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All Journal Al-'Adalah Jurnal Komunikasi Hukum Nurani: Jurnal Kajian Syariah dan Masyarakat Intizar Al-Ihkam: Jurnal Hukum dan Pranata Sosial Usroh: Jurnal Hukum Keluarga Islam SAMARAH: Jurnal Hukum Keluarga dan Hukum Islam AT-TURAS: Jurnal Studi Keislaman Ta'zir: Jurnal Hukum Pidana
Arne Huzaimah, Arne
Universitas Islam Negeri Raden Fatah Palembang
Religion Arts Humanities Economics, Econometrics & Finance Education Law, Crime, Criminology & Criminal Justice Social Sciences

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ANALISIS HUKUM PIDANA ISLAM DALAM PUTUSAN NOMOR:1632//PID.SUS.2018/PN.PLG TENTANG PEMBERIAN DATA TIDAK SAH Irma Oktaviani; Arne Huzaimah; Hijriyana Safithri
Tazir Vol 4 No 2 (2020): Ta'zir: Jurnal Hukum Pidana
Publisher : Universitas Islam Negeri Raden Fatah Palembang

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (375.645 KB) | DOI: 10.19109/tazir.v4i2.8543

Abstract

With regard to Decision Number: 1632 / Pid.Sus.2018 / PN.PLG Regarding Providing Illegal Data to Obtain Travel Documents According to Undang-Undang Nomor 6 Tahun 2011 Tentang Keimigrasian, it is necessary to study the basis for judges' considerations in deciding the case. In addition, the author also intends to analyze it from the point of view of Islamic criminal law. The method used in this research is a library research approach. The data source used is secondary data consisting of primary legal materials, secondary legal materials, and tertiary legal materials. The results of the research show that the criminal sanctions in the Criminal Act deliberately provide invalid data to obtain the Travel Documents of the Republic of Indonesia in Decision Number: 1632 / Pid.Sus / 2018 / PN.PLG is 8 (eight) months imprisonment and a fine of Rp. .5,000,000, - (five million rupiah) provided that if the fine is not paid, it is replaced by imprisonment for 3 (three) months. Meanwhile, according to Islamic Criminal Law, Ta'zir punishments are imposed in the form of volume punishment and exile punishment. Keywords: Data Falsification, Falsification of Immigration Documents, Ta'zir.
Criminal Liability of Children from the Perspective of Islamic Law and Positive Law in Indonesia Akhmad Sukris Sarmadi; Arne Huzaimah; Jalaluddin Jalaluddin; Lahmudinur Lahmudinur; Agus Bambang Nugraha; Karimuddin Abdullah Lawang
JURNAL AT-TURAS Vol 10, No 1 (2023): Moderation of Religion and Islamic Law
Publisher : Universitas Nurul Jadid

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33650/at-turas.v10i1.5497

Abstract

The position of children as legal subjects will certainly become a problem that needs to be studied in more depth. Children who physically and psychologically still need care and guidance in order to achieve perfect growth, precisely when dealing with the law will certainly experience psychological and even physical changes in a bad direction. In the case of children as legal subjects, there is a difference between Islamic law and positive law in Indonesia because of the different objectives of establishing and enforcing the law itself. To examine this problem, qualitative research methods are used with a normative juridical approach. The data collection technique was carried out using the documentation method, in which data was collected from fiqh literature and laws related to juvenile crimes, then analyzed using the content analysis method. The results of the study show that children according to Islamic law are not subject to criminal punishment because punishment in Islam is imposed on people who are mature (adults), have good sense and criminal acts are not carried out by force. However, in Islam if a child performs jarimah, a ta'zir punishment will be imposed as guidance and teaching for the child. Meanwhile, according to positive laws in Indonesia, the punishment system is different from adults.
Disregarding the Reproductive Rights of Women in Child Marriage in Indonesia Arne Huzaimah; Muhammad Abdillah; Nur Quma Laila; M. Tamudin; Tri Marhaeni Puji Astuti
Samarah: Jurnal Hukum Keluarga dan Hukum Islam Vol 7, No 2 (2023)
Publisher : Islamic Family Law Department, Sharia and Law Faculty, Universitas Islam Negeri Ar-Raniry

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22373/sjhk.v7i2.17392

Abstract

The phenomenon of child marriage frequently disregards children's reproductive rights. This study aims to explain the negligence of reproductive rights in child marriages by examining practices, factors, and the impacts of such neglect on girls' human rights. This paper employs a qualitative descriptive approach, and the data was gathered through the use of keywords to search the term "neglect of women's reproductive rights in child marriage”. The data was analyzed by reducing, describing, and interpreting the data in depth in order to reach a conclusion. This paper demonstrates that the practice of child marriage not only places females in a disadvantageous position, but also has an impact on reproductive rights, which has negative repercussions for survival, such as miscarriage, baby blues syndrome, and death. It is also anticipated that this paper can serve as a resource for conducting research on child marriage and the neglect of girls' reproductive rights from a broader and more multidisciplinary perspective, so that it can be used as a basis for formulating firm policies on reproductive rights
Urgensi Penerapan Lembaga Dwangsom (Uang Paksa) Pada Perkara Hadhânah di Pengadilan Agama dalam Perspektif Maqâshid al-Syarî’ah Huzaimah, Arne; Aziz, Syaiful
al-'adalah Vol 15, No 1 (2018): Al-'Adalah
Publisher : Universitas Islam Negeri Raden Intan Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24042/adalah.v15i1.3383

Abstract

This article discusses the implemention of the forced money (dwangsom institution) in the hadhânah case in the Religious Courts from the perspective of maqâshid al-shariah. This study found that the application of dwangsom sentences for hadhânah cases is very important to be applied, especially to the defendant who objects to carrying out court decisions; or default to the agreement; or there will be difficulties at the time of execution; or the plaintiff suffers a loss. In addition, implementing dwangsom in the hadhânah case will pave the way for the benefit of children who are still in the process of growth even though their parents divorce. Therefore, even if not asked by the plaintiff, the judge himself can decide the dwangsom sentence to the defendant to ensure the fulfillment of the needs of the children.
Co-Authors Agus Bambang Nugraha Akhmad Sukris Sarmadi Andriyani Andriyani Aziz, Syaiful Hijriyana Safithri Indra Prayoga Irma Oktaviani Jalaluddin Jalaluddin karimuddin Lahmudinur Lahmudinur M Tamudin Muhammad Abdillah Muhammad Oki Nugroho Napisah Napisah Nur Quma Laila Oki Nugroho, Muhammad Qodariah Barkah Silfa Afriyani Siti Rochmiyatun Syaiful Aziz Tri Marhaeni Puji Astuti Zulmi Ramdani