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All Journal KAPAL Jurnal Ilmu Pengetahuan dan Teknologi Kelautan Journal of Oceanography Journal of Marine Research Pandecta Jurnal technoscientia Mazahib Jurnal Laut Khatulistiwa Journal of Languages and Language Teaching JURNAL HUKUM ISLAM JURNAL TEKNOLOGI TECHNOSCIENTIA

Muhammad Helmi

Program Studi Ilmu Kelauta, Fakultas Perikanan dan Ilmu Kelautan Universitas Dipenogoro

Author-ID : 279129

Religion Agriculture, Biological Sciences & Forestry Arts Humanities Chemical Engineering, Chemistry & Bioengineering Computer Science & IT Earth & Planetary Sciences Economics, Econometrics & Finance Education Energy Engineering Industrial & Manufacturing Engineering Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Materials Science & Nanotechnology Mechanical Engineering Physics Social Sciences Other

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Ketiadaan Daluwarsa Penuntutan dalam Hukum Pidana Islam dan Pembaruan Hukum Pidana di Indonesia Helmi, Muhammad
Mazahib VOLUME 15, ISSUE 2, DECEMBER 2016
Publisher : IAIN Samarinda

A statute of limitation is the passage of specified number of years that become the reason for abolishing of criminal penalties against someone who has committed a criminal act. Basically, all the perpetrators of criminal acts should be prosecuted in a criminal court to face trial, but there are things which abolish criminal prosecution such as the statute of limitation. In order to reform the criminal law, it must necessarily be carried out by reconstructing underlying ideas of such reformation, that is the materialization of justice. One of the ways to do so is by including the concept of absence of the statute of limitation as adopted by the concept of Islamic criminal law. This paper argues that the statute of limitation enshrined in the Criminal Code gives more emphasis on the rule of law, while the absence of the statute of limitation in the Islamic Criminal Law give more emphasis on the fairness and certainty. Achieving justice is not limited by time; whereas certainty is limited by the availability of valid evidence. To that end, the introduction of the concept of absence of statute of limitation into positive law is necessary to ensure that justice which is the main purpose of law enforcement. In addition, the introduction of this Islamic criminal law concept is also a strategic move to make Islamic law a part of the positive law in Indonesia.Keywords: A statute of limitation, Jinayah in Islam, criminal law in Indonesia

Kedudukan Kompilasi Hukum Islam Dalam Tata Urutan Perundang-Undangan Di Indonesia Helmi, Muhammad
Mazahib VOLUME 15, ISSUE 1, JUNE 2016
Publisher : IAIN Samarinda

The Compilation of Islamic Law of Indonesia contains Islamic rules according to the conditions of Indonesian Muslims. The Compilation was formulated, among other things, by adopting an eclectic approach towards sunni schools of Islamic law (Madzahib al-Fiqh) and legal opinions (fatwa) of Indonesian Islamic scholars (ulama). It is now used by the judges in the religious courts as the substantive law in adjudicating Islamic family law cases: marriage, inheritance, and Islamic trust (waqf). Despite its deliberate drafting process, the Compilation is problematic to be a positive law in Indonesia especially after the enactment of Law No. 12 of 2011 concerning the establishment of statutes. This is because the Compilation was passed by means of the Presidential Instruction (or now decree) No. 1 of 1991. The format of Presidential Decree is not listed in the hierarchy of law in Indonesia either prior to or after the promulgation of Law No. 12 of 2011. This article aims to analyze the status of the Compilation as the positive law in Indonesia after the promulgation of Law No. 12 of 2011 and what measures can be taken by the government to elevate its status. It argues that the President can initiate to change the Compilation legal basis from Presidential Decree to Government Regulation in Lieu of Law. In following year, the Government Regulation in Lieu of Law can be passed as an Act. When it is an Act, the Compilation is officially effective and binding in Indonesia.

KONSEP KEADILAN DALAM FILSAFAT HUKUM DAN FILSAFAT HUKUM ISLAM Helmi, Muhammad
Mazahib VOLUME 14, ISSUE 2, DECEMBER 2015
Publisher : IAIN Samarinda

This paper compares the concept of justice in the viewpoint of legal philosophy and the philosophy of Islamic law. Justice in Islamic law comes from the Creator, Allah Swt., which is infinite justice and therefore must be believed not to apply the law unless justice to His servants. The concept of Justice will continue to evolve in line with social development. Fairness in life becomes an important requirement for humans so that everyone can strike a balance between demanding their rights and carrying out their obligations in an effort to reach the truth. Thus, the truth and the obligations must be in harmony and balance in life. Law is just a collection of words when the law does not materialize justice. When a law does not recognize justice, it is meaningless. Law formulation, therefore, is the process of harmonizing legal certainty and proportionality.

PERLINDUNGAN HUKUM TERHADAP KORBAN PEMBUNUHAN SEBAGAI PEMBAHARUAN HUKUM PIDANA DI INDONESIA Helmi, Muhammad
Mazahib VOLUME 14, ISSUE 1, JUNE 2015
Publisher : IAIN Samarinda

This article aims at analysing the treatment of crime victim in the criminal justice system and efforts should be made to provide legal protection for the victims of crime. It argues that the treatment of crime victims by law enforcement officers do not fully provide legal protection to the victims. Meanwhile the contruction of justice views that the perpetrators and victims want a more process oriented on the real justice by promoting reconciliantion with the provision of compensation in any form and any source. Islamic criminal law, on the other hands, recognizes a kind of punishment called as blood money (diyat) for victims of murder and torture which has been apologized by the victim or family of victim. Diyat is amount of money or properties that should be paid by the perpetrator due to the death or bodily injuries suffered by the victim. Diyat punishment, therefore, do justice to both the perpetrator and victim (or his/her family) because it promotes reconciliation between the parties.

Co-Authors Adhyaksa Saktika Drestanto Afirman Karyono Agus Indarjo Akhmad Hanan Alfi Satriadi Amaliana Yuniarti Anang Joko Sadono Baskoro Rochaddi Benny Tyson Siagian Budhi Santoso Cahya, Ardhian Indra Denny Nugroho Sugianto Dianpurnama Dianpurnama Dwi Puspa Arini Edwin Maulani Febriani, Diana Nur Fitriyanto, Bobby Rachmat Fitriyanto, Bobby Rachmat Gentur Handoyo H Hadiyanto Hamdi Anugrah, Hamdi Hariadi Hariadi Heryoso Setiyono Hidayatullah, Muhammad Fatih Himavan Prathista Nugraha Ivan Febriansyah Jamhari Jamhari Lilik Maslukah Luh Putu Ratna Sundari M. Fachrurrozi M. Taufan Qoriadi Melissa Bonauli, Melissa Muh Yusuf Muh. Yusuf Muhammad Yusuf Munasik Munasik Nugroho Agus D Nurhasanah Nurhasanah Petrus Subardjo Pratama, Dhika Rino Qorihah Ismayati Rendhy Dimas R, Rendhy Dimas Rikoh Manogar Siringoringo Rinda Nita Ratnasari, Rinda Nita Rudhi Pribadi Ryan Nurdiansyah Sanova, Aulia Seto Sandi Sari Widya Utami, Sari Widya Siddhi Saputro Sitinjak, Dedy Febrianto Sri Wilarso Budi R Sugeng Widada Suharsono Suharsono Widodo S Pranowo Yusuf Jati Wijaya

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