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All Journal Jurnal Hukum dan Peradilan Al-Istinbath: Jurnal Hukum Islam International Journal of Law Dynamics Review
Imron Rosyadi
Universitas Islam Negeri Sunan Ampel Surabaya
Religion Economics, Econometrics & Finance Environmental Science Law, Crime, Criminology & Criminal Justice

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Criminal Liability Against Perpetrators of HOAX Spread in Indonesia Imron Rosyadi
International Journal of Law Dynamics Review Vol. 1 No. 1 (2023): May
Publisher : Nursyam Centre

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62039/ijldr.v1i1.5

Abstract

The purpose of this article is to explain and examine the responsibility of perpetrators in the criminal act of disseminating information in the form of misleading fake news, especially based on Law Number 11 of 2008, let alone the blurring of norms related to the phrase fake and misleading news. One of the main problems of crime that occurs in society is the use of social media so the government needs to support the development of information technology through legal infrastructure and regulation so that the use of information technology must be carried out safely to prevent its misuse by taking into account the religious and socio-cultural values of the Indonesian people. This article is in the form of normative juridical research that is useful for finding solutions to legal issues that are the focus of study. The results showed that the perpetrators of spreading false news apply the principle "what must be proven is about the inability to be criminally responsible, and not about the ability to be criminally responsible" so that it can produce a fair legal decision as well as certainty and usefulness. If proven, the perpetrator can be sentenced based on the provisions in Article 28 paragraph (1) of the Electronic Information and Transaction Law with criminal threats based on Article 45A paragraph (1) of Law 19 Number 2016 with a maximum imprisonment of 6 (six) years and/or a maximum fine of IDR 1 billion.
Navigating Stigma and Discrimination: Betrothal Challenges Faced by Descendants of Leprosy in Madura, Indonesia Fahruddin Ali Sabri; Imron Rosyadi; Mohammad Isfironi; Mukhammad Nur Hadi; M Sulthon; A. Mufti Khazin
AL-ISTINBATH : Jurnal Hukum Islam Vol 8, No 2 November (2023)
Publisher : Institut Agama Islam Negeri Curup

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.29240/jhi.v8i2.6905

Abstract

This article aims to uncover stereotypes against lepers and their descendants by impacting difficulties in finding a potential partner and the risk of being abandoned by a potential partner. This clearly cannot be underestimated and is part of the State and non-state actors’ responsibilities in protecting human rights based on Islamic law. This article used ethnography as a methodology of research when dialogue and observation were used as research techniques.  This study’s findings revealed that the descendants of lepers were considered a threat to the survival of their descendants, so they got discriminatory treatment, exclusion, stigmatization, exile, and inequality which in turn could interfere with their dignity. The Dhohiri School had a different view out of the four Schools of Islamic law namely Hanafi, Maliki, Shafi'i, and Hanbali, where this School rejected divorce because of disability in any form. Dhohiri School had shown partiality and respect for the human rights of lepers and their descendants to engage in Betrothal and marriage without any discrimination, exclusion, stigmatization, banishment, or inequality of any kind. The alignment of the Dhohiri School is in line with the State and non-state actors’ efforts to minimize the inhumane and terrible treatments of people with leprosy and their descendants.
The Effectiveness of Correctional Institutions for Children, Female, and Elderly Inmates in Sidoarjo District Sri Warjiyati; Imron Rosyadi; Zeti Nofita Sari; Fariza MD Sham
Jurnal Hukum dan Peradilan Vol 12, No 3 (2023)
Publisher : Puslitbang Hukum dan Peradilan Mahkamah Agung RI

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25216/jhp.12.2.2023.%p

Abstract

Correctional Institutions are institutions implementing the criminal system whose function is to develop correctional inmates, including, in this case, women who are serving sentences and required to participate in the entire series of training activities in correctional institutions. In this case, the effectiveness of coaching prisoners can provide a good role model for others, especially prisoners of female, children, and the elderly. Then, the supporting factors can be used as examples to become even better in the future, and better solutions can be found for factors that can hinder development. This research aims to determine the pattern of coaching females, children, and elderly prisoners and to determine the factors that inhibit and support coaching. Synergy is needed between all parties involved, starting from prisoners, correctional officers, and related agencies, in cooperating with each other in carrying out training for female, child, and elderly prisoners to overcome problems in the implementation of training for female, child, and elderly prisoners, For this reason, it is necessary to carry out treatment and guidance to achieve better goals, and if the convict leaves, he will create an independent character and have a better leadership spirit.
Co-Authors A. Mufti Khazin Fahruddin Ali Sabri Fariza MD Sham M Sulthon Mohammad Isfironi Mukhammad Nur Hadi Sri Warjiyati Zeti Nofita Sari