NOMOR 22 TAHUN 2009 TENTANG LALU LINTAS DANANGKUTAN JALAN
type: item
description: 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
subject: Artikel
  topic: section
subject: Effectiveness
  topic: keywords
subject: Rotator Lamp
  topic: keywords
subject: Satuan Polisi Pamong Praja
  topic: keywords
creator: Relita Putri Ayu
creator: Sayuti Sayuti
creator: Burhanuddin Burhanuddin
rights: Copyright (c) 2024 Burhanuddin Burhanuddin, Relita Putri Ayu http://creativecommons.org/licenses/by-sa/4.0
date: 2024-07-12
publication date: 2024-07-12
starting page: 47
ending page: 56
doi: 10.19109/tazir.v8i1.22823

URGENSI PENAMBAHAN MASA JABATAN PIMPINAN KOMISI PEMBERANTASAN KORUPSI PRESPEKTIF HUKUM TATA NEGARA
type: item
description: 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
subject: Artikel
  topic: section
subject: Urgensi Masa Jabatan; Komisi Pemberantas Korupsi.
  topic: keywords
creator: Risma Juliana
creator: Abdul Razak
creator: Eza Tri Yandy
rights: Copyright (c) 2024 Eza Yandy http://creativecommons.org/licenses/by-sa/4.0
date: 2024-07-12
publication date: 2024-07-12
starting page: 29
ending page: 46
doi: 10.19109/tazir.v8i1.22291

ANALISIS NORMATIF PERLINDUNGAN HUKUM TERHADAP ANAK SEBAGAI KORBAN KEJAHATAN PEDOFILIA
type: item
description: 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.
subject: Artikel
  topic: section
subject: Children, Crime Victims, Pedophelia.
  topic: keywords
creator: Widhy Andrian Pratama
rights: Copyright (c) 2024 Widhy Andrian Pratama http://creativecommons.org/licenses/by-sa/4.0
date: 2024-07-12
publication date: 2024-07-12
starting page: 17
ending page: 28
doi: 10.19109/tazir.v8i1.22072

TINJAUAN HUKUM PIDANA ISLAM TERHADAP SANKSI TINDAK PIDANA PEMERKOSAAN PADA ANAK DI BAWAH UMUR (Studi Putusan Nomor 3/Pid.Sus-Anak/2019/PN Msh)
type: item
description: 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.
subject: Artikel
  topic: section
creator: Sarika Sarika
creator: Erniwati Erniwati
rights: Copyright (c) 2023 Ta'zir: Jurnal Hukum Pidana
date: 2023-12-25
publication date: 2023-12-25
starting page: 157
ending page: 175
doi: 10.19109/tazir.v7i2.20802

PENEGAKAN HUKUM TERHADAP TINDAK PIDANA PENCEMARAN LINGKUNGAN HIDUP (DI DESA PUSAR KECAMATAN BATURAJA BARAT KABUPATEN OGAN KOMERING ULU)
type: item
description: 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 …
subject: Artikel
  topic: section
creator: Olivia Sianura
creator: M Tamudin
rights: Copyright (c) 2023 Ta'zir: Jurnal Hukum Pidana
date: 2023-12-25
publication date: 2023-12-25
starting page: 141
ending page: 156
doi: 10.19109/tazir.v7i2.20464

OPTIMALISASI OPERASI RAZIA MESUM DI KOST-KOSTAN OLEH SATUAN POLISI PAMONG PRAJA KOTA PALEMBANG DALAM PERSPEKTIF HUKUM PIDANA ISLAM
type: item
description: ABSTRACT Acts or criminal acts that have recently occurred both among the general public and adolescents in the lecture environment and must be accounted for in accordance with the principle of legality, namely one of the immoral crimes. There are various kinds of immoral crimes, one of which is immoral acts in boarding houses and lodging. This is not an open secret among the public, but there are many teenagers who do it. Obscene acts committed by a pair of humans outside of a legal marriage relationship, it can be said to be adultery. The research method used is the field type method, namely Empirical Jurisdiction by using data collection techniques through field research (Field Research). The results of the research revealed that violators could be subject to punishment based on article 9 of Palembang City Regional Regulation number 2 of 2004 concerning the eradication of prostitution. According to Islamic Criminal Law, the punishment for violators of obscene acts is jarimah fornication. Adultery is divided into two, namely adultery muhsan, given the punishment of stoning and stoned to death, while fornication ghairu muhsan, given a hundred lashes and exiled to a place far from the population. Keywords: Optimization, Civil Service Police Unit, Nasty Raids Operation.
subject: Artikel
  topic: section
creator: Putri Ardiana
creator: Atika Atika
rights: Copyright (c) 2023 Ta'zir: Jurnal Hukum Pidana
starting page: 128
ending page: 140
doi: 10.19109/tazir.v7i2.20463

REFORMASI KEBIJAKAN HUKUM PIDANA TERHADAP PELAKU PEDOFILIA DALAM PERSPEKTIF SIYĀSAH TASYRI’IYYAH
type: item
description: 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.
subject: Artikel
  topic: section
creator: Imam Hafas
creator: Yuli Kasmarani
rights: Copyright (c) 2023 Ta'zir: Jurnal Hukum Pidana
date: 2023-12-25
publication date: 2023-12-25
starting page: 95
ending page: 110
doi: 10.19109/tazir.v7i2.20544

PENGATURAN PEMBEBASAN BERSYARAT BAGI PELAKU TINDAK PIDANA KORUPSI DI INDONESIA DALAM UNDANG-UNDANG NO 22 TAHUN 2022 TENTANG PEMASYARAKATAN MENURUT PERSPEKTIF HUKUM PIDANA ISLAM
type: item
description: 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 …
subject: Artikel
  topic: section
creator: Yunita Yunita
creator: Rina Antasari
creator: Armasito Armasito
rights: Copyright (c) 2023 Ta'zir: Jurnal Hukum Pidana
date: 2023-12-25
publication date: 2023-12-25
starting page: 111
ending page: 127
doi: 10.19109/tazir.v7i2.20459

PENERAPAN ASAS DIVERSI DALAM SISTEM PERADILAN PIDANA ANAK TERHADAP ANAK-ANAK YANG MELAKUKAN TINDAK PIDANA PENCURIAN
type: item
description: ABSTRACT Handling children in conflict with the law is often equated with handling criminal acts committed by adults in general. In order to tackle juvenile delinquency (delinquency), legally in Indonesia it has been regulated in various kinds of laws and regulations. One of them is Law Number 3 of 1997 concerning the Juvenile Justice System, the presence of this law is considered to be more likely to use formal jurisprudence by emphasizing retributive punishment. The paradigm of arrest, detention and imprisonment of children has the potential to limit freedom and deprive children of their independence. However, over time criminal cases committed by children in conflict with the law can be resolved using a new mechanism, namely the Diversion system adopted from The Beijing Rules which uses a restorative justice approach. So in this article the author will examine further how to apply the concept of diversion in the juvenile criminal justice system in Indonesia, especially in dealing with the crime of theft where the perpetrators are children. This type of research is of a normative juridical nature to examine laws and regulations in the Juvenile Criminal Justice System, especially the application of the principle of diversion. The type of data used is qualitative data and the data sources used are secondary data using an approach to legal material sources, namely: primary, secondary and tertiary. The results of the research concluded that the application of the diversion principle in the juvenile criminal justice system, especially the resolution of criminal acts of theft committed by children, is carried out with an agreement between the parties involved and expressed in the form of a decision. Prior to this determination, diversion had first been attempted. With this diversion, efforts are made for mediation that will lead to a peace (accord) or settlement between the perpetrator and the victim in accordance with the losses incurred, this is considering that the f…
subject: Artikel
  topic: section
creator: antoni antoni
rights: Copyright (c) 2023 Ta'zir: Jurnal Hukum Pidana
date: 2023-12-25
publication date: 2023-12-25
starting page: 80
ending page: 94
doi: 10.19109/tazir.v7i2.20082

RESTORATIF JUSTICE PADA KASUS KEKERASAN DALAM RUMAH TANGGA MENURUT PERSPEKTIF HUKUM PIDANA ISLAM
type: item
description: 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…
subject: Artikel
  topic: section
creator: Ahmad Syairafi Al Ayyubi
creator: erniwati erniwati
rights: Copyright (c) 2023 Ta'zir: Jurnal Hukum Pidana
starting page: 66
ending page: 79
doi: 10.19109/tazir.v7i1.18384

PERAN KEPOLISIAN DALAM MENANGGULANGI TINDAK PIDANA PENGANIAYAAN DITINJAU DARI HUKUM PIDANA ISLAM (STUDI KASUS DI KEPOLISIAN SEKTOR PEMULUTAN KABUPATEN OGAN ILIR)
type: item
description: 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 …
subject: Artikel
  topic: section
creator: zoliya atina
creator: Armasito Armasito
rights: Copyright (c) 2023 Ta'zir: Jurnal Hukum Pidana
date: 2023-06-19
publication date: 2023-06-19
starting page: 48
ending page: 65
doi: 10.19109/tazir.v7i1.18231

CRIMINALIZATION OF POLYGAMY
type: item
description: 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 max…
subject: Artikel
  topic: section
creator: Rahmi Nurtsani
creator: Yuli Kasmarani
rights: Copyright (c) 2023 Ta'zir: Jurnal Hukum Pidana
date: 2023-06-19
publication date: 2023-06-19
starting page: 34
ending page: 47
doi: 10.19109/tazir.v7i1.17710

PRAKTEK PENEGAKAN HUKUM OLEH POLDA SUMSEL DALAM MENANGANI KASUS PENCURIAN DENGAN KEKERASAAN
type: item
description: "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.
subject: Artikel
  topic: section
creator: antoni antoni
creator: anjeli anjeli
rights: Copyright (c) 2023 Ta'zir: Jurnal Hukum Pidana
date: 2023-06-19
publication date: 2023-06-19
starting page: 22
ending page: 33
doi: 10.19109/tazir.v7i1.17744

PENYEBARAN SPOILER DI MEDIA TIKTOK TERHADAP FILM SPIDERMAN: NO WAY HOME PERSPEKTIF HUKUM PIDANA ISLAM
type: item
description: 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. …
subject: Artikel
  topic: section
creator: Puji Setyaningtias
creator: Atika Atika
rights: Copyright (c) 2023 Ta'zir: Jurnal Hukum Pidana
date: 2023-06-19
publication date: 2023-06-19
starting page: 1
ending page: 21
doi: 10.19109/tazir.v7i1.17714

TINJAUAN HUKUM PIDANA ISLAM TERHADAP PELAKU PENYERTAAN TINDAKPIDANA ABORSI DALAM PUTUSAN NOMOR PERKARA 1106/PID.SUS/2018/PN.PLG
type: item
description: Based on the division ofcrime ta'zir above, helping to perform abortion is included in the first category ofcrime ta'zir , namely the criminal act of hudud or qisas which is confirmed by the Koran and hadith, but the conditions are not fulfilled by syubhat. The defendant in this case did not have a complete abortion, it was just that the defendant had already given an injection and also gave medicine to drink so that the fetus in the womb could fall. The data source used is secondary data which consists of three parts, namely, primary legal materials, secondary legal materials and tertiary legal materials. Primary legal materials are binding legal materials in the form of Al-Qur'an and Hadith, the 1945 Constitution, and applicable regulations. The results of the research show that the perpetrator of a criminal act helped to carry out an abortion in decision number 1106 / Pid.sus / 2018 / PN.Plg. sentenced to imprisonment for 4 (four) years and revoked license to practice, because it has been proven to have committed a criminal act of assisting attempted abortion in accordance with the facts in the trial, the testimony of witnesses, the testimony of the defendant, taking into account the evidence presented and examined at trial, factors relating to matters that incriminate and relieve the defendant. And analysis of Islamic criminal law against abortion cases help conduct experiments included in the category jarimah ta'zir derived from jarimah hudud or qishas, but its conditions are not met by doubtful. So the imposition of the punishment is left to the government / state authorities (ulil amri). Keywords: Inclusion, Abortion, Decision
subject: Artikel
  topic: section
creator: mega aini
creator: M Tamudin
creator: Jumanah Jumanah
rights: Copyright (c) 2021 Ta'zir: Jurnal Hukum Pidana
date: 2023-06-09
publication date: 2023-06-09
starting page: 181
ending page: 197
doi: 10.19109/tazir.v5i2.17901