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LEGITIMASI: Jurnal Hukum Pidana dan Politik Hukum
Published by Universitas Islam Negeri Ar-Raniry Banda Aceh
ISSN : 20888813     EISSN : 25795104     DOI : 10.22373/legitimasi
Core Subject : Social,
Law, Crime, Criminology & Criminal Justice
The Legitimasi Journal (the Journal of Criminal and Political Law) published biannually in January and July, is published by the Faculty Shariah and Law UIN Ar-Raniry Banda Aceh. Its purpose is to promote the study of criminal law and Islamic law in general and to discuss discourses of the development of criminal law and government policies in various perspectives. It is also to help in the understanding of criminal law and politic of law in Indonesia.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 10 Documents
 1 
Search results for , issue "Vol 11, No 2 (2022)" : 10 Documents clear
Eksistensi Politik Hukum Li dan Fa Dalam Ajaran Cina Nana Supena; Taufiqurrohman Syahuri
Legitimasi: Jurnal Hukum Pidana dan Politik Hukum Vol 11, No 2 (2022)
Publisher : Islamic Criminal Law Department, Faculty of Sharia and Law, UIN Ar-Raniry

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22373/legitimasi.v11i2.14305

Abstract

This study examines the existence of Li and Fa in the Chinese legal system and legal politics. This research uses a normative legal methodology based on a historical methodology. According to the findings of the study, the legal system and Chinese legal politics emphasize the terms Li and Fa, which, in essence, allude to Li's teachings, which emphasize a set of ethical or moral standards that regulate patterns of human behavior and must be adhered to by every individual. In the meanwhile, Fa is a written law that every Chinese citizen must respect. In essence, this concept is a law that is intrinsic to the state, applies universally and without exception, and is codified in statutes. These two terms became the standard for the development of China's legal system and legal politics. Indirectly, China, which adheres to communism, follows the standards of morality and the law as a guide for life.
Pengangkatan Anak tanpa Penetapan Mahkamah Syar’iyah: Aktivitas Sosial, Kepastian Hukum di Nagan Raya, Aceh Syarifah Rahmatillah; Mahlil Ridwan
Legitimasi: Jurnal Hukum Pidana dan Politik Hukum Vol 11, No 2 (2022)
Publisher : Islamic Criminal Law Department, Faculty of Sharia and Law, UIN Ar-Raniry

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22373/legitimasi.v11i2.15791

Abstract

Child raising is the transfer of the legal position of the child from the parent to the parent. In practice, the raising of children is usually carried out by persons who, in their marriage, do not produce offspring. The process of raising children in Indonesia has been regulated in PP No. 54 of 2007 on the Enforcement of Child Abduction and Permensos No. 110 of 2009 on the Conditions of Deprivation of Children. However, in practice, many children are raised by society in ways that are not in accordance with the rules. The problem that is investigated in this script is how the raising practices are carried out by the people of Kecamatan Tadu Raya and how the review of the Indonesian legal system is related to the implementation of the raising of children carried out in Kecamatan Tudu Raya. In this study, the author uses the method of the Yuridis empirical approach, which is to study the norms or rules that form the foundation and see the application of these rules in the life of society. The findings of this study revealed that child raising in the district of Tadu Raya is only implemented through the process of oral agreement between the parent raising with the parent of the child with the factor has not yet had children in the family, as well as the economic factor of the family raising the sense of disappointment to raise the child, the parent is also positioned as a child even though the relationship with the parents of his child is not decided. According to the Indonesian legal system, the practice of raising a child is not in accordance with positive law and Islamic law. So the practice of raising children in the Tadu Raya is only a social activity that does not follow the applicable legal process.
Perlindungan Hukum Korban Tindak Pidana Tabrak Lari di Serang Kota Anindya Sekar Kirana; Fuqoha Fuqoha; Fitria Agustin
Legitimasi: Jurnal Hukum Pidana dan Politik Hukum Vol 11, No 2 (2022)
Publisher : Islamic Criminal Law Department, Faculty of Sharia and Law, UIN Ar-Raniry

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22373/legitimasi.v11i2.14934

Abstract

A traffic accident in which the perpetrator is not responsible, leaving the victim alone without stopping the vehicle, and not providing assistance is called a hit-and-run. The crime of hit and run is a problem that needs to be addressed because it is an immoral act and harms others. This thesis will be discussed Police Efforts in protecting hit-and-run victims in the Serang City Region and the Police's efforts to deal with obstacles in protecting hit-and-run victims in the Serang City Region. The research method used is empirical juridical, namely examining applicable legal provisions with data obtained in the field, namely the Serang City Police Resort, in the form of processing data on hit-and-run cases by the police and interviews to obtain information about the factors causing the hit-and-run crime, as well as the handling process. by the police in this case. The handling of the hit-and-run by the police is after receiving a report of a traffic accident, going directly to the crime scene (TKP), collecting evidence, and making an official report at the crime scene. After finding the culprit, an investigation is carried out, if an investigation into the hit-and-run case has been carried out and not found sufficient evidence, then the investigation is terminated (SP3). However, if the perpetrator has not been found, the investigation will continue until the perpetrator is found. In handling hit-and-run criminal cases, the police often experience obstacles, including the lack of evidence and witness statements, and the lack of infrastructure and human resources in the traffic unit which results in delays in handling hit-and-run accidents in the Serang City Police District.
Sexual Harassment in Cyberspace in the Perspective of Islamic Criminal Law and National Law Abdul Syatar; Kurniati Kurniati; Rindi Rindi; Arif Rahman Ramli
Legitimasi: Jurnal Hukum Pidana dan Politik Hukum Vol 11, No 2 (2022)
Publisher : Islamic Criminal Law Department, Faculty of Sharia and Law, UIN Ar-Raniry

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22373/legitimasi.v11i2.15007

Abstract

Sexual harassment in verbal and non-verbal forms has become increasingly prevalent globally. This study revealed cases of sexual harassment in cyberspace in accordance with National Law regulations in Indonesia on immortality, such as the Criminal Code and Law Number 4 of 2008 concerning Pornography and Law Number 13 Of 2006 on Legal Protection of Witnesses and Victims. Meanwhile, in the Islamic legal order, sexual harassment in cyberspace is seen in the discussion of the Jinayah Fiqh, classified as jarimah takzir and contains elements of abomination or insulting acts. The legal protection for victims of sexual harassment in Islamic law is in the form of imposing sanctions on perpetrators, which the government determines following the magnitude of their crime. The hope of strengthening immoral punishment has become necessary for Indonesia by considering the spirit and value embodied in Islamic criminal law.
Sanksi terhadap Praktik Bullying di Pesantren Kota Padangsidempuan Seva Mayasari; Toguan Rambe
Legitimasi: Jurnal Hukum Pidana dan Politik Hukum Vol 11, No 2 (2022)
Publisher : Islamic Criminal Law Department, Faculty of Sharia and Law, UIN Ar-Raniry

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22373/legitimasi.v11i2.15267

Abstract

Bullying is an event that is so worrying because it occurs in educational institutions such as Islamic boarding schools. The background to the occurrence of bullying is due to the different characters of the students, their age or level of education, and the culture of their family origin. With these various differences in the background, life in Islamic boarding schools is full of diversity, but problems can also arise, one of which is bullying. The location of this research is at the Padang Sidempuan Islamic Boarding School, namely Al Ansor Padangsidempuan Islamic Boarding School and Darul Ikhlas H. Abdul Manap Siregar Padang Sidempuan Islamic Boarding School. This study aims to find out how bullying occurs in Islamic boarding schools in Padang Sidempuan City and how to deal with it. Data collection techniques used were observation, interviews, focus group discussions (FGD), and documentation. Data analysis is used with qualitative descriptive analysis. The results of this study show that the forms of bullying that occur are physical bullying, verbal bullying, psychological bullying, and social bullying. To deal with bullying that occurs in Islamic boarding schools, those schools carry out two actions: first, preventive action, which consists of Islamic boarding school religious activities; and second, repressive action, which means that if there is a complaint of bullying, the person concerned will be called to the BK room and processed. If proven guilty, sanctions will be given according to what was violated. The sanctions given are in accordance with what was agreed upon at the beginning of entering the hut. Starting from physical sanctions, summoning parents, even expulsion from the hut. So far, the two Islamic boarding schools have never reached the realm of the law (court). Most are resolved amicably or according to the rules that apply in Islamic boarding schools.
Jaminan Perlindungan Hukum Anak: Optimalisasi Unit Perempuan dan Anak Institusi POLRI Muhammad Ridho Sinaga
Legitimasi: Jurnal Hukum Pidana dan Politik Hukum Vol 11, No 2 (2022)
Publisher : Islamic Criminal Law Department, Faculty of Sharia and Law, UIN Ar-Raniry

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22373/legitimasi.v11i2.16064

Abstract

This article discusses the existence of women’s and children’s units. The Women and Children Unit is responsible for providing services in the form of legal protection for women and children as victims of crime and law enforcement against their perpetrators. At present, the child, as the perpetrator of other violations of the law, is investigated according to the field of violations committed by the child and not dealt with by the Women and Children Unit. The focus of this article is on how the position and authority of the Women and Children Unit are based on Regulation No. 10 of 2007 on the Organization and Organization of Women and Children Units, as well as the urgency of the reform of criminal law through the powers of the Women and Children Unit. The research method is the juris-normative study of law. The findings of the research show that the Women’s and Children’s Units were given authority on the basis of Article 11 of Capolri Regulation No. 3 of 2008. This rule provides special protection and treatment for children who commit certain criminal acts, both as victims and as perpetrators of certain crimes. The uncertainty of the Women's and Children's Units in the process of handling children in terms of the investigation of the child of a criminal offense caused a large number of children to be involved in the investigation and investigation process, which was carried out by adult investigators and not children. With the impact caused in the process of handling the child, the offender’s conduct is considered inappropriate or less relevant. The provisions on the treatment of children of perpetrators in the case of investigation and investigation of children should be reformulated so that the child is protected from the negative impacts that may affect the fulfillment of the objectives of the child criminal justice system.
Restoratif Justice, Diversi dan Peradilan Anak Pasca Putusan Mahkamah Konstitusi Nomor 110/Puu-X/2012 Dedy Sumardi; Mansari Mansari; Maulana Fickry Albaba
Legitimasi: Jurnal Hukum Pidana dan Politik Hukum Vol 11, No 2 (2022)
Publisher : Islamic Criminal Law Department, Faculty of Sharia and Law, UIN Ar-Raniry

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22373/legitimasi.v11i2.16010

Abstract

The Constitutional Court, by Decision No. 110/Law-X/2012, repealed Articles 96, 100, and 101 of Law No. 11 of 2012 on the Child Criminal Justice System, which establishes penalties for judges, prosecutors, and investigators who do not seek discrimination against children who face the law. These provisions have no more binding legal force for judges, police, and prosecutors who do not perform their duties. The study focuses on the implementation of diversity and the impact of child protection before and after the Constitutional Court rulings. The interview data is obtained from the Banda Aceh State Court, supported by library data, and analyzed using a juridico-empirical approach. Based on the analysis of the data, it was found that the execution of diversion in the Banda Aceh State Court before the birth of the decision of the Constitutional Court Number 110/PUU-X/2012 was in accordance with the regulations of the laws in force and was accompanied by the threat of criminal offenses. After the birth of the judgment of the Constitutional Court, the execution of differences is an obligation that must be carried out by the judge but is not accompanied by the threat of a criminal offense for a judge who does not perform it. The impact of the ruling of the Constitutional Court is that there is no criminal threat to the judge, JPU, and investigator because the Constitutional Court ruling has declared Articles 96, 100, and 101 to have no binding legal force. Nevertheless, the duty of diversification remains a duty that must be enforced by law enforcement.
Implementasi Rehabilitasi Medis dan Sosial Terhadap Narapidana Narkotika Pada Lembaga Pemasyarakatan Zainab Ompu Jainah; Yoga Dwi Anggara
Legitimasi: Jurnal Hukum Pidana dan Politik Hukum Vol 11, No 2 (2022)
Publisher : Islamic Criminal Law Department, Faculty of Sharia and Law, UIN Ar-Raniry

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22373/legitimasi.v11i2.14750

Abstract

One of the development activities for inmates is the provision of medical rehabilitation and social rehabilitation for drug offenders. Implementation of medical and social rehabilitation for drug offenders at Class II B Gunung Sugih Prison in accordance with Director General of Prisons Order No. PAS-36.OT.02.02 of 2020 about Correctional Service Standards is the focus of this research. This study examines the adoption of medical and social rehabilitation programs for drug offenders. What obstacles impede the implementation of medical and social rehabilitation programs for drug offenders? This study employs a normative and empirical legal methodology. The findings indicate: The execution of medical and social rehabilitation for drug convicts begins with an assessment of the client's concerns so that medical and social rehabilitation can be applied promptly. Acceptance occurs after determining the nature of the client's problem, as well as his or her physical, psychological, social psychological, and level of expertise, while simultaneously assigning the client to several sorts of programs. The purpose of social and skill mentoring is to improve client interaction patterns, preserve emotional stability, build a sense of responsibility and discipline, and foster the desire to become a better individual. Insufficient medical equipment and infrastructure of buildings and special rooms prevent medical and social rehabilitation from taking place. There are drug users in prison who suffer from serious diseases and a lack of family support.
Amnesti: Hak Prerogatif Presiden dalam Perspektif Fiqh Siyasah Mutiara Fahmi Razali; Azmil Umur; Sinta Kartika Putri
Legitimasi: Jurnal Hukum Pidana dan Politik Hukum Vol 11, No 2 (2022)
Publisher : Islamic Criminal Law Department, Faculty of Sharia and Law, UIN Ar-Raniry

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22373/legitimasi.v11i2.15218

Abstract

This article examines the granting of amnesty to perpetrators of political crimes by the President of the Republic of Indonesia. This authority is regulated in the Basic Law of the Republic of Indonesia, 1945, Article 14 paragraph (2), and Emergency Law Number 11, 1954, Article 1 on Amnesty and Abolition. Both of these rules do not specifically describe the limitations or types of criminal acts that amnesty may be granted to. The amnesty granted by the President to Baiq Nuril, a victim of sexual harassment involved in cases of infringement of the Information and Electronic Transactions Act, was carried out on the basis of humanity and justice. This policy has influenced the historical changes in amnesty law aimed at non-political cases. The study aims to examine the authority of the President of Indonesia in granting amnesty, reviewed from a fiqh siyasah perspective. Data is obtained through library studies and analyzed using a normative or doctrinal approach. The results of the study show that the granting of amnesty by the president is a prerogative of the president, as stipulated in the Basic Law of the Republic of Indonesia 1945. But in fiqh siyasah, the essence of amnesty is forgiveness. Forgiveness is the prerogative of the head of state, aimed at creating greater crimes, and does not violate the provisions of the law that have been established. The President's policy of granting amnesty in non-political cases is in accordance with the provisions of the fiqh siyasah, because the concept of amnesty in the law and the notion of forgiveness in the fiqh siyasah are equally based on the interests of the state and the crime of the community. Historical facts show that the Prophet Muhammad and the caliphs after him gave forgiveness to rebels, war criminals, and non-political criminals.
Kewajiban Penyegeraan Pendaftaran Haji: Kajian Fatwa Majelis Ulama Indonesia Nomor 5 Tahun 2020 Tarmizi M. Jakfar; Muji Mulia; Yusrizal Yusrizal
Legitimasi: Jurnal Hukum Pidana dan Politik Hukum Vol 11, No 2 (2022)
Publisher : Islamic Criminal Law Department, Faculty of Sharia and Law, UIN Ar-Raniry

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22373/legitimasi.v11i2.17676

Abstract

Based on information from Susenas 2017, there are about 13 million Indonesian Muslims who are already economically well-off for the hajj list, but do not register for the hajj. In response to this, MUI has issued a fatwa for people aged 60 to register immediately, worried about running out of fees and making up hajj and MUI stipulates that it is forbidden for them to delay. The research questions are: how is MUI's consideration in determining the obligation to immediately register for hajj for those who meet the criteria and how is MUI's consideration in determining the prohibition of delaying for those who meet the criteria. This research is classified as a type of qualitative research and is included in the normative study and the process of collecting data using the literature method is then analyzed with a descriptive analysis approach. The results found are that it is mandatory for people aged 60 years to register for Hajj immediately because of the hadith that states the average age of the Prophet Muhammad's people is 60-70 years, while the waiting period for departure is very long, for people who are worried about running out of money because it is analogous to the obligation to leave on Friday. at, and for qada hajj because there is a consensus of friends. As for the consideration of the prohibition of postponing the age of 60 because it is a sin to neglect worship, for people who are worried about running out of hajj fees because they violate the law from the results of analogies and for those who make up qada because they consider the consensus of friends.

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