Albayan Journal of Islam and Muslim Societies
Journal Title Albayan : Journal of Islam and Muslim Societies ISSN/E-ISSN 3064-6219 DOI Prefix - Editor in Chief Dr. Muhammad Ilham, MSI. Publisher Yayasan Dar Arrisyah Indonesia Frequency April & October Citation Analysis Google Scholar Albayan Journal of Islam and Muslim Societies (AJIMS) is an international peer reviewed journal published by Yayasan Dar Arrisyah Indonesia. AJIMS has the primary academic mission to develop various Islamic studies based on contemporary Islamic perspective, particularly in Indonesia, and Commonly in Asia and Middle East. The Islamic perspective is "how-view" oriented to Islam's values, which is the methodological foundation for the entire discipline of Islamic sciences. This journal also has programs aimed at bridging the gap between the textual and contextual approaches to Islamic Studies and solving the dichotomy between ‘orthodox’ and ‘heterodox’ Islam. The two were linked: the textual tradition showed that Islam was, as well as a set of religious tenets, a way of approaching the practical economic and social challenges of life. So, this journal invites the intersection of several disciplines and scholars. In other words, its contributors borrowed from a range of disciplines, including the humanities and social sciences. AJIMS, published twice a year (June and December), always places Islam and Muslim in the central focus of academic inquiry and invites any discussions as the aim and scopes. It has published the articles since 2024. AJIMS invites scholars from all over the world to submit highest quality research articles related to: (1) Islamic theology; (2) Islamic law; (3) Islam and Gender; (4) Islamic education; (5) Islamic mysticism and philosophy; (6) Islamic economics; (6) Study of tafsir and hadith; (7) Islam and Science; and (8) Islamic art and history in Indonesia, Asia and the Middle East. (9) Laws and Social Sciencies related to Islam and Muslim Societies. All submitted articles must be written in Indonesia, English, or Arabic, original, have never been published elsewhere, and not under consideration for other publications. For checking originality of manuscripts, AJIMS Editorial Board will screen plagiarism using Turnitin Program. Only selected articles will be published twice a year (April and October).
Implementasi Prinsip Keadilan dalam Kebijakan Otonomi Khusus Papua Tinjauan Fiqih Siyasah Dusturiyah
The Special Autonomy Policy for Papua was established as a constitutional instrument to address development disparities, socio-political conflicts, and the marginalization of indigenous Papuans within the national governance system. This study aims to analyze the implementation of the principle of justice in the Special Autonomy Policy for Papua through the perspective of fiqh siyasah dusturiyah. This study employs a qualitative approach using a literature review method. Data were obtained from various academic journals discussing special autonomy, social justice, indigenous peoples’ rights, decentralization, development in Papua, and the concept of justice in Islamic law. The research findings indicate that the implementation of the Papua Special Autonomy Policy has not fully reflected the principles of substantive justice as developed in fiqh siyasah dusturiyah. Development disparities, weak participation of indigenous communities, budget distribution issues, and low oversight effectiveness are the main factors hindering the realization of social justice in Papua. From the perspective of constitutional political jurisprudence, the government bears a moral and constitutional responsibility to ensure the public welfare through policies that are fair, transparent, and oriented toward the people’s well-being. The principle of justice in Islam emphasizes a balance of rights and obligations, protection of vulnerable groups, and equitable development without discrimination. Therefore, the implementation of Papua’s Special Autonomy requires strengthening of governance, budget oversight, empowerment of indigenous communities, and the reconstruction of policies to be more participatory so that the goal of social justice can be optimally achieved.
Keadilan, Otonomi Khusus Papua, Fiqih Siyasah Dusturiyah, Pemerintahan Daerah, Kebijakan Publik.
Copyright (c) 2026 Albayan Journal of Islam and Muslim Societies https://creativecommons.org/licenses/by-sa/4.0
Transformasi Hukum Perceraian dalam Sistem Hukum Islam dan Hukum Positif Indonesia: Analisis Maqāṣid al-Syarī‘ah terhadap Perlindungan Ketahanan Keluarga
Divorce is a legal event that possesses complex religious, social, and juridical dimensions within Indonesian society. From the perspective of Islamic law, divorce is permissible as a last resort when marital life can no longer be maintained. Meanwhile, Indonesian positive law regards divorce as a legal act that must be conducted through judicial proceedings to ensure the protection of the rights of all parties involved. This study aims to analyze the transformation of the concept of divorce in Islamic law into the Indonesian national legal system and to examine its compatibility with the principles of maqāṣid al-sharī‘ah in protecting family resilience. This research employs a normative juridical method using statutory, conceptual, and maqāṣid al-sharī‘ah approaches. The legal materials consist of primary legal sources, including Law Number 1 of 1974 concerning Marriage as amended by Law Number 16 of 2019, the Compilation of Islamic Law, and other relevant regulations, as well as secondary legal materials such as books, scientific journals, and previous studies. The findings indicate that the Indonesian divorce system represents a transformation of Islamic law that prioritizes the protection of women’s and children’s rights through the judicialization of divorce. The requirement that divorce be conducted through the Religious Court does not contradict Islamic principles but rather reflects the implementation of maqāṣid al-sharī‘ah in protecting religion (ḥifẓ al-dīn), life (ḥifẓ al-nafs), lineage (ḥifẓ al-nasl), and property (ḥifẓ al-māl). Therefore, the Indonesian divorce system can be viewed as a form of Islamic legal reform oriented toward family protection and the realization of substantive justice.
Perceraian, Hukum Islam, Dampak Perceraian, Ketahanan Keluarga
Nurhayati Fadillah nurhayatifadillah965@gmail.com
Nepotisme, ketimpangan sosial, dan penegakan hukum selektif dalam kasus korupsi elite politik: Kajian literatur
Nepotism, social inequality, and selective law enforcement in cases of political elite corruption remain significant challenges to the realization of justice and good governance in Indonesia. This study aims to examine the relationship between nepotism, social inequality, and selective law enforcement in the context of political elite corruption through a literature review approach. The study employs qualitative library research by analyzing relevant academic publications published within the last five years, complemented by several foundational theoretical sources. The findings reveal that nepotism contributes to the concentration of power and resources among certain political groups, thereby weakening meritocratic principles and creating unequal access to public opportunities. Such conditions foster social inequality and facilitate corrupt practices among political elites. Furthermore, selective law enforcement exacerbates these problems by providing unequal legal treatment between political elites and ordinary citizens, which undermines public trust in legal institutions and weakens the rule of law. The study argues that nepotism, social inequality, and selective law enforcement are interconnected phenomena that reinforce one another and contribute to the persistence of political corruption. Therefore, strengthening transparency, accountability, merit-based governance, and impartial law enforcement is essential to promoting social justice and improving the effectiveness of anti-corruption efforts in Indonesia. This study contributes to a broader understanding of the structural relationship between political power, corruption, and social inequality within the Indonesian context.
nepotism, social inequality, law enforcement, political elite corruption.
IJARAH, UJRAH, DAN ISTI’JAR DALAM PERSPEKTIF ILMU HADIS DAN HUKUM ISLAM
The rapid development of Islamic economics in Indonesia has intensified the implementation of contracts based on ijārah, ujrah, and isti’jār in various business and financial activities. This article aims to analyze the concepts of ijārah, ujrah, and isti’jār from the perspective of hadith studies and to examine them within the framework of Islamic law. This research employs a qualitative library-based method. The methodology includes thematic hadith exploration, takhrīj al-hadith, sanad criticism, and matn criticism of narrations related to wage payment and leasing practices. The findings reveal that the hadith on ujrah is transmitted through several chains with varying degrees of authenticity; however, its substance does not contradict the Qur’an or other authentic hadiths. The narrations concerning ijārah and isti’jār demonstrate normative legitimacy for leasing and employment contracts, provided that they uphold justice, contractual clarity, and are free from elements of gharar and injustice. From the perspective of Islamic law, ijārah is analogically related to sale contracts since its object concerns usufruct (manfa‘ah), and its original ruling is permissibility unless there is evidence prohibiting it. This study affirms that the fulfillment of ujrah constitutes an imperative obligation linked to the protection of rights and the realization of maqāṣid al-sharī‘ah, particularly in safeguarding property and promoting social justice.
ijārah, ujrah, isti’jār, hadith studies, takhrīj al-hadith, Islamic law.
Copyright (c) 2025 Albayan Journal of Islam and Muslim Societies https://creativecommons.org/licenses/by-sa/4.0
Penyelesaian Sengketa Hasil Pemilihan Kepala Daerah dan Prinsip Keadilan Konstitusional: Analisis Putusan Mahkamah Konstitusi Nomor 152/PHPU.BUP-XXIII/2025 dalam Perspektif Demokrasi dan Nilai Islam
This article examines the settlement of regional head election disputes in Indonesia through an analysis of Constitutional Court Decision No. 152/PHPU.BUP-XXIII/2025 concerning the 2024 Regent Election of Deli Serdang. The study aims to assess how the Constitutional Court resolves electoral disputes within the framework of constitutional justice and to evaluate the decision from the perspective of electoral justice and Islamic values relevant to Muslim societies. Employing a qualitative normative–empirical legal research approach, this article analyzes constitutional provisions, statutory regulations, and the Court’s legal reasoning (ratio decidendi), supported by limited empirical data related to the electoral context. The findings indicate that the Constitutional Court consistently prioritizes procedural justice by strictly applying the vote-difference threshold as stipulated in Law No. 10 of 2016, thereby emphasizing legal certainty and political stability. However, this procedural orientation potentially constrains substantive justice, particularly when claims relate to the quality of the electoral process and voter participation affected by external conditions. From the perspective of Islamic legal and ethical principles—such as ʿadl (justice), amānah (trust), and maslaḥah (public interest)—the decision reflects institutional responsibility and formal legality, yet leaves room for a more socially responsive approach to electoral justice. This article contributes to existing scholarship by integrating constitutional law analysis with Islamic normative values, offering an interdisciplinary perspective on electoral dispute resolution in Muslim societies. It argues that incorporating ethical and social considerations alongside procedural requirements may strengthen public trust and enhance the substantive quality of democratic governance at the local level.
Constitutional Court; Regional Election Dispute; Electoral Justice; Constitutional Democracy; Islamic Values
Copyright (c) 2025 Albayan Journal of Islam and Muslim Societies
Penalaran Hukum (Istinbāṭ) Walimatul ‘Ursy dalam Fikih Syafi’iyah dan Relevansinya terhadap Kompilasi Hukum Islam di Indonesia
Walīmat al-ʿurs constitutes an important socio-religious practice in Islamic marriage, particularly within Muslim societies that adhere to the Shāfiʿī school of law. This article examines the legal reasoning (istinbāṭ) employed by Shāfiʿī jurists in determining the legal status of walīmat al-ʿurs and analyzes its relevance to Indonesia’s Compilation of Islamic Law (Kompilasi Hukum Islam/KHI). Employing a normative legal research method with conceptual and comparative approaches, this study analyzes classical Shāfiʿī legal texts alongside statutory Islamic family law in Indonesia. The findings demonstrate that Shāfiʿī jurists derive the ruling of walīmat al-ʿurs through an integrative mode of legal reasoning that combines textual commands of the Prophet, contextual indicators (qarāʾin), and functional considerations of marriage publicity (iʿlān al-nikāḥ), resulting in its classification as sunnah muʾakkadah. Meanwhile, the absence of explicit regulation on walīmat al-ʿurs in the KHI reflects a legislative choice to prioritize administrative and juridical aspects of marriage over ritual-social practices. This study argues that walīmat al-ʿurs remains epistemologically, normatively, and functionally relevant to the KHI as a form of living Islamic law that complements codified legal norms. The article contributes to Islamic legal scholarship by highlighting the continued relevance of classical Shāfiʿī legal reasoning in understanding and evaluating contemporary Islamic family law in Indonesia.
Perempuan dan Pendidikan: Studi Historis-Kritis Dari Zaman Klasik Hingga Modern Dalam Konteks Pendidikan Islam
This article critically examines the position and role of women in education through a historical and Islamic perspective. The discussion traces the development of women’s education from ancient civilizations, the pre-Islamic era, the classical Islamic period, to the modern and contemporary context. Using a qualitative library research method with a historical-critical approach, this study analyzes normative Islamic texts, historical records, and contemporary scholarly works to explore the gap between Islamic ideals and social practices regarding women’s education. The findings demonstrate that women’s education has strong theological legitimacy in Islam and has played a significant role in the transmission of knowledge and the development of civilization. Furthermore, the emergence of women-only educational institutions reflects adaptive strategies to expand access while responding to socio-cultural contexts. This study argues that strengthening women’s education is not merely a matter of gender equality, but a strategic foundation for building an ethical, knowledgeable, and sustainable society.
women, education, Islamic perspective, history of education, women’s schools.
KHULU' DALAM PERSPEKTIF FIKIH KLASIK DAN IMPLEMENTASINYA DALAM HUKUM POSITIF INDONESIA
Khulūʿ, as a divorce mechanism initiated by the wife through the payment of iwāḍ (compensation) to the husband, is a legal institution deeply rooted in classical Islamic jurisprudence, yet it has undergone significant transformation when adopted into modern legal systems, including that of Indonesia. This study reassesses the concept of khulūʿ across the four Sunni schools of law and compares these doctrinal formulations with its judicial implementation within the Indonesian legal system, particularly through the Kompilasi Hukum Islam (KHI) and the practices of the Religious Courts. Employing a qualitative, library-based research approach combined with doctrinal and comparative legal analysis, this research finds that although the fundamental elements of khulūʿ—such as the requirement of iwāḍ, the absence of the husband’s right to revoke the divorce, the prescribed ʿiddah, and the centrality of mutual consent—are maintained, the Indonesian legal system has formally institutionalized khulūʿ by mandating judicial proceedings, requiring specific grounds for divorce, authorizing judicial intervention in determining iwāḍ when no agreement is reached, and introducing administrative procedures absent from classical fiqh discourse. The study concludes that the Indonesian model of khulūʿ reflects a process of Islamic legal adaptation shaped by the demands of modernity, the administrative needs of the state, and the imperative of protecting women, thereby producing a dialectical relationship between fiqh orthodoxy and contemporary family law regulation.
Khulu', Fikih Klasik, Kompilasi Hukum Islam
Dakwah Digital dan Tantangan Verifikasi Hadis: Studi Terhadap Pemahaman Audiens di Media Sosial
The advancement of information technology has transformed the methods of Islamic preaching (da'wah), positioning social media as a primary platform for disseminating religious messages. Amid the rapid and massive flow of information, the spread of hadiths through digital media faces serious challenges in terms of verification and source authenticity. This study aims to understand how social media audiences perceive the importance of hadith verification in the context of digital da'wah and how such understanding influences their reception of religious content. This research employs a qualitative approach using a case study method, with data collected through in-depth interviews, participatory observation, and content analysis of social media platforms. The analysis is grounded in information reception theory and digital religious literacy. The findings reveal a diversity of audience understanding regarding hadith authenticity, influenced by educational background, trust in digital preachers, and exposure to religious content. The analysis shows that low levels of digital Islamic literacy contribute to the widespread dissemination of inauthentic hadiths. Compared to previous studies and relevant theories, this research emphasizes the need for a systematic enhancement of digital religious literacy. In conclusion, audience understanding of hadith verification remains uneven, highlighting the need for da'wah strategies that are not only informative but also educational within the social media landscape.
digital da'wah; digital literacy; hadith; social media; verification
Urgensi Kajian Tarikh al-Tasyri’ dalam Formulasi Hukum Islam Kontemporer
The study of Tarikh al-Tasyri‘ is a discipline that traces the formation of Islamic law from the prophetic era to the modern age, providing an essential historical framework for formulating contemporary Islamic legal rulings that remain adaptive while rooted in the tradition of the Shari‘ah. This research employs a qualitative, library-based approach to explore the development of Islamic legislation through key phases, beginning with the revelation of the Qur’an, the practices of the Companions, the formation of legal schools, and the transformation of law in the modern nation-state era. The findings indicate that Islamic law possesses dynamic, historical, and contextual characteristics, making an understanding of its historical trajectory crucial for interpreting the law accurately within the context of rapid social change. The integration of Tarikh al-Tasyri‘, maqasid al-shari‘ah, and contemporary ijtihad methodologies forms the epistemological foundation for constructing modern Islamic law that is not only normative but also relevant and responsive to present-day challenges. The novelty of this study lies in utilizing the history of legislation not merely as a descriptive record but as an active epistemological source for formulating contemporary approaches to Islamic legal thought.
Implementasi Konsep Trias Politica dan Peradilan pada Masa Rasulullah SAW serta Khulafaur Rasyidin
This study aims to examine the implementation of the concept of trias politica and the judicial system during the time of the Prophet Muhammad (peace be upon him) and the era of the Rightly Guided Caliphs, with a focus on how the principle of separation of powers was manifested in early Islamic governance. The research employs a descriptive qualitative method through library research, comparing primary sources such as the Qur’an, Hadith, and the Charter of Medina, along with relevant secondary scholarly literature. The analysis is grounded in the theory of separation of powers and the Islamic theory of justice. The findings indicate that during the Prophet Muhammad’s leadership, the concept of trias politica had not yet been formally established. Nonetheless, legislative, executive, and judicial functions were integrated within a single authority, as reflected in the Charter of Medina, which affirms his role as lawmaker, administrator, and judge. In the era of the Khulafaur Rasyidin under Caliph Umar ibn al-Khattab the governmental structure began to show a clearer delineation of powers through the establishment of a more independent judiciary and the reinforcement of procedural justice principles. In conclusion, although a formal separation of powers was not implemented during either period, both the Prophet Muhammad and the Rightly Guided Caliphs upheld fundamental values such as justice, consultation (shura), and the rule of law. These values served as the essential foundations for the development of Islamic governance.
Analisis Yuridis Pidana Penjara dan Rehabilitasi terhadap Pecandu Narkotika Jenis Shabu (Studi Putusan Pengadilan Negeri Sei Rampah Nomor 9/Pid.Sus/2024/PN Srh)
This study analyzes the juridical aspects of imprisonment and rehabilitation for drug addicts, focusing on crystal methamphetamine (“shabu”) abuse as examined in the District Court of Sei Rampah Decision No. 9/Pid.Sus/2024/PN Srh. Using a normative juridical method with a statutory and case approach, this research explores how the principles of punishment and rehabilitation interact within Indonesia’s narcotics legal framework. The findings reveal that the court tends to impose imprisonment instead of rehabilitation, showing a preference for deterrence rather than recovery. Such a stance creates tension between the punitive and therapeutic aspects of criminal justice. The study argues that a restorative and therapeutic justice approach, emphasizing human rights and social reintegration, should be prioritized to realize a humane and balanced narcotics criminal policy in Indonesia.
Criminal Law, Narcotics, Rehabilitation, Imprisonment, Legal Analysis
Copyright (c) 2024 Albayan Journal of Islam and Muslim Societies
Analisis Yuridis Pertanggungjawaban Pidana terhadap Pelaku Penangkapan Ikan dengan Menggunakan Jaring Trawl Secara Illegal (Studi Putusan Nomor 1/Pid.Sus-PRK/2024/PN Mdn)
This research analyzes criminal liability for illegal fishing using trawl nets, based on Decision No. 1/Pid.Sus-PRK/2024/PN Mdn. The study employs a normative juridical method by examining statutory provisions and the judge’s reasoning in imposing sanctions. Findings show that the act of using trawl nets violates the Fisheries Law and environmental principles, as it damages marine ecosystems and threatens sustainable fish resources. The judgment upholds both retributive and preventive goals by punishing the perpetrator while promoting environmental deterrence. The study concludes that legal enforcement in fisheries requires consistency and integration between criminal sanctions and sustainable development policy.
Analisis Yuridis Tindak Pidana Pemerasan dengan Pengancaman (Studi Putusan Pengadilan Negeri Medan Nomor 1625/Pid.B/2024/PN.Mdn)
This study analyzes the legal aspects of extortion accompanied by threats as regulated under Article 368 of the Indonesian Criminal Code, using a case study of Decision No. 1625/Pid.B/2024/PN.Mdn. Employing a normative juridical approach combined with qualitative analysis, the research examines the elements of the criminal act, the evidentiary process, and the judge’s legal considerations. Findings show that the defendant’s actions fulfilled all material and formal elements of extortion by threat. However, discrepancies remain between the theoretical interpretation of coercion and its judicial application. Therefore, the research suggests the need for consistency in sentencing and preventive measures through public legal awareness.
Pertanggungjawaban Hukum Pengemudi Bus Angkutan Umum terhadap Kecelakaan yang Mengakibatkan Penumpang Meninggal Dunia: Analisis Yuridis di Polres Aceh Utara
This study analyzes the legal accountability of public bus drivers involved in traffic accidents causing passengers' death, focusing on the criminal, civil, and administrative dimensions of responsibility. Using a normative-empirical juridical approach, the research examines statutory regulations, police investigation procedures, and court decisions related to fatal road accidents. The findings indicate that although the drivers’ negligence is the primary cause, systemic factors such as vehicle unfitness, weak supervision, and lack of passenger protection contribute significantly. Therefore, effective enforcement requires harmonizing criminal law principles with preventive transportation safety policies and the ethical responsibility of public transport operators.
Mekanisme Penindakan Terhadap Oknum Anggota Polisi yang Melakukan Pelanggaran Kode Etik Oleh Bidang Profesi Dan Pengamanan (PROPAM)
The attitudes and behavior of members of the Indonesian National Police are governed by the Police Professional Code of Ethics as stipulated in Police Regulation Number 7 of 2022. This study examines the legal framework and enforcement mechanisms implemented by Propam against police officers who violate the code of ethics, as well as the challenges and efforts encountered in the process. The research is descriptive-analytical with an empirical juridical approach. Data were collected through literature review and field research at the North Sumatra Regional Police, consisting of both primary and secondary sources. The findings reveal that enforcement against ethical violations includes not only ethical sanctions but also criminal penalties under the Indonesian Criminal Code and administrative sanctions as regulated in Police Regulation No. 7 of 2022. The enforcement process begins with public reports, internal investigations, and hearings before the Police Code of Ethics Commission, which consists of three to five members, including the adjudicator (Ankum), prosecutor, and advisor, all from within the police institution. Challenges include the absence of alleged violators, lengthy trial proceedings, and limitations in internal supervision. This study emphasizes the importance of consistent enforcement by Propam to uphold professionalism and the integrity of the police institution.
Implementasi Sanksi Pidana Dan Etik Terhadap Oknum Anggota Kepolisian yang Melakukan Tindak Pidana Penyalahgunaan Narkotika
This study examines the implementation of criminal sanctions and ethical codes against police officers involved in drug abuse. Law Number 35 of 2009 on Narcotics applies not only to the general public but also to members of the Indonesian National Police. The research focuses on the legal framework for ethical violations, law enforcement mechanisms by the Professional and Security Division (Bidpropam) of the North Sumatra Regional Police, and the challenges faced during enforcement. The study employs normative and empirical juridical approaches, supported by interviews with Aipda M. Ikhwan Hasibuan, a Bidpropam accreditor. Findings indicate that police officers proven to have abused narcotics remain subject to criminal proceedings despite disciplinary or ethical sanctions. Ethical hearings determine further measures, including dishonorable discharge if the imposed criminal sentence exceeds five years. Legal regulations governing these processes are stipulated in Law No. 35 of 2009, Law No. 2 of 2002 and 2003, Government Regulation No. 2 of 2003, and Police Regulation No. 7 of 2022. Obstacles in enforcement include the absence of alleged violators during proceedings and the lengthy duration of court trials. This study underscores that consistent law enforcement against police officers involved in narcotics abuse is essential to uphold the integrity of the police institution.
Copyright (c) 2024 Albayan Journal of Islam and Muslim Societies https://creativecommons.org/licenses/by-sa/4.0
Analisis Yuridis Penyelesaian Tindak Pidana Penggelapan Melalui Pendekatan Keadilan Restoratif (Restoratif Justice)(Studi Putusan Pengadilan Negeri Tanjung Selor Nomor 39/Pid.B/2022/Pn Tjs)
Criminal law practice, which initially emphasized retributive justice, is shifting toward restorative justice, focusing on restoring relationships among victims, offenders, and society. This study examines the legal framework and mechanisms for applying restorative justice under Indonesian law, particularly in embezzlement cases through the District Court Decision of Tanjung Selor No. 39/Pid.B/2022/PN.Tjs. The research is descriptive with a normative juridical approach and qualitative analysis. Findings indicate that restorative justice is regulated under Supreme Court Regulation No. 1 of 2024, emphasizing dialogue, mediation, and reconciliation to achieve fair settlements. In the embezzlement case, the defendant directly apologized to the victim, expressed remorse, and accepted responsibility. The judge’s consideration focused on recovery, resulting in a five-month prison sentence, lighter than the prosecutor’s demand. The study concludes that restorative justice provides a faster, simpler, fairer resolution while reducing the burden on the judicial system. It is recommended that the legal substance of restorative justice be further strengthened and law enforcement officers optimize its implementation by involving community participation and legal culture.
Restorative Justice, Criminal Act, Embezzlement
Analisis Yuridis Tindak Pidana Penyebaran Konten Asusila Berdasarkan Undang-Undang No. 19 Tahun 2016 Tentang Informasi Dan Transaksi Elektronik
Criminal acts of indecency involving the dissemination of indecent photos through social media have a negative impact on society. The research questions include: (1) how are criminal acts of indecency involving the distribution of indecent photos through social media accounts regulated by law; (2) how are perpetrators held accountable; and (3) how do judges consider criminal sanctions against perpetrators, as in Decision Number 483/Pid.B/2019/PN.Amb. This research uses a descriptive literature review method and a normative legal approach analyzed qualitatively. Legal regulations regarding the distribution of indecent photos through social media are contained in the Criminal Code, Law Number 44 of 2008 concerning Pornography, and Article 27 paragraph (1) in conjunction with Article 45 paragraph (1) of Law Number 1 of 2024 concerning the Second Amendment to Law Number 11 of 2008 concerning ITE. The perpetrator's punishment in the verdict was 3 (three) years imprisonment and a fine of IDR 1,000,000,000, with a subsidiary penalty of 2 (two) months imprisonment. The panel of judges found all elements of the criminal offense proven based on evidence, witness testimony, and the defendant's statements. No justifying or exculpatory reasons were found, so the defendant's actions were legally accountable.
Penegakan Sanksi Kode Etik Profesi Kepolisian Terhadap Anggota Polri Melakukan Pungutan Liar
Police officers who commit extortion crimes have violated disciplinary rules and the code of ethics because every member of the Police is obliged to uphold the law and maintain the honor, reputation, and dignity of the Indonesian National Police. The formulation of the problem in this study is how to regulate the law on extortion committed by members of the Traffic Police Unit, how is the accountability of members of the Traffic Police Unit who commit extortion, how to resolve violations of the code of ethics of the Traffic Police Unit who commit extortion. This study is a descriptive analytical study that leads to empirical legal research. The data sources in this study are primary data and secondary data. Primary data is data obtained directly from research at the North Sumatra Regional Police. Data collection tools are library research and field research. The legal regulation of extortion carried out by members of the Traffic Police Unit is regulated in Law Number 2 of 2002 concerning the Republic of Indonesia Police, Law Number 20 of 2001 concerning Corruption Crimes, Presidential Regulation (Perpres) Number 87 of 2016 concerning the Task Force for Eradicating Extortion (Saber Pungli) and the Criminal Code. The weakness of this law is that it does not explicitly regulate sanctions against perpetrators of extortion crimes. The accountability of members of the Traffic Unit who carry out extortion, the North Sumatra Regional Police will take strict action against its members who are proven to have carried out extortion in carrying out services to the community, namely being removed from their positions and not being allowed to carry out traffic duties in the field and being assigned as Casual Daily Employees (PHL). The resolution of violations of the code of ethics of the North Sumatra Regional Police Traffic Unit who carry out extortion is by forming a special team (Timsus) tasked with eradicating police members who carry out extortion (Pungli) while carrying out state duties. This team is tasked with monitoring member activities at the internal and external police levels.
Violations, Code of Ethics, Illegal Levies
Tinjauan Yuridis Penanggulangan Tindak Pidana Kecelakaan Lalu Lintas Oleh Anak Yang Mengakibatkan Matinya Korban
This study aims to determine the discretion in traffic crimes that result in the loss of life of others by children, the implementation of police discretion, as well as obstacles and efforts in its application. The research method uses a normative and empirical legal approach. The normative study examined Law No. 11 of 2012 concerning the Juvenile Criminal Justice System (SPPA) and Law No. 2 of 2002 concerning the Indonesian National Police. The empirical study was conducted by examining the practice of police discretion, particularly at the Indrapura Police Station. The results of the study show that the legal basis for police discretion is found in Article 18 paragraph (1) of the Police Law, which gives the authority to act according to one's own judgment in the public interest. In practice, the police apply a restorative justice model through Alternative Dispute Resolution (ADR) in the form of mediation between the child offender and the victim's family. This mechanism aims to protect the best interests of the child while restoring social relations. The obstacles that arise are the choice of imprisonment or fines as sanctions, where the community prefers fines so as not to cause a deterrent effect, as well as the negative perception of children towards the police due to a lack of legal understanding. In conclusion, police discretion in juvenile traffic cases prioritizes restorative justice, but its effectiveness is limited due to obstacles in legal awareness and the weakness of the applicable sanctions.
Pidana Mati atas Permufakatan Jahat dalam Kejahatan Narkotika: Analisis Putusan PN Medan No. 1957/Pid.Sus/2023/PN Mdn
Criminal conspiracy (samenspanning) in narcotics offenses has become a crucial issue in Indonesian criminal law, particularly when punishable by death penalty. The case of District Court of Medan Decision No. 1957/Pid.Sus/2023/PN Mdn illustrates how the court interpreted the involvement of defendants in an international narcotics network, even though the crime had not yet been fully carried out. This article aims to analyze the juridical grounds for imposing the death penalty in narcotics conspiracy cases and to assess its conformity with justice, legal certainty, and human rights protection. The research applies a normative juridical method through case study analysis, combined with doctrinal review and statutory approaches. Findings indicate that death penalty in narcotics conspiracy often triggers debates between the effectiveness of narcotics eradication and the protection of the right to life, suggesting the need for harmonization between positive law, criminal policy, and international human rights principles.
Analisis Yuridis Tindak Pidana Penggelapan Mobil Rental dengan Identitas Palsu: Studi Putusan PN Palu No. 180/Pid.B/2023/PN Pal
The phenomenon of car rental embezzlement using false identities has emerged as a growing form of crime in line with the increasing demand for rental-based transportation services. This crime not only causes significant financial losses to rental business owners but also raises complex legal issues, involving elements of fraud and identity misuse. This article provides a juridical analysis of the District Court of Palu Decision No. 180/Pid.B/2023/PN Pal, which adjudicated a case of car rental embezzlement using a false identity, employing a normative juridical approach with an emphasis on both substantive and procedural criminal law. The findings highlight the implications of applying Article 372 of the Indonesian Penal Code (KUHP) on embezzlement in relation to Article 263 on forgery. This study contributes to the literature on legal protection for car rental businesses and offers insights into the development of criminal law in addressing new forms of crime.
Criminal Act, Embezzlement, False Identity, Rental Car, Juridical Analysis
Analisis Yuridis Penanganan Perkara Tindak Pidana Pungutan Liar Oleh Penyidik Kepolisian
This research examines the role and position of police investigators in handling extortion cases, the forms of law enforcement undertaken, as well as the obstacles and efforts encountered. The police hold an ambivalent position in the context of extortion: as law enforcers obligated to eradicate illegal levies, while also potentially being perpetrators themselves. This study employs a normative juridical method with a descriptive-analytical approach. The findings reveal that the legal basis for handling extortion lies within the Indonesian Penal Code (KUHP), Law Number 20 of 2001 concerning Corruption, and Presidential Regulation Number 87 of 2016 concerning the Saber Pungli Task Force. The main obstacles in eradicating extortion include weak socialization, lack of internal supervision, and low legal awareness among society. The study highlights the necessity of strengthening internal police oversight and enhancing inter-agency coordination to ensure that anti-extortion efforts are not merely repressive but also preventive. The novelty of this research lies in its comprehensive legal analysis of the role of police investigators within the Indonesian legal framework and its contribution to strengthening the integrity of law enforcement institutions.
Illegal levies, Police investigators, Law enforcement, Saber Pungli, Criminal law
Perkembangan Qira’at Dari Masa Klasik Ke Era Kontemporer : Kajian Terhadap Qurra’ Indonesia
This study investigates the historical and contemporary development of Qira'at, the variant readings of the Qur’an, tracing its origins from the Prophet Muhammad and his companions to its institutionalization and transmission by Indonesian Qurra’. The research employs a historical-analytical method by exploring classical Islamic sources and documenting the educational chains (sanad) and institutions that preserve Qira'at traditions. Findings indicate that Qira’at evolved from oral transmission among companions and tabi'in into a standardized system during the Abbasid period through the efforts of scholars like Ibn Mujahid. In the contemporary era, Qira’at has expanded globally, including in Indonesia, where it is cultivated through pesantren, madrasahs, and national institutions such as LPTQ. Indonesian Qurra’ have played a pivotal role in preserving these traditions, supported by both formal and informal educational systems. The study concludes that Qira’at remains integral to the Quranic tradition, with its continuity ensured through systematic transmission, institutional support, and increasing public interest.
Qira’at, Qur’anic recitation, Islamic tradition, sanad, Indonesian Qurra’
Tinjauan Yuridis Terhadap Pelaku Flexing Media Sosial Terkait Arisan Bodong Di Kabupaten Karo
This study aims to provide a juridical analysis of the flexing phenomenon on social media used as a method of fraud in illegal online rotating savings (arisan bodong) in Karo Regency. Flexing refers to the act of displaying wealth or a luxurious lifestyle in a manipulative manner to build a credible image and gain public trust, especially within online savings groups. The research employs a descriptive qualitative approach with data collection techniques including interviews, documentation, and literature review. Findings indicate that perpetrators of flexing may be prosecuted under Article 378 of the Indonesian Criminal Code (fraud), Article 28(1) of the Electronic Information and Transactions Law (ITE Law), and the Consumer Protection Law, although no specific regulation yet explicitly governs fraud based on flexing. Major challenges in law enforcement include difficulties in digital evidence collection, low legal literacy among victims, and limited capacity of law enforcement agencies in handling cybercrime. Thus, legal reform and strengthened digital consumer protection systems are urgently needed to prevent the recurrence of such fraudulent practices in the future.
Analisis Yuridis Peran Media Sosial sebagai Alat Propaganda dan Rekrutmen Kelompok Teror di Indonesia: Tinjauan atas Undang-Undang Nomor 19 Tahun 2016 tentang Informasi dan Transaksi Elektronik
Social media has become a primary instrument for disseminating radical propaganda and recruiting members of terrorist groups in Indonesia. This study aims to provide a juridical analysis of how terrorist organizations exploit social media, and the effectiveness of Law No. 19 of 2016 on Electronic Information and Transactions (ITE Law) in addressing such threats. Using a normative approach with descriptive-analytical methods, the research finds that platforms such as Telegram, Facebook, and YouTube are strategically utilized to spread extremist ideologies, hate speech, and violent instructions. The study also reveals challenges in law enforcement, including technological limitations, institutional fragmentation, and the ambiguous interpretation of ITE provisions. Therefore, a holistic approach is necessary—incorporating strong legal enforcement, digital literacy enhancement, and international cooperation—to counter digital terrorism propaganda.
Analisis Yuridis Peningkatan Pelayanan Paspor Di Era Digital Pada Kantor Imigrasi Kelas II Belawan Ditinjau Menurut UU No 6 Tahun 2011
This research aims to analyse the improvement of passport services in the digital era at the Class II Belawan Immigration Office from a juridical point of view, specifically based on Law Number 6 of 2011 concerning Immigration. The main focus of this research includes three aspects, namely: legal arrangements related to passport services according to laws and regulations, identification of obstacles in the implementation of digital services, and solutions applied by the Immigration Office in overcoming these problems.The research method used is empirical juridical method, with data collection techniques through literature study and direct interviews with immigration officers and academics in the field of state administrative law. The results showed that digital passport services have had a positive impact on the efficiency and transparency of public services. However, there are still obstacles in the form of a lack of public digital literacy, technological infrastructure constraints, and the need to strengthen personal data protection.In conclusion, the digitalisation of passport services is a policy that is legally valid and in accordance with immigration principles. To create inclusive and sustainable services, synergy between the government, the community, and the private sector is needed in terms of education, system strengthening, and legal protection.
Implementasi Sanksi Pidana Terhadap Anggota Kepolisian Sebagai Pelaku Pengguna Narkoba (Studi Kasus Satuan Brimob Polda Sumut)
Drug abuse has become a highly alarming form of crime in many countries, including Indonesia. Narcotics-related crimes have posed a serious threat to the survival of the nation and the state, as they have involved various groups of people, ranging from adults and children to law enforcement officers. In Indonesia, cases of narcotics and psychotropic substance abuse have increasingly raised concerns due to their expanding and pervasive impact. Despite the enforcement of strict legal sanctions—including the death penalty—the spread of such crimes has continued to escalate. The management of these offenses has been undertaken by law enforcement agencies, namely the police, prosecutors, judges, and correctional officers. However, it is deeply regrettable that the police, who are expected to help eradicate narcotics-related crimes, have themselves been implicated in drug abuse. This research was qualitative in nature and employed a normative-empirical research design. The normative-empirical approach was a research methodology that integrated normative legal elements with empirical or data-based components to provide a more comprehensive analysis. The results of this study indicated that the implementation of criminal sanctions against police officers involved in narcotics abuse consisted of two legal process stages. The first was the general criminal procedure, which included arrest, investigation, detention, transfer to the prosecutor’s office and the court, followed by trial and verdict. Once the general criminal process was completed, the offender was required to undergo a disciplinary and code of ethics hearing within the police institution.In the process of applying criminal sanctions to police officers involved in drug-related offenses, the Provost Division (Divpropam) faced internal challenges. These challenges included the limited number of personnel in the North Sumatra Mobile Brigade (Satbrimob Polda Sumut) who had received training in narcotics investigations, inadequate budget allocation for conducting investigations, and challenges in coordinating schedules with related parties during the investigation process
Implementation, Sanctions, Criminal Law, Police, Narcotics
Tinjauan Yuridis Terhadap Tindak Pidana Korupsi Dana Desa: Studi Kasus Putusan (Nomor 59/Pid.Sus-Tpk/2019/Pn Mdn)
This research discusses the criminal act of village fund corruption committed by village officials, using the case study of Decision Number 59/Pid.Sus-TPK/2019/PN Mdn. The focus of the study is to analyze the legal regulations related to village fund corruption, the application of the elements of corruption in the case, as well as the legal considerations of the judge in rendering the verdict. This study employs a normative juridical method through statutory and literature approaches, supplemented by field interviews. The findings indicate that the misuse of village funds often occurs due to weak supervision, limited legal understanding, and low integrity of village officials. The court's ruling refers to Articles 2 and 3 of the Anti-Corruption Law (UU Tipikor), considering elements such as illegality, abuse of authority, and state financial losses. In addition to juridical aspects, the judge also considered the socioeconomic background of the defendant. This research underscores the importance of reforming the village financial management system to ensure greater transparency and accountability, strengthening the legal capacity of village officials, and enhancing community participation in overseeing village fund utilization. Moreover, strong commitment and synergy among law enforcement agencies such as the Corruption Eradication Commission (KPK), the Prosecutor’s Office, and the Audit Board of Indonesia (BPK) are essential to ensure the effectiveness and sustainability of anti-corruption efforts at the village level. This case serves as a significant example of how legal approaches can be strategic instruments in upholding justice and protecting citizens' rights to corruption-free development.
Corruption, Village Funds, Court Decision, Juridical Analysis, Anti-Corruption Law.