Legitimasi: Jurnal Hukum Pidana dan Politik Hukum
Journal Title : Legitimasi: Jurnal Hukum Pidana dan Politik Hukum ISSN : 2579-5104 (online) | 2088-8813 (print) DOI Prefix : Prefix 10.22373 by Crossref Editor-in-Chief : Dedy Sumardi, MA Managing Editor : Prof. Dr. Ali Abubakar, MA Publisher : Islamic Criminal Law Department, Universitas Islam Negeri Ar-Raniry Frequency : 2 issues per year (June and December) Citation Analysis : Index Copernicus, Dimensions, Sinta, <a href="https://scholar.google.co.id/citations?hl=id&view_op=list_works&authuser=2&gmla=AJsN-F63ev2K1aHznsphy55Kmj8rSz1naLwGaRr4nk3-lt9ySiIFLkc1DFd5cYWUMx0g5nicgBQ2J_Z62aMKfpC0cXgDEGy-WJ92DXL_mXRhWOasKiUKY38&user=hsKFhJYAAAAJ" target="_blank" rel="noopener" data-cke-saved-href="https://scholar.google.co.id/citations?hl=id&view_op=list_works&authuser=2&gmla=AJsN-F63ev2K1aHznsphy55Kmj8rSz1naLwGaRr4nk3-lt9ySiIFLkc1DFd5cYWUMx0g5nicgBQ2J_Z62aMKfpC0cXgDEGy-WJ92DXL_mXRhWOasKiUKY38&user=hsKFhJYAAAAJ" data-mce-="">Google Scholar, Publons, Orcid, Garuda Legitimasi: Jurnal Hukum Pidana dan Politik Hukum, published biannually in June and December, is published by Islamic Criminal Law Department, Faculty of Sharia and Law, Universitas Islam Negeri Ar-Raniry Banda Aceh. Its purpose is to promote the study of criminal law, legal politics, and Islamic law in general and to discuss discourses of the development of criminal law and government policies from various perspectives. It is also to help in the understanding of criminal law and the legal politics, and Islamic law in Indonesia. The journal publishes research articles, conceptual articles, and book reviews of criminal law, and Islamic law (See Focus and Scope). The articles of this journal are published bi-annually, in June and December. Legitimasi starts its publication in 2012, and it has been registered with CrossRef. All articles published by Legitimasi have a DOI number. Legitimasi is also indexed by Index Copernicus, Dimensions, Sinta, Google Scholar, Garuda, Moraref, BASE. (See Indexing). Legitimasi starts to be published online in Vol 6, No 1 2017, while before it was in printed edition. Journal Secretariat: Faculty of Sharia and Law, Universitas Islam Negeri Ar-Raniry Banda Aceh, 23111 | email: legitimasi@ar-raniry.ac.id
Islamic Criminal Law Department, Faculty of Sharia and Law, Universitas Islam Negeri Ar-Raniry
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This research aims to analyze the practice of forced marriage in Batobella Village from the perspectives of Islamic law, custom, and human rights, with a focus on the principles of consent, social control mechanisms, and legal implications. This study examines the interaction between customary norms, religious law, and positive law with a focus on the principles of legitimacy, social dynamics, and opportunities for policy intervention that align with the maqāṣid al-sharīʿah. The research method employs a qualitative case study approach, utilizing data collection techniques that include in-depth interviews, participant observation, and document analysis. The informants consisted of traditional leaders, religious figures, victims, families, and youth. Data analysis was conducted thematically to identify patterns and relationships between variables, integrating comparative fiqh perspectives across schools of thot with field findings. Research in Batobella Village shows that forced marriage practices still persist as a mechanism for resolving violations of customary norms, with decisions often made unilaterally by families and traditional leaders without considering the bride's consent. Social pressure, stigma, and the threat of exclusion make it difficult for victims to refuse. Most marriages are not registered at the KUA, which weakens their legal protection. The role of religious figures is often compromised in favor of custom for the sake of social cohesion. Although some young people are starting to reject this practice, their views are still in the minority and are hindered by the dominant customary authority in marriage decisions.
Copyright (c) 2025 Moch. Rosim, Shofiatul Jannah, Dzulfikar Rodafi http://creativecommons.org/licenses/by-nc-sa/4.0
The Application of Restorative Justice as a Resolution of the Criminal Act of Theft by Child Perpetrators
This study aims to analyze the implementation of the restorative justice approach in handling theft offenses committed by minors within the jurisdiction of the Klaten Police Resort, Central Java. The research employs an empirical juridical method, collecting data through interviews and a literature review. The findings reveal that Law No. 11 of 2012 concerning the Juvenile Criminal Justice System provides the legal foundation for applying restorative justice at every stage of the juvenile criminal process, including the investigation phase. The Klaten Police implement diversion through deliberative meetings involving the offender, the victim, their families, and community counselors, taking into account humanitarian considerations and the best interests of the child. Non-litigation settlement is prioritized in the law enforcement process involving juvenile offenders and is supported by active community participation and the flexibility of law enforcement officers in facilitating restorative processes. The study implies that the application of restorative justice by law enforcement officers can foster a sense of fairness and justice for children, both as offenders and as victims of crime.
Copyright (c) 2025 Nariza Isandra, Bambang Sukoco http://creativecommons.org/licenses/by-nc-sa/4.0
Reinforcing the Legal Basis of Undercover Buy as an Investigative Method in Criminal Procedure
In an effort to combat illegal drug trafficking, Law Number 35 of 2009 concerning Narcotics authorizes the National Narcotics Agency (BNN) to conduct special investigation techniques, one of which is the undercover buy technique. The research problem studied is how to regulate undercover buy techniques in the legal system in Indonesia and how to formulate the regulation of undercover buy provisions in an ideal criminal procedure law that does not conflict with legal principles. This study is a normative legal study that uses a regulatory approach and a contextual approach. The data sources are from regulations and legal literature. The results of the study indicate that the regulation of undercover buy techniques is normatively contained in the Narcotics Law and the implementation instructions that have been updated through the Decree of the Head of BNN Number SKEP/1205/IX/2000. However, these regulations are still minimal and not comprehensive, thus creating legal limitations that have the potential to cause investigators to apply for permits, especially in obtaining valid evidence according to criminal procedure law
Copyright (c) 2025 Asari Suci Maharani http://creativecommons.org/licenses/by-nc-sa/4.0
The Supervisory System of Conventional Online Lending in Aceh Following the Enforcement of Qanun Number 11 of 2018: A Study on Criminal Elements in Online Lending Transactions
Online Service lending has become a widely used financial product due to its accessibility, including in Aceh, which has implemented Qanun Number 11 of 2018 concerning Islamic Financial Institutions that prohibits interest-based lending practices. Therefore, this study focuses on the supervision of conventional online lending conducted by the government in Aceh following the implementation of Qanun Number 11 of 2018. This research adopts a descriptive method with data collected through interviews. The findings indicate that, to date, conventional online service lending (pinjol) operations in Aceh remain unrestricted, with no limitations imposed on their activities. In Aceh, stakeholders have yet to take concrete measures to curb or prohibit conventional online lending practices. Consequently, many consumers in Aceh, including educated individuals such as teachers and students, as well as the general public, have been trapped in debt and faced payment defaults. Therefore, strategic actions are required from both the Aceh government and religious scholars (ulama) to collaborate and synergize with relevant institutions such as the Financial Services Authority and Bank Indonesia to curb conventional fintech practices in Aceh, in accordance with the provisions outlined in Qanun Number 11 of 2018 on Sharia Financial Institutions in Aceh
Copyright (c) 2025 Muhammad Maulana, Arroyyan Ramly, Yuhasnibar Yuhasnibar, EMK. Alidar http://creativecommons.org/licenses/by-nc-sa/4.0
Criminal Law Analysis of Brawls Between Groups of Children: A Review from the Perspective of Psychological Criminology
Brawl is a form of juvenile delinquency committed by children, in criminology, which explains the science of crime that continues to develop. Brawl can be studied from a psychological perspective. Prevention and serious handling of the legal vacuum are needed. The formulation of the problem that the examines is to find out brawls committed by children in the legal system in Indonesia, and to find out the causes of children's involvement in brawling through psychological criminology reviews. The purpose of this research is to find out the legal system in Indonesia regarding brawls committed by groups of children and how brawls are studied from the perspective of psychological criminology. This research uses a juridical-normative research method that emphasizes a qualitative approach by collecting and studying literature reviews through literature study research. The results of this study indicate that there is still a legal vacuum regarding brawls in Indonesia, both in general and specific laws, but the Juvenile Criminal Justice System still prioritizes Restorative Justice. Brawling itself can also be studied from the perspective of psychological criminology, where there are factors of children committing brawls, including internal factors, family factors, school factors, environmental factors, mental factors, and poverty factors. In addition to this, juvenile delinquency, such as brawls, also occurs because of the loss of Pancasila values.
Copyright (c) 2025 Astri Dewi Setyarini, Mulyadi Mulyadi http://creativecommons.org/licenses/by-nc-sa/4.0
Differences in the Implementation of Diversion in the Juvenile Criminal Justice System: Analysis of the Karawang Court Decision
The use of diversion in Indonesia’s juvenile justice system aims to protect children from harmful stigmatization and provide rehabilitation. The objective of the study is to analyze the application of diversion in two court decisions: Decision Number 9/Pid.Sus-Anak/2022/PN Kwg and Decision Number 14/Pid.Sus-Anak/2022/PN Kwg. The research employs a normative juridical and descriptive-analytical approach through a literature review. The findings demonstrate that the application of diversion depends on the type of offense and the condition of the child. Decision Number 9 sentenced the child to 3 years and 6 months of imprisonment for a case of child sexual intercourse, whereas Decision Number 14 imposed 120 hours of community service for theft. The analysis reveals that judicial considerations are influenced by the severity and impact of the offense, and underscore the importance of balancing law enforcement with the protection of the child’s future. This research shows that judicial discretion plays a crucial role in determining the implementation of diversion, highlighting the importance of aligning legal enforcement with restorative justice and child protection principles.
Copyright (c) 2025 Rini Nuraeni, Muhammad Gary Gagarin Akbar, Muhamad Abas http://creativecommons.org/licenses/by-nc-sa/4.0
Reformulating the Policy Framework for Sting Operations by Investigators of the Corruption Eradication Commission
Corruption offenses in Indonesia are perceived as ongoing and persistent, continuing to this day and resulting in significant losses to the state. The establishment of the Corruption Eradication Commission through Law Number 30 of 2002 concerning the Corruption Eradication Commission serves as a trigger mechanism to enhance the effectiveness of anti-corruption efforts. As part of its initiatives, the Corruption Eradication Commission conducts Sting Operations aimed at combating corruption by apprehending perpetrators through silent operations. This study formulates two problems, namely, how the mechanism of Sting Operations held by the Corruption Eradication Commission investigators aligns with legislation, and what is the ideal regulation of Sting Operations held by the Corruption Eradication Commission investigators. This study is a normative legal research with secondary data consisting of primary, secondary, and tertiary legal materials. This study uses a statutory, conceptual, and interpretive approach. The result of this study indicates that Sting Operations conducted by the Corruption Eradication Commission are often equated with the concept of ‘caught red-handed’, which is stated in The Indonesian Criminal Procedure Code (KUHAP). However, both Sting Operations and ‘caught red-handed’ differ in meaning and may potentially violate the principle of due process of law. Therefore, a comprehensive reformulation of Sting Operations procedures within the legal framework of the Corruption Eradication Commission is necessary.
Copyright (c) 2025 Elsa Bonde, Aji Lukman Ibrahim http://creativecommons.org/licenses/by-nc-sa/4.0
The Tradition of Ndarohi: Diversity of Punishments, Settlement of Fights in the Kute Pasekh Pekhmate Community from the Perspective of Islamic Criminal Law
This study analyzes the Ndarohi custom as a customary sanction imposed on the perpetrators of a fight. The Ndarohi custom is a tradition that has been passed down from generation to generation in the Kute Pasekh Pekhmate community, Lawe Alas District, Southeast Aceh Regency. The Kute Pasekh community believes that the Ndarohi custom is able to reunite the perpetrators of a fight as a family by imposing customary sanctions in the Ndarodi tradition. The focus of this study is how the traditional Kute Pasekh community maintains the Ndarohi custom in resolving fights amidst the strong current of modernization of criminal case resolution through litigation. The purpose of the study was to determine the practice of the Ndarohi custom in resolving fight cases, and to preserve the Ndarohi custom in the modern era. This study uses a qualitative descriptive method, data obtained through field interviews and literature. The results of the study show that sanctions for resolving disputes in fight cases are resolved according to the Ndrohi custom through a deliberation process. Then the party found guilty is charged with medical expenses for the victim and is given a sanction in the form of money and one goat, according to the decision from the results of the deliberation by Sakhak Bekhempat. Sanctions in the Ndarohi custom have various types according to the quality of the crime committed by the perpetrator. Fights that cause physical harm, not bleeding, are subject to the Nucupi custom sanction or the mbabe nakan sekhimah sope sekhanting sanction; all medical costs are borne by the perpetrator of the customary crime. While criminal acts of fighting that result in bleeding wounds are subject to the sanction of drawing error and a fine in accordance with the written customary provisions. The Kute Pasekh community still strongly adheres to the Ndarohi custom in resolving customary criminal disputes. In addition to being a hereditary tradition, it is also effective in uniting the relationship of the customary community to obtain eternal peace.
Copyright (c) 2025 Tarmizi M. Jakfar, Edi Yuhermansyah, Edi Yuhermansyah, Nurbaiti Nurbaiti, Nurbaiti Nurbaiti http://creativecommons.org/licenses/by-nc-sa/4.0
Development and Practice of Islamic Law Codification in Southeast Asia
This article aims to examine the development of Islamic law codification in Southeast Asia. Southeast Asia is a region with Muslims who have peaceful, tolerant, and moderate characteristics. Islam that developed in Southeast Asia has differences with those in Arabia, Morocco, Turkey, India, Pakistan, Uzbekistan, and China in terms of culture and customs. The main question that will be answered in this article is how the codification of Islamic law developed in Southeast Asia. The study uses empirical legal juridical studies with an approach to the social history of Islamic law. The article concludes that from the perspective of Islamic legal history, the development of legal codification has experienced three phases, namely: the kingdom, colonialism, and post-colonialism. Countries with a Muslim majority, such as Indonesia, Malaysia, and Brunei Darussalam, have experienced quite significant development, while countries such as Thailand, the Philippines, and Singapore have not experienced any significant development, and countries such as Cambodia, Vietnam, and Myanmar tend to have no development. In addition, Islamic law that developed in Southeast Asia accommodates local values ​​and customs that become a new identity or "Malay Islam" and are different from other regions.
Copyright (c) 2025 Andi Darna, Ridhwan Ridhwan, Abidin Nurdin, Mohammad Nizar http://creativecommons.org/licenses/by-nc-sa/4.0
Mukim as a Customary Law Community in Customary Forest Management in Aceh Besar
Customary forests are forests that are located within the area of a Customary Law Community. In theory, only people who live in forest areas are able to maintain forest areas well because they have a reciprocal relationship that cannot be separated. These communities are often referred to as indigenous communities or customary law communities. Aceh Besar has a very large forest area, there are three forest areas that have been categorized as customary forest areas with three customary law communities that are included in the indicative customary forest map of the Indonesian Ministry of Environment and Forestry. This research examines: Efforts that can be made by customary law communities in Aceh Besar to obtain their rights to customary forests and how optimizing customary forest management can provide protection to customary law communities and customary forest areas in Aceh Besar. The results of the research show that currently three customary forest areas in Aceh Besar have been removed from the indicative customary forest map, this is because during the verification period the customary law communities (Mukim) files were unable to provide evidence in the form of regional regulations in Aceh Besar which designated them as customary law communities recognized in accordance with the requirements. in the Minister of Environment and Forestry's regulations, so that the three mukims in Aceh Besar do not have legal rights to manage customary forests. Optimizing protection for forest areas and Mukim in Aceh Besar is also not going well.
Copyright (c) 2025 Yenny Sriwahyuni http://creativecommons.org/licenses/by-nc-sa/4.0
Sociological Juridical Review of the Phenomenon of Online Begging Legislative Perspectives in Indonesia
The phenomenon of online begging is one of the negative impacts of social media use. Online beggars take advantage of public sympathy to enrich themselves by creating content that evokes pity, viral content, which will invite the public to help by giving gifts that can be exchanged for money. The action of online beggars is an act of exploitation carried out against oneself and others; this is contrary to Pancasila, namely, just and civilized humanity, because it can pollute human dignity. Firm action and strong rules are needed to deal with the phenomenon of online begging, so that there is no public thought to make this phenomenon a profession in the future. The study used a normative legal method with a statutory, conceptual, and case approach. The results of the study show that, First, characteristics and legal qualifications of the phenomenon of online begging online beggars create sympathy from the public and the perpetrators create a drama full of manipulation that has been neatly arranged and to be said to be an act of online begging, it must meet the elements of the act. Second, from the legal side, the phenomenon of online begging touches on Pasal 504, 333 Criminal Code of Indonesia, Pasal 27 ayat (3) of the Law of Number 11 of 2008 on Information and Electronic Transactions, and Circular of the Minister of Social Affairs Number 2 of 2023, however, these articles are not strong enough to be used as a reference for taking action against online beggars. From a social side, the act of online begging can change the work values ​​of society and create inequality. Third, evaluation and recommendations for handling the phenomenon of online begging require regulations that have permanent legal force and increase digital literacy for the community to distinguish between forms of content creators and actions that are indicated as online begging.
Copyright (c) 2025 Findhi Astuti, Indah Sri Utari http://creativecommons.org/licenses/by-nc-sa/4.0
The Effectiveness of Diversion in Resolving Juvenile Breast Groping Cases
Sexual harassment committed by minors, particularly in the form of breast-grabbing, is a complex phenomenon due to the offender’s ongoing psychosocial development. The legal handling of such cases requires not only a repressive approach but also the application of restorative justice through diversion mechanisms. This study aims to analyze the effectiveness of diversion in resolving a breast-grabbing case committed by a minor in Semarang. This research uses a juridical-empirical method with a qualitative approach, focusing on a case study at the Class I Correctional Center (Bapas) in Semarang. Data were collected through interviews and the analysis of legal documents related to the diversion process. The findings indicate that the diversion was conducted in accordance with legal provisions and resulted in an agreement involving an apology, financial compensation, and a commitment to rehabilitate the offender. However, the study also identifies limitations in the victim’s recovery and the continuity of the offender’s rehabilitation. It further questions whether justice is truly achieved when the victim remains psychologically affected, and highlights the risk of behavioral normalization if rehabilitation is not effectively implemented. Therefore, the effectiveness of diversion in sexual offense cases should be understood not only from a procedural standpoint but also in terms of achieving substantive justice for all parties involved.
Copyright (c) 2025 Fiorentina Elfrida Shanty http://creativecommons.org/licenses/by-nc-sa/4.0
Optimizing the Imposition of Conditional Sentences for Children Through the Role of Community Research Reports
Punishment of children in conflict with the law requires an approach that is not only repressive but also considers the rights and future of children. A conditional sentence is a form of alternative punishment that can maintain children in a proper social environment without serving a criminal period in a correctional institution. This article examines the urgency of applying conditional punishment in juvenile cases and highlights the strategic role of community research reports in influencing judges' decisions. This research uses a qualitative method with an empirical juridical approach through field observations, literature studies, and interviews. The results show that the quality of recommendations is the primary key to successful conditional sentences in court. Data-based recommendations that address the dimensions of supervision, environmental support, and the effectiveness of non-agency coaching tend to be more accepted by judges. The optimization of conditional punishment requires increasing the capacity of community supervisors, national standardization of reports, and evaluation and feedback mechanisms from law enforcement officials to ensure the quality of recommendations submitted.
Copyright (c) 2025 Desy Rizky Mahrunnisa, Rasdi Rasdi http://creativecommons.org/licenses/by-nc-sa/4.0
Criminal Responsibility for Santet Practices in Simeulue Regency from the Perspective of Islamic Criminal Law
Witchcraft or black magic is still believed to be an act that can cause harm to a person through occult science. The losses caused by witchcraft can be seen directly and clearly in witchcraft victims, but it is difficult to explain medically and scientifically. Although it cannot be proven based on criminal law, the impact of witchcraft can be known based on indications that are widespread in the victim, such as foreign objects found in the victim, causing physical and non-physical suffering for a long time, even causing the victim to die. The focus of this research is on how to resolve witchcraft cases through customary law in the Simeulue community. The method used is qualitative, with data obtained from interviews and supported by literature sources. The results of the study showed that the phenomenon of witchcraft in Langi Village, Teupah Village, and Suka Jaya Village in Simeulue Regency had a motive of displeasure between the perpetrator and the victim. Santet is not always used for evil, but can also be used for good, such as medicine, predicting the whereabouts of a person or lost item (tendung). In general, the people of Simeulue do not accept the presence of witchcraft (for evil) in their lives, but specific individuals still abuse witchcraft as a power to harm people. The abuse of witchcraft that causes others to suffer is not in line with the principles of Islamic criminal law. Witchcraft can be held accountable if proven to have committed a crime that causes harm to others, both physically, psychologically, or socially.
Copyright (c) 2025 Mukhsin Nyak Umar, Safira Mustaqilla, Tgk. Sulfanwandi, Ima Syahrima, Salsabila Firdausia http://creativecommons.org/licenses/by-nc-sa/4.0
Early Childhood Sexual Abuse and the Criminal Justice System: Challenges, Legal Reform, and Victim Rehabilitation in Indonesia
Early childhood sexual abuse is a severe and traumatic crime with long-term physical and psychological impacts. This study offers an original contribution by critically analysing the effectiveness of Indonesia’s criminal justice system in addressing such cases, particularly from the perspective of victim protection and rehabilitation. The main objective is to assess how well criminal law in Indonesia provides justice for victims and to identify the barriers that hinder effective legal implementation. Employing a qualitative approach with a case study method, data were collected through in-depth interviews with legal practitioners and child protection activists, as well as through document analysis and selected case reviews. The findings reveal that while Indonesia's legal framework theoretically supports child protection, significant gaps persist between legal norms and their enforcement. These include poor inter-agency coordination, low sensitivity to victims' needs, limited access to rehabilitation services, and the persistence of social stigma. The practical implications of this research suggest the need for targeted legal reforms, including enhanced training for law enforcement officers, improved victim-centered procedures, and the strengthening of rehabilitation support. These measures are essential to ensure a more just and effective response to early childhood sexual abuse.
Copyright (c) 2025 Fatin Hamamah, Hermanto Hermanto, Darwanto Darwanto, Rohadin Rohadin, Aos Aos http://creativecommons.org/licenses/by-nc-sa/4.0
The Exploration of Human Rights from the Perspective of Development Law Theory: What and How?
This study analyzes human rights in legal development to ensure that fundamental human rights are not neglected. Human rights are inherent to every human being, derived from religious, moral, and noble cultural values. Everyone is part of society, consisting of individuals with fundamental rights. Human rights-based development planning becomes a benchmark in development planning so that it does not sacrifice human rights but is used as a tool to achieve goals in enforcing the right to development. However, this becomes a challenge that needs to be faced to prioritize human rights without neglecting the public interest. This study aims to develop development strategies based on the close relationship between strategies and development processes with efforts to promote respect for human rights. The study method uses a normative juridical approach. Data were collected through legal literature and legal materials, namely primary, secondary, and tertiary legal materials. The research results show that development law is important to address increasingly complex social changes and ongoing development agendas. The state must prioritize and ensure that business and development align with the fulfillment of the right to a good and healthy living environment rather than opening up space for environmental destruction. The manifestation of the legal development model is to pay attention to the human dimension as the main goal of development, which provides citizens with access to participate in decision-making in various fields of life. The law allocates greater authority to citizens for their self-realization as subjects, not objects shaped and controlled by other subjects.
Copyright (c) 2025 Didik Suyitno, Sulaksono Sulaksono, Eny Sulistyowati, Fradhana Putra Disantara
Resolving Illegal Fishing in Rumpon Unjam: The Strategic Role of Panglima Laot in Aceh's Customary Law
Illegal fishing is a crime that causes one party to suffer losses. Consequently, fishing activities in Indonesian waters must adhere to the regulations. The purpose of creating a legal regulation is to establish a provision and legal protection in order to maintain peace within an organisation in the event of a conflict. In this instance, the existence of panglima laot in carrying out the function of customary law is one of the role models for the order of community life in resolving the issue of unauthorized fishing on Rumpon Unjam or other people's platforms. This research seeks to determine how the mechanism for resolving illegal fishing in Rumpun Unjam is governed by customary law with the function of panglima laot, as well as the review of Islamic law on the mechanism for resolving illegal fishing in Rumpon Unjam under customary law with the function of panglima laot. This research uses field research as its methodology. Among the methods of data collection are observation and interviews. The findings of this study indicate that the mechanism for resolving illegal fishing crimes in Rumpon Unjam, which are resolved by customary law by the Sea commander, is appropriate because the customary law imposed on the perpetrator requires a deterrent effect so that he or she will not repeat the same act by receiving appropriate sanctions for the sake of justice for the victim. According to a review of Islamic law, the mechanism for resolving illegal fishing crimes in Rumpun Unjam people who are resolved by custom by the commander of the laot is in accordance with the punishment recommended by the Qur'an because it uses ta'zir law, which is a punishment decision from the regional ruler, and the punishment imposed is appropriate retribution for the actions committed. When viewed from the victim's perspective, the imposed punishment is consistent with Islamic law because it satisfies the victim's sense of justice.
Copyright (c) 2024 Riadhus Sholihin, Nurul Husna, Irwansyah, Wahyu Maulana, Ishma Raihan
Implementation of Compensation in the Form of Restitution for Child Victims of the Crime of Human Trafficking: Study on the Jurisdiction of the City of Padang
Trafficking in persons is regulated in Law Number 21 of 2007 concerning eradicating the Crime of Trafficking in Persons. One form of legal protection for victims is the provision of compensation in the form of restitution. Children and women were often victims of the crime of trafficking in persons. The problem how is the application of compensation in the form of restitution to children as victims of criminal acts of trafficking in persons in the jurisdiction of the city of Padang. What are the obstacles in the application of compensation in the form of restitution to children as victims of criminal acts of trafficking in persons in the jurisdiction of the city of Padang? The study uses an empirical legal. Data collection techniques are through interviews and document studies, and data analysis is qualitative. The conclusion is the application of restitution for children who are victims of criminal acts of trafficking in persons in the jurisdiction of the city of Padang has not been optimal. The obstacle in implementing restitution for children as victims of the crime of trafficking in persons is the lack of awareness of law enforcement officers on victim protection, especially restitution, which results in the rights of the victims of criminal acts being often neglected because they tend to be law enforcement are more focused on imposing criminal charges against perpetrators.
Copyright (c) 2024 Harmelia, Ilham Fattah Kaloko, Irfan Harmain, Dian Mustika Intan
Restitution to Victims of Rape Crimes: Examination of Judicial Decision Number 06/JN/2019/MS.Lsm
Recompense for victims of rape is governed by Article 51 of the Aceh Jinayat Law, which underscores the victim's entitlement to request recompense. In reality, judges do not impose restitution punishments on all rape cases, as the victims of rape do not submit a restitution request. This results from a deficiency in comprehension concerning the procedure for seeking recompense for the victim's incurred losses. This study examines the provision of recompense for rape victims through the lens of Islamic criminal law, specifically concerning the nature and status of reparation. This paper is a normative legal analysis. Data acquisition was performed via library research. The research findings indicate that the restitution mechanism within the Qanun Jinayat is inadequately detailed, resulting in numerous rape victims being unable to seek restitution. Consequently, judges cannot impose restitution penalties without such requests from the victims. In Islamic criminal law, reparation holds an equivalent status to diyat. The method for restitution in Islam does not necessitate a request; instead, the judge explicitly determines that the culprit is obligated to pay diyat to the victim of rape for their crimes. Consequently, the government should establish an institution to provide restitution to rape victims if the perpetrator is unable to pay restitution, as the provision of restitution is contingent upon the financial capability of the perpetrator. Furthermore, standards should be established to determine the minimum reparation that the offender must provide to the rape victim, ensuring that the restitution aligns with the losses incurred by the victim.
Copyright (c) 2024 Mursyid Djawas, Dedy Sumardi, Ratna Yusdiana, Atika Nabila, Cut Najwa Safa Yumna
Bringing Fishermen Together Through the Customary Maritim Law of the Sea in the South West Aceh Region: al-Shulh's Perspective
Panglima Laot is a customary structure among fishing communities in Aceh province, which is tasked with leading the customary alliance managing Laot customary law. Panglima Laot resolves marine disputes using the principles of harmony, harmony, and appropriateness. Thus, there are three problem formulations in this paper. First, what are the forms of minor criminal offenses that occur in the Marine Area of Susoh Sub-district, Southwest Aceh Regency? Second, how is the process of resolving minor crimes between fishermen in the sea area of Susoh District, Southwest Aceh Regency by Panglima Laot? Third, how is the settlement of minor crimes in the sea area of Susoh District, Southwest Aceh Regency, according to Ṣulḥu? This research is field research and uses a qualitative approach. That is by interviewing the Panglima Laot of Southwest Aceh. The results showed that. First, there are three cases of minor crimes that occurred in the sea of Susoh District, Southwest Aceh Regency, including cases of fighting, cases of bloodshed fights, and cases of fish theft. Second, the process of resolving these minor crimes is carried out by first making a report to the Panglima Laot Teupin, then the Panglima Laot te also makes a report to the Panglima Laot Lhok and the district Panglima Laot, and a customary hearing is made which is attended by members of the Panglima Laot along with village officials and the families concerned then the disputing parties get advice from the Panglima Laot and village officials who are present to make peace, finally giving fines outside the trial. Third, the settlement of minor crimes at sea in Susoh District, Southwest Aceh Regency is in accordance with the concept of al-Ṣulḥu, namely settlement by deliberation and fairness.
Copyright (c) 2024 Laylay Alfaytouri Baddah, Muhammad Yusuf, Humaira, Sy Alyssa Qatrunnada SM, Siti Khumaira
Sentencing of Juvenile Narcotics Offenders in the Sidoarjo District Court
This research aims to answer the question of the judge's considerations in deciding a narcotics criminal case involving a child at the Sidoarjo District Court. And why is a form of legal protection provided to a child found guilty of committing a narcotics crime at the Sidoarjo District Court? This study is a legal research using a statute approach and a case approach. The analysis was carried out using qualitative juridical methods. The research found that the sentencing of a child in a narcotics case at the Sidoarjo District Court, based on Decision No. 12/Pid.Sus-Anak/2021/PN.Sda, considered the violation of Article 112 (1) of the Narcotics Law, the child’s confession, witness testimony, and evidence. The judge also took into account the child's age, emotional stress from parental divorce, and applied a restorative justice approach, opting for a six-month work training at Marsudi Putra Social Welfare Institution for rehabilitation, involving family, legal counsel, and the Probation Office.
Copyright (c) 2024 Leba Max Nandoko Rohi, Tanudjaja
Virtual Witness Testimony in Criminal Cases During the COVID-19 Pandemic: A Study on Evidence in the Banda Aceh Sharia Court
This study discusses the legal certainty of electronic criminal trials, particularly the presentation of witness testimony virtually during the COVID-19 pandemic. Guidelines for electronic criminal trials are needed to ensure uniform implementation and to uphold fair trial rights. As a province with the authority of the Syar'iyah Court, Aceh should be able to anticipate the spread of COVID-19 by implementing electronic trials. The research focuses on the regulations related to electronic trials, specifically the presentation of witness testimonies virtually as evidence in criminal cases, and the practices implemented at the Banda Aceh Sharia Court. This research uses a descriptive-analytical method with a qualitative approach. The sources of data for the research are field research and library research. The research results show that the form of legal certainty regarding electronic criminal trials or jinayat during the COVID-19 pandemic is the agreement on cooperation between the Supreme Court, the Prosecutor's Office, and the Ministry of Law and Human Rights on the Implementation of Trials Through Teleconference, which was then established by Supreme Court Regulation Number 4 of 2020 concerning the Administration and Trial of Criminal Cases in Court Electronically. In practice, the Banda Aceh Sharia Court determined that the presentation of witness testimony during the COVID-19 pandemic must be conducted in the courtroom. However, it is still carried out virtually to connect with the defendant in the detention center or prison where he is held.
Copyright (c) 2024 Mohammad Salim, Mukhsin Nyak Umar, Rahmat Saputra, Wisnu Adiyaksa Dault, Muhammad Hafidh Ath-Thayyar
Ngaming Customary Sanctions in the Resolution of Physical Violence Crimes in Gayo Lues: An Islamic Criminal Law Perspective
Physical violence is an act that causes pain, injury, or serious wounds. In the Gayo Lues community, there is a customary law that regulates sanctions against perpetrators of physical violence. Adat Ngaming, one of the customs of Gayo Lues, regulates the types and levels of sanctions and the weight of the sanctions according to the purpose of forming a law. This research examines how the Ngaming customary sanctions resolve physical violence cases according to the customary law of the Marpunge Raya settlement and the review of Islamic criminal law on Ngaming customary sanctions for perpetrators of physical violence in the Marpunge Raya settlement. This research uses the empirical legal research method through library and field data collection techniques. The research results show that Ngaming customs impose sanctions on perpetrators of physical violence crimes according to the type and severity of the actions committed by the perpetrator. Violence to the head that causes a lot of bleeding (blood flowing out) is compensated with one goat, and the bleeding wound is treated (luke besalin) until healed. If the blood flows a little (does not stream), it is compensated with a chicken, and the bleeding wound is treated (luke besalin) until it is healed. The Ngaming customary sanction is by the sanctions regulated in Islamic criminal law, where wounds on the head that bleed (al-Damiyah) and wounds on the head that do not bleed (ghair al-Damiyah) are subject to legal sanctions. For physical violence on objects other than the head and face, the penalty is to pay for medical expenses until recovery, which is not regulated in Islamic criminal law because violence on objects other than the head and face has different penalties, namely, ja’ifah wounds and non-ja’ifah wounds. The penalty for a ja’ifah wound is one-third of the diyat, while the penalty for a non-ja’ifah wound is qishash.
Copyright (c) 2024 Julida Yanti, Riza Afrian Mustaqim, Tgk. Sulfanwandi, Muhammad Rozaan Al-Faiz, Raja Aulia
For The Sake of Survival: Illegal Gold Mining Exploitation Crimes from Environmental Fiqh in South Aceh Regency
Criminal acts of illegal mining in East Labuhahaji District, South Aceh, continue to be carried out by the community without paying attention to the negative impacts on the surrounding environment, which can result in losses for the benefit of the community. This article aims to analyze the factors and impacts of illegal gold mining on the environment of the people of Labuhan Haji Timur District, South Aceh Regency, in terms of environmental fiqh. Data was obtained through interviews and analyzed critically. The research results show that the factors causing people to carry out illegal gold mining in East Labuhanhaji District are low economic life and community education, minimal socialization regarding mining prohibitions, and minimal public awareness of religious values regarding environmental damage. Illegal gold mining has a negative impact in the form of deforestation, making it prone to flooding and damage to plantation land. Judging from environmental fiqh, the criminal act of illegal gold mining in Labuhan Haji Timur District, South Aceh Regency, is an act of jihad that is contrary to Islamic law because it hurts environmental damage and the benefit of the community at large. Therefore, in Islamic law, illegal gold mining can be subject to sanctions in the form of ta'zir.
Copyright (c) 2024 Yuhasnibar Syah, Nurulbahiah binti Awang, Iskandar, Rahul Husni
Legal Politics of the Existence of Customary Courts in Civil Procedure Law
Along with the development of increasingly modern globalization, the authority and existence of customary institutions for dispute resolution began to be questioned, especially now that some people tend to resolve their disputes through formal institutions such as state courts and the police. This article examines the legal politics of the existence of customary courts in civil procedure law. The research approach is normative juridic and is analyzed through qualitative juridic, which studies data based on legal aspects. The study's findings indicate that legal discrepancies regarding customary justice in the law of civil events remain. However, there is a history of cooperation between the state and the village courts as regulated in Article 86 letter A, article 103, paragraphs (2) and (3). article 120 letter a and article 135 letter a HIR (KUH Perdata Hindia Belanda). Since the entry into force of Emergency Law No. 1 of 1951, these articles have been abrogated, except for Article 135 letter a HIR. The practical implications of the political study of customary law include adopting a common law recognizing the right to justice for indigenous peoples in Indonesia.
Copyright (c) 2024 Hazar Kusmayanti, Madiha Dzakiyyah Chairunnisa, Dede Kania, Rafan Darodjat
Fiqh and Siyasa Model of Integration: A Study of The Constitution of The Sultanate of Aceh Darussalam
Fiqh is an abstract concept not bound to a particular case in space and time, so it becomes universal. Through a legal decision, the judiciary applies Fiqh to one of the cases in particular. It shows that Fiqh implementation requires other legal instruments, such as the judiciary. The implementation aspect of Fiqh is an object study for Siyasa Sharia, so Fiqh and Siyasa had to moderate and integrate into the law system. This paper examines the moderation of Fiqh and Siyasa in the Aceh Darussalam Sultanate and their integration into the legal system. This study is normative legal research that uses a historical approach. The data source for this research is primary legal material in the form of the constitutional text of the Sultanate of Aceh Darussalam, namely Adat Meukuta Alam, and other supporting texts. This study found that the constitution of the Aceh Darussalam Sultanate drew on moderate Fiqh and Siyasa. The results of this study conclude that Fiqh and Siyasa were integrating into a legal system that complements one another
Government Legal Policy to Deal with Cases of Human Rights Violations in Indonesia
Cases of gross human rights violations are complex and sensitive issues in Indonesian legal politics. With a historical backdrop that includes authoritarian times and armed conflict, governments are faced with serious challenges. Transitional Theory of Justice offers a framework for addressing these issues through courts, reparations, truth and reconciliation, and institutional reform. However, policy implementation requires consideration of international pressure, victim protection, civil society participation, and human rights education. Governments are faced with a dilemma between accountability and reconciliation, with the need to maintain a balance between justice and peace. In addition, it is necessary to consider the political implications of government actions, while institutional reform and sustainable approaches are key in addressing gross human rights violations.
Copyright (c) 2024 Nuril Ika Fajriyah, Suwandi, Aunur Rofiq
Legal Protection for Creative Economic Actors of Intellectual Property as the Debt Guarantee
The development of the creative economy often experiences problems such as limited access to capital; with the enactment of Government Regulation No. 24 of 2022 concerning the Creative Economy, the government facilitates Intellectual Property-Based Financing Schemes through financial services institutions, but in its implementation, there is a need for legal protection for creative economy actors who want to get a source of financing, besides that many people do not understand how the requirements for filing Intellectual Property-based financing due to the intangible nature of the collateral object. This research uses the normative juridical method. This research uses all laws and regulations to examine more deeply related to the research in question. The research results indicate that the requirements for applying for an Intellectual Property-Based Financing Scheme must be registered and have a certificate from the Directorate General of Intellectual Property. Intellectual Property (IP) in question is copyright and patent rights based on Article 16 paragraph (3) of the Copyright Law and Article 108 of the Patent Law. Legal protection of creative economy actors in the Intellectual Property-Based Financing Scheme has been pursued by the government, including the existence of further regulations issued by the Financial Services Authority, which makes creative economy actors avoid conflicts or financing disputes through insurance contracts, preventing theft of ideas by others, providing incentives from the government to register IP, providing legal assistance before the court process, and providing legal assistance in the event of a financing dispute.
Copyright (c) 2024 Brina Saskya Paramita, Aldira Mara Ditta
Implementation of Restorative Justice in Surakarta District Court
The postponement of the Decree of the Director General of Badilum Number 1691/DJU/SK/PS.00/12/2020 concerning Guidelines for the Implementation of Restorative Justice in the General Court Environment by Letter Number 1209/DJU/PS.00/11/2021 until the Supreme Court regulations regarding guidelines for justice come into force Restorative raises problems, namely what the Surakarta District Court's policy is regarding the implementation of justice. This field research type uses interview and documentation data collection methods and data analysis techniques using the interactive model from Miles and Huberman. The research results show that in their authority to examine and adjudicate cases, judges must pay attention to contextual matters in resolving cases using a restorative justice approach, which resolves criminal cases by involving perpetrators, victims, and other parties who work together to find a satisfactory solution. fair by emphasizing restoration to the original state, not retaliation. Resolving cases using restorative justice, lack of support and cooperation between institutions, and the justice system not regulating much about victims' rights.
Copyright (c) 2024 Abdul Fattaah, Sutrisno, Jaka Susila
Sayam: Implementing Customary Law in The Resolution of Persecution Criminal Cases in Aceh
Customary law has been used to decide certain criminal matters in Aceh instead of positive law. This was the case in the persecution incidents that occurred in various villages in the Meureudu region, where the idea of Sayam was employed. This study aimed to determine the practice of compensation in the concept of Sayam, the effectiveness of its use in resolving persecution and criminal conflicts, and whether there were any gaps between the concept of mediation in Indonesia and the concept of Sayam mediation in Aceh. This research used descriptive normative analysis and referred to legal pluralism, which considers the interplay of state, customary, and religious law using an empirical social approach. The results of this study found two types of procedures for reporting cases of persecution in the concept of Sayam: First, the complaint of the case was addressed to the village apparatus, and second, the complaint of the case was submitted to the police station. The technical compensation to the victim used four methods: deliberation, customary reusam, and losses, which were borne together based on the motto "saboh pisang koh dua" (one banana divided for two), and the last, based on the policy of traditional leaders. The gap between the concept of sayam in Aceh and the concept of mediation in Indonesia was that in the concept of sayam, as in general customary law, there was no recording, and in the concept of sayam, decisions were sometimes based on the decisions of traditional leaders.
Copyright (c) 2024 Yuni Roslaili, Muhammad Maulana, Dinni Maghfirah, Suparwany