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All Journal Al-Daulah : Jurnal Hukum dan Perundangan Islam Al-Jinayah: Jurnal Hukum Pidana Islam
titik triwulan tutik
Universitas Islam Negeri Sunan Ampel Surabaya
Law, Crime, Criminology & Criminal Justice

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Pembaharuan Hukum Tata Negara Indonesia Dalam Rangka Mewujudkan Cita Negara Hukum Nasional titik triwulan tutik
Al-Daulah: Jurnal Hukum dan Perundangan Islam Vol. 8 No. 2 (2018): Oktober
Publisher : Prodi Siyasah (Hukum Tata Negara) Fakultas Syariah dan Hukum UIN Sunan Ampel Surabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (482.002 KB) | DOI: 10.15642/ad.2018.8.2.373-398

Abstract

Legal products or legislation as objects of Constitutional Law contain elements of dynamics that are closely related to the movements and needs of individuals in society and the growth of state organizations. Considering the interrelation between Constitutional Law and social changes, it is obvious that what is important in Constitutional Law is not just studying the Constitution and legislation, but more pressure should be given to the process of the Act. In this context, awareness and renewal of ways of thinking in the field of Constitutional Law are needed so that the legal narrowness caused by the lack of extensive legal treasury no longer appears in the form of legal thinking or mere juridisch denken, which results in a narrow mindset in the form of imitating the rules. rules only. Constitutional law not only pays attention to a formal perspective, but also a functional angle, so that it will always be dynamic.
Tinjauan Tindak Pidana Ujaran Kebencian Menurut Undang-Undang No. 11 Tahun 2008 Dalam Prespektif Perbandingan Hukum Titik Triwulan Tutik
Al-Jinayah: Jurnal Hukum Pidana Islam Vol. 4 No. 2 (2018): Desember 2018
Publisher : Prodi Hukum Pidana Islam Fakultas Syari’ah dan Hukum Universitas Islam Negeri Sunan Ampel Surabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (4932.456 KB) | DOI: 10.15642/aj.2018.4.2.410-431

Abstract

Arrangements regarding the hate speech in positive law are regulated in Article 28 paragraph (2) of the Electronic Information and Transaction Law Number 11 of 2008 and Article 45A paragraph (2) of Law Number 19 Year 2016 concerning Amendment to Law Number 11 Year 2008 concerning Information and Electronic Transactions still raises a multi-interpretive understanding or vague norm. This saw the reality in the community that dealing with cases related to hatred on social media is still difficult to overcome. Second, the normalization of criminal sanctions in the ITE Law is a false norm, because the criminal sanctions should be in the Criminal Code - this is because the KTE Law is an administrative law. Islamic law which is guided by the Qur'an and al-Hadith also gives a limit to the meaning of hate speech as an act of tyranny so that ta'dzir sanctions apply to it. Based on this fact in the future, the ITE Law is expected to be able to meet and meet the expectations of the community. This is so that the public knows the limitations in using social media and so that the community knows the actions that can be considered as violating the rules. Also needed is the provision of understanding and understanding related to hatred and elements of SARA.
Pemidanaan Kepala Daerah yang Terduga Korupsi Akibat Operasi Tangkap Tangan oleh Komisi Pemberantasan Korupsi Titik Triwulan Tutik
Al-Jinayah: Jurnal Hukum Pidana Islam Vol. 7 No. 1 (2021): Juni 2021
Publisher : Prodi Hukum Pidana Islam Fakultas Syari’ah dan Hukum Universitas Islam Negeri Sunan Ampel Surabaya

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Abstract

The Hand Arrest Operation (OTT) against Regional Heads suspected of committing criminal acts of corruption is a juridical authority given to the KPK in the context of efforts to eradicate corruption. OTT by the KPK can only be carried out with the following conditions: First, as long as there is “preliminary evidence”, “sufficient preliminary evidence”, and “sufficient evidence”. Second, continue to uphold human rights to the suspect. The prosecution of regional heads who are suspected of committing criminal acts of corruption through the KPK's Hand Arrest Operation (OTT) is carried out in three forms. First, the death penalty as regulated in Article 2 paragraph (2) of the 1999 PTPK Law in conjunction with the Corruption Act 2001. Second, imprisonment and fines, which are regulated in Article 5, Article 6, Article 7, Article 8, Article 9, Article 10, Article 11 and Article 12 of the Corruption Act 1999 in conjunction with the Corruption Act 2001. Apart from that, it is also provided for in Article 55 Paragraph 1 to 1 of the Criminal Code. Third, the additional penalty for substitute money is regulated in the Supreme Court Regulation Number 5 of 2014 concerning the additional penalty for Corruption Crimes. Given that corruption is an extraordinary crime and its prevention requires special steps. Therefore, it is necessary to synchronize the rule of law between the Criminal Procedure Code and the Corruption Act in supporting the existing legal system to be more effective.
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