Legitimasi: Jurnal Hukum Pidana dan Politik Hukum
Journal Title : Legitimasi: Jurnal Hukum Pidana dan Politik Hukum ISSN : 2579-5104 (online) | 2088-8813 (print) DOI Prefix : Prefix 10.22373 by Crossref Editor-in-Chief : Dedy Sumardi, MA Managing Editor : Prof. Dr. Ali Abubakar, MA Publisher : Faculty of Sharia and Law, Universitas Islam Negeri Ar-Raniry Frequency : 2 issues per year (June and December) Citation Analysis : Index Copernicus, Dimensions, Sinta, <a href="https://scholar.google.co.id/citations?hl=id&view_op=list_works&authuser=2&gmla=AJsN-F63ev2K1aHznsphy55Kmj8rSz1naLwGaRr4nk3-lt9ySiIFLkc1DFd5cYWUMx0g5nicgBQ2J_Z62aMKfpC0cXgDEGy-WJ92DXL_mXRhWOasKiUKY38&user=hsKFhJYAAAAJ" target="_blank" rel="noopener" data-cke-saved-href="https://scholar.google.co.id/citations?hl=id&view_op=list_works&authuser=2&gmla=AJsN-F63ev2K1aHznsphy55Kmj8rSz1naLwGaRr4nk3-lt9ySiIFLkc1DFd5cYWUMx0g5nicgBQ2J_Z62aMKfpC0cXgDEGy-WJ92DXL_mXRhWOasKiUKY38&user=hsKFhJYAAAAJ" data-mce-="">Google Scholar, Publons, Orcid, Garuda Legitimasi: Jurnal Hukum Pidana dan Politik Hukum, published biannually in June and December, is published by Faculty of Sharia and Law, Universitas Islam Negeri Ar-Raniry Banda Aceh. Its purpose is to promote the study of criminal law, legal politics, and Islamic law in general and to discuss discourses of the development of criminal law and government policies from various perspectives. It is also to help in the understanding of criminal law and the legal politics, and Islamic law in Indonesia. The journal publishes research articles, conceptual articles, and book reviews of criminal law, and Islamic law (See Focus and Scope). The articles of this journal are published bi-annually, in June and December. Legitimasi starts its publication in 2012, and it has been registered with CrossRef. All articles published by Legitimasi have a DOI number. Legitimasi is also indexed by Index Copernicus, Dimensions, Sinta, Google Scholar, Garuda, Moraref, BASE. (See Indexing). Legitimasi starts to be published online in Vol 6, No 1 2017, while before it was in printed edition. Journal Secretariat: Faculty of Sharia and Law, Universitas Islam Negeri Ar-Raniry Banda Aceh, 23111 | email: legitimasi@ar-raniry.ac.id
Faculty of Sharia and Law, Universitas Islam Negeri Ar-Raniry Banda Aceh
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Legal Politics in Land Acquisition for the Waru-Buduran Frontage Road in Sidoarjo Regency, Indonesia
Land occupies a strategic position within Indonesia’s legal system, functioning not only as an economic asset but also as a social instrument intended to achieve the greatest prosperity of the people, as mandated by Article 33 paragraph (3) of the 1945 Constitution of the Republic of Indonesia. In the context of infrastructure development, the implementation of social functions of land frequently necessitates land acquisition for public purposes, particularly in transportation projects aimed at reducing traffic congestion and enhancing public welfare. This study aims to analyze land acquisition for the construction of the Waru–Buduran Frontage Road in Sidoarjo Regency, examining its legal basis, governing principles, and underlying legal-political orientation. The research employs a normative juridical method, utilizing statutory and conceptual approaches, supported by empirical data on the implementation of land acquisition at the research site. The findings reveal that the land acquisition process for the Waru–Buduran Frontage Road has been conducted in accordance with the applicable legal framework, particularly Law Number 2 of 2012 on Land Acquisition for Development in Public Interest and its implementing regulations, and is guided by principles of humanity, justice, utility, and legal certainty. Furthermore, policy reflects the local government’s legal politics aimed at accelerating infrastructure development and alleviating traffic congestion while ensuring protection of affected landowners’ rights through fair and adequate compensation. The implications of this study underscore the importance of enhancing public participation, enhancing transparency in compensation valuation, and ensuring the consistent application of land acquisition principles to achieve effective infrastructure development that remains aligned with the rule of law and social justice.
Copyright (c) 2025 Putri Azizah, Suhadi Suhadi, Rofi Wahanisa http://creativecommons.org/licenses/by-nc-sa/4.0
Legal Protection of Personal Data and Virtual Assets in the Metaverse
The development of the metaverse as a new digital interaction space has given rise to increasingly complex legal challenges regarding the protection of personal data and virtual assets. This situation demonstrates the regulatory gap between countries in responding to the dynamics of the global digital economy. This study examines the comparison of regulations on personal data protection and virtual asset protection in the United States, China, and South Korea, and identifies lessons that can be applied to the Indonesian legal system. Utilizing a normative legal research method through a comparative approach, this study examines primary and secondary legal sources, including laws, national policies, and digital legal doctrines, in each country. The results show that the United States applies a liberal sectoral regulatory model, China adopts a centralistic model based on state control, while South Korea develops a hybrid model that balances innovation and legal protection. The comparative analysis reveals gaps in institutional aspects, regulatory integration, and legal recognition of activities and assets in the metaverse. The results of the study indicate that Indonesia should adopt an adaptive legal framework that comprehensively integrates personal data and virtual asset protection as a guiding principle for ius constituendum in establishing a safe, equitable, and globally competitive metaverse governance.
Copyright (c) 2025 Muhammad Kandriana, Zuhrah Zuhrah , Iksan Iksan , Rahmad Maulana, Muhammad Yasir http://creativecommons.org/licenses/by-nc-sa/4.0
This article discusses the challenges and implications of applying the principle of judicial pardon rechtelijk pardon in the Indonesian legal system, by comparing similar concepts that have already been implemented in the Netherlands. This principle grants judges the discretion not to impose criminal penalties on perpetrators who are proven guilty if their actions are deemed minor, taking into account the principles of justice and humanity. This study employs a normative juridical method, utilizing a legislative, historical, conceptual, and comparative approach. The results show that the Dutch legal system has comprehensively implemented rechtelijk pardon, supported by consistent procedural law and jurisprudential practice. Conversely, the application of this principle in Indonesia still faces significant challenges due to the lack of synchronization between the substantive law in the 2023 Criminal Code and the formal law in the Criminal Procedure Code, as well as the absence of clear technical guidelines for judges to apply it. As a result, the principle of judicial pardon has the potential to become a symbolic norm without effective operationalization. This article emphasizes the importance of harmonizing the legal system and strengthening the implementation of regulations so that this principle can function optimally as an instrument of humanistic justice in national criminal law
Copyright (c) 2025 Dean Putri Amelia, Beniharmoni Harefa http://creativecommons.org/licenses/by-nc-sa/4.0
This research is motivated by the weak deterrent effect on corruption perpetrators in Indonesia, where imprisonment, fines, and compensation have not been able to eliminate economic benefits or recover state losses. The formulation of this research problem involves two key aspects: first, how Islamic jurisprudence views the policy of impoverishing corruptors through asset confiscation; second, how the concept and mechanism of impoverishing corruptors are applied in the Indonesian positive legal system and Islamic jurisprudence. This study employs a normative juridical approach, utilizing statutory guidelines, conceptual designs, case studies, and a comparative analysis of asset forfeiture models in Malaysia, Singapore, the UAE, and Saudi Arabia. Research findings suggest that depriving corruptors of their assets is effective in stripping them of their economic benefits, recovering state losses, and enhancing the deterrent effect. From a fiqh jinayah perspective, this policy is legitimate as a form of ta'zīr punishment that is relevant to the maqāṣid al-sharī‘ah, especially in safeguarding assets (ḥifẓ al-māl) and preventing public harm. This study emphasizes the need to strengthen asset confiscation through the ratification of the Asset Confiscation Bill and the implementation of proportional and accountable non-conviction-based asset forfeiture. The novelty of this study lies in the comprehensive integration of positive law, deterrence theory, and the principles of fiqh al-jinayah to establish moral, juridical, and Sharia legitimacy for the strategy of impoverishing corruptors.
Copyright (c) 2025 Norfazilah, Andi Marlina, Rasna , Wahidin http://creativecommons.org/licenses/by-nc-sa/4.0
Excise Taxation of Sugar-Sweetened Beverages
The policy of imposing excise tax on Sugar-Sweetened Beverages is a strategic measure to reduce the growing incidence of Non-Communicable Diseases in Indonesia, particularly diabetes and obesity linked to the consumption of sugary drinks. The yearly increase in SSBs consumption harms public health and imposes a significant financial burden on the state, especially through the Social Health Security Administering Body (BPJS). Therefore, firm legal intervention is needed to limit consumption and promote a healthier lifestyle. The implementation of excise taxes on sugar-sweetened beverages should not be viewed merely as a fiscal instrument to boost revenue, but also as a means of protecting the public’s right to live a healthy and productive life. This policy must be understood as part of a broader public health strategy rather than solely an economic measure. Moreover, the policy is expected to encourage industries to reformulate their products into healthier alternatives to avoid excise taxation.
Copyright (c) 2025 Dwi Putra Nugraha, Beatrice Callista Yo, Sascha Kezia Cenniago, Vanessa Maurent http://creativecommons.org/licenses/by-nc-sa/4.0
Consistency in The Application of Prudential Banking Principles in the Provision of Banking Credit Facilities
State-owned banks play a strategic role in maintaining national economic stability by collecting and distributing public funds. However, lending activities often face the risk of fraud, which can erode public trust and compromise the institution's integrity. This study examines the consistency of applying the principle of prudence in the credit-granting process at state-owned banks and its relevance in preventing fraud. The main issues raised are the continued existence of credit procedure irregularities and weak internal supervision, despite the principle of prudence being clearly regulated in banking regulations. This study aims to analyze how the consistent application of prudential banking principles can prevent potential fraud in the credit-granting process at state-owned banks. The research method employed was a normative juridical approach with a qualitative orientation, involving the collection and analysis of literature reviews through library research, supplemented by interviews with state-owned banks to support the research. The study's results show that fraud often occurs due to weak internal controls, a low culture of compliance, and limited technological infrastructure. The application of prudential banking principles combined with a Good Corporate Governance (GCG) framework, ISO 31000-based risk management, and the support of digital monitoring innovations such as audit trails and early warning systems is intended to strengthen credit risk control. The integration of these policies not only highlights the potential for irregularities but also ensures that credit decisions for prospective borrowers are made in a transparent, accountable manner and in accordance with prudent banking principles.
Copyright (c) 2025 Amelia Amelia, Handoyo Prasetyo http://creativecommons.org/licenses/by-nc-sa/4.0
Handling of Connectivity Cases in Corruption Crimes in the Indonesian Army's Mandatory Housing Savings Program
Criminal acts of corruption in the Indonesian Army's Mandatory Housing Savings Program (TWP TNI AD) are an example of a case involving both military and civilian legal subjects, triggering complex challenges in law enforcement in Indonesia. This study aims to examine the mechanisms for handling cases of connected criminal acts of corruption and the legal considerations in sentencing perpetrators based on the Jakarta High Military Court II Verdict Number 21-K/PMT-II/AD/II/2022. The research method employs a normative approach, analyzing relevant laws, legal doctrines, and jurisprudence. The results of the study show that cases are handled collaboratively between military and civilian institutions through the stages of investigation, inquiry, determination of the judicial forum, prosecution, and trial. The court's verdict confirmed that the defendants had been proven to have committed corruption together and continuously, resulting in state losses of Rp 127 billion, with sentences of imprisonment, fines, and restitution obligations. This study demonstrates the effectiveness of the connected justice system in ensuring justice and recovery of state losses, while also making an important contribution to the eradication of corruption in the military.
Copyright (c) 2025 Adhiya Faisal, Handar Subhandi Bakhtiar http://creativecommons.org/licenses/by-nc-sa/4.0
This research aims to analyze the practice of forced marriage in Batobella Village from the perspectives of Islamic law, custom, and human rights, with a focus on the principles of consent, social control mechanisms, and legal implications. This study examines the interaction between customary norms, religious law, and positive law with a focus on the principles of legitimacy, social dynamics, and opportunities for policy intervention that align with the maqāṣid al-sharīʿah. The research method employs a qualitative case study approach, utilizing data collection techniques that include in-depth interviews, participant observation, and document analysis. The informants consisted of traditional leaders, religious figures, victims, families, and youth. Data analysis was conducted thematically to identify patterns and relationships between variables, integrating comparative fiqh perspectives across schools of thot with field findings. Research in Batobella Village shows that forced marriage practices still persist as a mechanism for resolving violations of customary norms, with decisions often made unilaterally by families and traditional leaders without considering the bride's consent. Social pressure, stigma, and the threat of exclusion make it difficult for victims to refuse. Most marriages are not registered at the KUA, which weakens their legal protection. The role of religious figures is often compromised in favor of custom for the sake of social cohesion. Although some young people are starting to reject this practice, their views are still in the minority and are hindered by the dominant customary authority in marriage decisions.
Copyright (c) 2025 Moch. Rosim, Shofiatul Jannah, Dzulfikar Rodafi http://creativecommons.org/licenses/by-nc-sa/4.0
Restorative Justice is increasingly adopted to overcome the limitations of retributive punishment, which emphasizes inflicting suffering on offenders. However, a fundamental theoretical debate remains regarding the ontological status of Restorative Justice: whether it is merely a non-penal mechanism outside the concept of punishment or a transformative form of punishment within the modern penal framework. This research examines this debate by determining the proper positioning of Restorative Justice in modern sentencing policy. The purpose of this study is to reconstruct the penal paradigm by integrating restorative, utilitarian, and moral-communitarian values into a more humane and inclusive system of punishment. Using normative legal research with a conceptual approach, this study analyzes theories, legislation, and judicial practices related to Restorative Justice in Indonesia. The findings suggest that Restorative Justice still retains punitive elements, as offenders are required to acknowledge wrongdoing and repair the harm. Consequently, Restorative Justice ought not to be classified as an exclusively non-penal mechanism but rather as an evolution of punishment that prioritizes reconciliation, moral accountability, and social restoration. This study concludes that Restorative Justice represents the new face of punishment, where the ultimate aim is no longer solely retribution but the restoration of social balance and substantive justice for victims, offenders, and society.
Copyright (c) 2025 Erwin Susilo, Bagus Sujatmiko, Karell Mawla Ibnu Kamali http://creativecommons.org/licenses/by-nc-sa/4.0
Moral Dilemmas and the Accountability of Criminal Offenders
Advancements in cognitive neuroscience are increasingly challenging traditional legal concepts of free will, intent, and individual culpability. In Indonesia, criminal liability remains grounded in classical legal doctrines that emphasize moral agency, raising critical questions about their compatibility with contemporary neuroethical insights. This article examines trauma, impulse control disorders, and cognitive dysfunction in criminal behavior from a neuroethical perspective, which can provide a more contextual understanding of criminal behavior in the Indonesian legal system. Using a qualitative normative method, this study combines doctrinal legal analysis with interdisciplinary approaches from neuroethics and moral psychology and compares jurisdictions that have recognized neuroscientific evidence in the criminal justice process. Using a qualitative normative method, this research integrates doctrinal legal analysis with interdisciplinary approaches from neuroethics and moral psychology, drawing comparative insights from jurisdictions that admit neuroscientific evidence in criminal adjudication. The study finds that although Indonesian law acknowledges mental incapacity in certain sentencing provisions, it lacks a consistent framework to assess neurocognitive impairments in determining guilt and punishment. As a result, current legal mechanisms may fail to adequately reflect the complex biological and moral dimensions of deviant conduct. This study concludes that integrating neuroethical considerations into Indonesian criminal law could improve its fairness, scientific relevance, and humaneness.
Copyright (c) 2025 Didi Jubaidi, Khoirunnisa Khoirunnisa, Desy Indriastuti, Shinta Maharani, Robert L. Simanungkalit http://creativecommons.org/licenses/by-nc-sa/4.0
The Application of Restorative Justice as a Resolution of the Criminal Act of Theft by Child Perpetrators
This study aims to analyze the implementation of the restorative justice approach in handling theft offenses committed by minors within the jurisdiction of the Klaten Police Resort, Central Java. The research employs an empirical juridical method, collecting data through interviews and a literature review. The findings reveal that Law No. 11 of 2012 concerning the Juvenile Criminal Justice System provides the legal foundation for applying restorative justice at every stage of the juvenile criminal process, including the investigation phase. The Klaten Police implement diversion through deliberative meetings involving the offender, the victim, their families, and community counselors, taking into account humanitarian considerations and the best interests of the child. Non-litigation settlement is prioritized in the law enforcement process involving juvenile offenders and is supported by active community participation and the flexibility of law enforcement officers in facilitating restorative processes. The study implies that the application of restorative justice by law enforcement officers can foster a sense of fairness and justice for children, both as offenders and as victims of crime.
Copyright (c) 2025 Nariza Isandra, Bambang Sukoco http://creativecommons.org/licenses/by-nc-sa/4.0
Reinforcing the Legal Basis of Undercover Buy as an Investigative Method in Criminal Procedure
In an effort to combat illegal drug trafficking, Law Number 35 of 2009 concerning Narcotics authorizes the National Narcotics Agency (BNN) to conduct special investigation techniques, one of which is the undercover buy technique. The research problem studied is how to regulate undercover buy techniques in the legal system in Indonesia and how to formulate the regulation of undercover buy provisions in an ideal criminal procedure law that does not conflict with legal principles. This study is a normative legal study that uses a regulatory approach and a contextual approach. The data sources are from regulations and legal literature. The results of the study indicate that the regulation of undercover buy techniques is normatively contained in the Narcotics Law and the implementation instructions that have been updated through the Decree of the Head of BNN Number SKEP/1205/IX/2000. However, these regulations are still minimal and not comprehensive, thus creating legal limitations that have the potential to cause investigators to apply for permits, especially in obtaining valid evidence according to criminal procedure law
Copyright (c) 2025 Asari Suci Maharani http://creativecommons.org/licenses/by-nc-sa/4.0
The Supervisory System of Conventional Online Lending in Aceh Following the Enforcement of Qanun Number 11 of 2018: A Study on Criminal Elements in Online Lending Transactions
Online Service lending has become a widely used financial product due to its accessibility, including in Aceh, which has implemented Qanun Number 11 of 2018 concerning Islamic Financial Institutions that prohibits interest-based lending practices. Therefore, this study focuses on the supervision of conventional online lending conducted by the government in Aceh following the implementation of Qanun Number 11 of 2018. This research adopts a descriptive method with data collected through interviews. The findings indicate that, to date, conventional online service lending (pinjol) operations in Aceh remain unrestricted, with no limitations imposed on their activities. In Aceh, stakeholders have yet to take concrete measures to curb or prohibit conventional online lending practices. Consequently, many consumers in Aceh, including educated individuals such as teachers and students, as well as the general public, have been trapped in debt and faced payment defaults. Therefore, strategic actions are required from both the Aceh government and religious scholars (ulama) to collaborate and synergize with relevant institutions such as the Financial Services Authority and Bank Indonesia to curb conventional fintech practices in Aceh, in accordance with the provisions outlined in Qanun Number 11 of 2018 on Sharia Financial Institutions in Aceh
Copyright (c) 2025 Muhammad Maulana, Arroyyan Ramly, Yuhasnibar Yuhasnibar, EMK. Alidar http://creativecommons.org/licenses/by-nc-sa/4.0
Criminal Law Analysis of Brawls Between Groups of Children: A Review from the Perspective of Psychological Criminology
Brawl is a form of juvenile delinquency committed by children, in criminology, which explains the science of crime that continues to develop. Brawl can be studied from a psychological perspective. Prevention and serious handling of the legal vacuum are needed. The formulation of the problem that the examines is to find out brawls committed by children in the legal system in Indonesia, and to find out the causes of children's involvement in brawling through psychological criminology reviews. The purpose of this research is to find out the legal system in Indonesia regarding brawls committed by groups of children and how brawls are studied from the perspective of psychological criminology. This research uses a juridical-normative research method that emphasizes a qualitative approach by collecting and studying literature reviews through literature study research. The results of this study indicate that there is still a legal vacuum regarding brawls in Indonesia, both in general and specific laws, but the Juvenile Criminal Justice System still prioritizes Restorative Justice. Brawling itself can also be studied from the perspective of psychological criminology, where there are factors of children committing brawls, including internal factors, family factors, school factors, environmental factors, mental factors, and poverty factors. In addition to this, juvenile delinquency, such as brawls, also occurs because of the loss of Pancasila values.
Copyright (c) 2025 Astri Dewi Setyarini, Mulyadi Mulyadi http://creativecommons.org/licenses/by-nc-sa/4.0
Differences in the Implementation of Diversion in the Juvenile Criminal Justice System: Analysis of the Karawang Court Decision
The use of diversion in Indonesia’s juvenile justice system aims to protect children from harmful stigmatization and provide rehabilitation. The objective of the study is to analyze the application of diversion in two court decisions: Decision Number 9/Pid.Sus-Anak/2022/PN Kwg and Decision Number 14/Pid.Sus-Anak/2022/PN Kwg. The research employs a normative juridical and descriptive-analytical approach through a literature review. The findings demonstrate that the application of diversion depends on the type of offense and the condition of the child. Decision Number 9 sentenced the child to 3 years and 6 months of imprisonment for a case of child sexual intercourse, whereas Decision Number 14 imposed 120 hours of community service for theft. The analysis reveals that judicial considerations are influenced by the severity and impact of the offense, and underscore the importance of balancing law enforcement with the protection of the child’s future. This research shows that judicial discretion plays a crucial role in determining the implementation of diversion, highlighting the importance of aligning legal enforcement with restorative justice and child protection principles.
Copyright (c) 2025 Rini Nuraeni, Muhammad Gary Gagarin Akbar, Muhamad Abas http://creativecommons.org/licenses/by-nc-sa/4.0
Reformulating the Policy Framework for Sting Operations by Investigators of the Corruption Eradication Commission
Corruption offenses in Indonesia are perceived as ongoing and persistent, continuing to this day and resulting in significant losses to the state. The establishment of the Corruption Eradication Commission through Law Number 30 of 2002 concerning the Corruption Eradication Commission serves as a trigger mechanism to enhance the effectiveness of anti-corruption efforts. As part of its initiatives, the Corruption Eradication Commission conducts Sting Operations aimed at combating corruption by apprehending perpetrators through silent operations. This study formulates two problems, namely, how the mechanism of Sting Operations held by the Corruption Eradication Commission investigators aligns with legislation, and what is the ideal regulation of Sting Operations held by the Corruption Eradication Commission investigators. This study is a normative legal research with secondary data consisting of primary, secondary, and tertiary legal materials. This study uses a statutory, conceptual, and interpretive approach. The result of this study indicates that Sting Operations conducted by the Corruption Eradication Commission are often equated with the concept of ‘caught red-handed’, which is stated in The Indonesian Criminal Procedure Code (KUHAP). However, both Sting Operations and ‘caught red-handed’ differ in meaning and may potentially violate the principle of due process of law. Therefore, a comprehensive reformulation of Sting Operations procedures within the legal framework of the Corruption Eradication Commission is necessary.
Copyright (c) 2025 Elsa Bonde, Aji Lukman Ibrahim http://creativecommons.org/licenses/by-nc-sa/4.0
The Tradition of Ndarohi: Diversity of Punishments, Settlement of Fights in the Kute Pasekh Pekhmate Community from the Perspective of Islamic Criminal Law
This study analyzes the Ndarohi custom as a customary sanction imposed on the perpetrators of a fight. The Ndarohi custom is a tradition that has been passed down from generation to generation in the Kute Pasekh Pekhmate community, Lawe Alas District, Southeast Aceh Regency. The Kute Pasekh community believes that the Ndarohi custom is able to reunite the perpetrators of a fight as a family by imposing customary sanctions in the Ndarodi tradition. The focus of this study is how the traditional Kute Pasekh community maintains the Ndarohi custom in resolving fights amidst the strong current of modernization of criminal case resolution through litigation. The purpose of the study was to determine the practice of the Ndarohi custom in resolving fight cases, and to preserve the Ndarohi custom in the modern era. This study uses a qualitative descriptive method, data obtained through field interviews and literature. The results of the study show that sanctions for resolving disputes in fight cases are resolved according to the Ndrohi custom through a deliberation process. Then the party found guilty is charged with medical expenses for the victim and is given a sanction in the form of money and one goat, according to the decision from the results of the deliberation by Sakhak Bekhempat. Sanctions in the Ndarohi custom have various types according to the quality of the crime committed by the perpetrator. Fights that cause physical harm, not bleeding, are subject to the Nucupi custom sanction or the mbabe nakan sekhimah sope sekhanting sanction; all medical costs are borne by the perpetrator of the customary crime. While criminal acts of fighting that result in bleeding wounds are subject to the sanction of drawing error and a fine in accordance with the written customary provisions. The Kute Pasekh community still strongly adheres to the Ndarohi custom in resolving customary criminal disputes. In addition to being a hereditary tradition, it is also effective in uniting the relationship of the customary community to obtain eternal peace.
Copyright (c) 2025 Tarmizi M. Jakfar, Edi Yuhermansyah, Edi Yuhermansyah, Nurbaiti Nurbaiti, Nurbaiti Nurbaiti http://creativecommons.org/licenses/by-nc-sa/4.0
Development and Practice of Islamic Law Codification in Southeast Asia
This article aims to examine the development of Islamic law codification in Southeast Asia. Southeast Asia is a region with Muslims who have peaceful, tolerant, and moderate characteristics. Islam that developed in Southeast Asia has differences with those in Arabia, Morocco, Turkey, India, Pakistan, Uzbekistan, and China in terms of culture and customs. The main question that will be answered in this article is how the codification of Islamic law developed in Southeast Asia. The study uses empirical legal juridical studies with an approach to the social history of Islamic law. The article concludes that from the perspective of Islamic legal history, the development of legal codification has experienced three phases, namely: the kingdom, colonialism, and post-colonialism. Countries with a Muslim majority, such as Indonesia, Malaysia, and Brunei Darussalam, have experienced quite significant development, while countries such as Thailand, the Philippines, and Singapore have not experienced any significant development, and countries such as Cambodia, Vietnam, and Myanmar tend to have no development. In addition, Islamic law that developed in Southeast Asia accommodates local values ​​and customs that become a new identity or "Malay Islam" and are different from other regions.
Copyright (c) 2025 Andi Darna, Ridhwan Ridhwan, Abidin Nurdin, Mohammad Nizar http://creativecommons.org/licenses/by-nc-sa/4.0
Mukim as a Customary Law Community in Customary Forest Management in Aceh Besar
Customary forests are forests that are located within the area of a Customary Law Community. In theory, only people who live in forest areas are able to maintain forest areas well because they have a reciprocal relationship that cannot be separated. These communities are often referred to as indigenous communities or customary law communities. Aceh Besar has a very large forest area, there are three forest areas that have been categorized as customary forest areas with three customary law communities that are included in the indicative customary forest map of the Indonesian Ministry of Environment and Forestry. This research examines: Efforts that can be made by customary law communities in Aceh Besar to obtain their rights to customary forests and how optimizing customary forest management can provide protection to customary law communities and customary forest areas in Aceh Besar. The results of the research show that currently three customary forest areas in Aceh Besar have been removed from the indicative customary forest map, this is because during the verification period the customary law communities (Mukim) files were unable to provide evidence in the form of regional regulations in Aceh Besar which designated them as customary law communities recognized in accordance with the requirements. in the Minister of Environment and Forestry's regulations, so that the three mukims in Aceh Besar do not have legal rights to manage customary forests. Optimizing protection for forest areas and Mukim in Aceh Besar is also not going well.
Copyright (c) 2025 Yenny Sriwahyuni http://creativecommons.org/licenses/by-nc-sa/4.0
Sociological Juridical Review of the Phenomenon of Online Begging Legislative Perspectives in Indonesia
The phenomenon of online begging is one of the negative impacts of social media use. Online beggars take advantage of public sympathy to enrich themselves by creating content that evokes pity, viral content, which will invite the public to help by giving gifts that can be exchanged for money. The action of online beggars is an act of exploitation carried out against oneself and others; this is contrary to Pancasila, namely, just and civilized humanity, because it can pollute human dignity. Firm action and strong rules are needed to deal with the phenomenon of online begging, so that there is no public thought to make this phenomenon a profession in the future. The study used a normative legal method with a statutory, conceptual, and case approach. The results of the study show that, First, characteristics and legal qualifications of the phenomenon of online begging online beggars create sympathy from the public and the perpetrators create a drama full of manipulation that has been neatly arranged and to be said to be an act of online begging, it must meet the elements of the act. Second, from the legal side, the phenomenon of online begging touches on Pasal 504, 333 Criminal Code of Indonesia, Pasal 27 ayat (3) of the Law of Number 11 of 2008 on Information and Electronic Transactions, and Circular of the Minister of Social Affairs Number 2 of 2023, however, these articles are not strong enough to be used as a reference for taking action against online beggars. From a social side, the act of online begging can change the work values ​​of society and create inequality. Third, evaluation and recommendations for handling the phenomenon of online begging require regulations that have permanent legal force and increase digital literacy for the community to distinguish between forms of content creators and actions that are indicated as online begging.
Copyright (c) 2025 Findhi Astuti, Indah Sri Utari http://creativecommons.org/licenses/by-nc-sa/4.0
The Effectiveness of Diversion in Resolving Juvenile Breast Groping Cases
Sexual harassment committed by minors, particularly in the form of breast-grabbing, is a complex phenomenon due to the offender’s ongoing psychosocial development. The legal handling of such cases requires not only a repressive approach but also the application of restorative justice through diversion mechanisms. This study aims to analyze the effectiveness of diversion in resolving a breast-grabbing case committed by a minor in Semarang. This research uses a juridical-empirical method with a qualitative approach, focusing on a case study at the Class I Correctional Center (Bapas) in Semarang. Data were collected through interviews and the analysis of legal documents related to the diversion process. The findings indicate that the diversion was conducted in accordance with legal provisions and resulted in an agreement involving an apology, financial compensation, and a commitment to rehabilitate the offender. However, the study also identifies limitations in the victim’s recovery and the continuity of the offender’s rehabilitation. It further questions whether justice is truly achieved when the victim remains psychologically affected, and highlights the risk of behavioral normalization if rehabilitation is not effectively implemented. Therefore, the effectiveness of diversion in sexual offense cases should be understood not only from a procedural standpoint but also in terms of achieving substantive justice for all parties involved.
Copyright (c) 2025 Fiorentina Elfrida Shanty http://creativecommons.org/licenses/by-nc-sa/4.0
Optimizing the Imposition of Conditional Sentences for Children Through the Role of Community Research Reports
Punishment of children in conflict with the law requires an approach that is not only repressive but also considers the rights and future of children. A conditional sentence is a form of alternative punishment that can maintain children in a proper social environment without serving a criminal period in a correctional institution. This article examines the urgency of applying conditional punishment in juvenile cases and highlights the strategic role of community research reports in influencing judges' decisions. This research uses a qualitative method with an empirical juridical approach through field observations, literature studies, and interviews. The results show that the quality of recommendations is the primary key to successful conditional sentences in court. Data-based recommendations that address the dimensions of supervision, environmental support, and the effectiveness of non-agency coaching tend to be more accepted by judges. The optimization of conditional punishment requires increasing the capacity of community supervisors, national standardization of reports, and evaluation and feedback mechanisms from law enforcement officials to ensure the quality of recommendations submitted.
Copyright (c) 2025 Desy Rizky Mahrunnisa, Rasdi Rasdi http://creativecommons.org/licenses/by-nc-sa/4.0
Criminal Responsibility for Santet Practices in Simeulue Regency from the Perspective of Islamic Criminal Law
Witchcraft or black magic is still believed to be an act that can cause harm to a person through occult science. The losses caused by witchcraft can be seen directly and clearly in witchcraft victims, but it is difficult to explain medically and scientifically. Although it cannot be proven based on criminal law, the impact of witchcraft can be known based on indications that are widespread in the victim, such as foreign objects found in the victim, causing physical and non-physical suffering for a long time, even causing the victim to die. The focus of this research is on how to resolve witchcraft cases through customary law in the Simeulue community. The method used is qualitative, with data obtained from interviews and supported by literature sources. The results of the study showed that the phenomenon of witchcraft in Langi Village, Teupah Village, and Suka Jaya Village in Simeulue Regency had a motive of displeasure between the perpetrator and the victim. Santet is not always used for evil, but can also be used for good, such as medicine, predicting the whereabouts of a person or lost item (tendung). In general, the people of Simeulue do not accept the presence of witchcraft (for evil) in their lives, but specific individuals still abuse witchcraft as a power to harm people. The abuse of witchcraft that causes others to suffer is not in line with the principles of Islamic criminal law. Witchcraft can be held accountable if proven to have committed a crime that causes harm to others, both physically, psychologically, or socially.
Copyright (c) 2025 Mukhsin Nyak Umar, Safira Mustaqilla, Tgk. Sulfanwandi, Ima Syahrima, Salsabila Firdausia http://creativecommons.org/licenses/by-nc-sa/4.0
Early Childhood Sexual Abuse and the Criminal Justice System: Challenges, Legal Reform, and Victim Rehabilitation in Indonesia
Early childhood sexual abuse is a severe and traumatic crime with long-term physical and psychological impacts. This study offers an original contribution by critically analysing the effectiveness of Indonesia’s criminal justice system in addressing such cases, particularly from the perspective of victim protection and rehabilitation. The main objective is to assess how well criminal law in Indonesia provides justice for victims and to identify the barriers that hinder effective legal implementation. Employing a qualitative approach with a case study method, data were collected through in-depth interviews with legal practitioners and child protection activists, as well as through document analysis and selected case reviews. The findings reveal that while Indonesia's legal framework theoretically supports child protection, significant gaps persist between legal norms and their enforcement. These include poor inter-agency coordination, low sensitivity to victims' needs, limited access to rehabilitation services, and the persistence of social stigma. The practical implications of this research suggest the need for targeted legal reforms, including enhanced training for law enforcement officers, improved victim-centered procedures, and the strengthening of rehabilitation support. These measures are essential to ensure a more just and effective response to early childhood sexual abuse.
Copyright (c) 2025 Fatin Hamamah, Hermanto Hermanto, Darwanto Darwanto, Rohadin Rohadin, Aos Aos http://creativecommons.org/licenses/by-nc-sa/4.0
The Exploration of Human Rights from the Perspective of Development Law Theory: What and How?
This study analyzes human rights in legal development to ensure that fundamental human rights are not neglected. Human rights are inherent to every human being, derived from religious, moral, and noble cultural values. Everyone is part of society, consisting of individuals with fundamental rights. Human rights-based development planning becomes a benchmark in development planning so that it does not sacrifice human rights but is used as a tool to achieve goals in enforcing the right to development. However, this becomes a challenge that needs to be faced to prioritize human rights without neglecting the public interest. This study aims to develop development strategies based on the close relationship between strategies and development processes with efforts to promote respect for human rights. The study method uses a normative juridical approach. Data were collected through legal literature and legal materials, namely primary, secondary, and tertiary legal materials. The research results show that development law is important to address increasingly complex social changes and ongoing development agendas. The state must prioritize and ensure that business and development align with the fulfillment of the right to a good and healthy living environment rather than opening up space for environmental destruction. The manifestation of the legal development model is to pay attention to the human dimension as the main goal of development, which provides citizens with access to participate in decision-making in various fields of life. The law allocates greater authority to citizens for their self-realization as subjects, not objects shaped and controlled by other subjects.
Copyright (c) 2025 Didik Suyitno, Sulaksono Sulaksono, Eny Sulistyowati, Fradhana Putra Disantara
Implementation of Compensation in the Form of Restitution for Child Victims of the Crime of Human Trafficking: Study on the Jurisdiction of the City of Padang
Trafficking in persons is regulated in Law Number 21 of 2007 concerning eradicating the Crime of Trafficking in Persons. One form of legal protection for victims is the provision of compensation in the form of restitution. Children and women were often victims of the crime of trafficking in persons. The problem how is the application of compensation in the form of restitution to children as victims of criminal acts of trafficking in persons in the jurisdiction of the city of Padang. What are the obstacles in the application of compensation in the form of restitution to children as victims of criminal acts of trafficking in persons in the jurisdiction of the city of Padang? The study uses an empirical legal. Data collection techniques are through interviews and document studies, and data analysis is qualitative. The conclusion is the application of restitution for children who are victims of criminal acts of trafficking in persons in the jurisdiction of the city of Padang has not been optimal. The obstacle in implementing restitution for children as victims of the crime of trafficking in persons is the lack of awareness of law enforcement officers on victim protection, especially restitution, which results in the rights of the victims of criminal acts being often neglected because they tend to be law enforcement are more focused on imposing criminal charges against perpetrators.
Copyright (c) 2024 Harmelia, Ilham Fattah Kaloko, Irfan Harmain, Dian Mustika Intan
Virtual Witness Testimony in Criminal Cases During the COVID-19 Pandemic: A Study on Evidence in the Banda Aceh Sharia Court
This study discusses the legal certainty of electronic criminal trials, particularly the presentation of witness testimony virtually during the COVID-19 pandemic. Guidelines for electronic criminal trials are needed to ensure uniform implementation and to uphold fair trial rights. As a province with the authority of the Syar'iyah Court, Aceh should be able to anticipate the spread of COVID-19 by implementing electronic trials. The research focuses on the regulations related to electronic trials, specifically the presentation of witness testimonies virtually as evidence in criminal cases, and the practices implemented at the Banda Aceh Sharia Court. This research uses a descriptive-analytical method with a qualitative approach. The sources of data for the research are field research and library research. The research results show that the form of legal certainty regarding electronic criminal trials or jinayat during the COVID-19 pandemic is the agreement on cooperation between the Supreme Court, the Prosecutor's Office, and the Ministry of Law and Human Rights on the Implementation of Trials Through Teleconference, which was then established by Supreme Court Regulation Number 4 of 2020 concerning the Administration and Trial of Criminal Cases in Court Electronically. In practice, the Banda Aceh Sharia Court determined that the presentation of witness testimony during the COVID-19 pandemic must be conducted in the courtroom. However, it is still carried out virtually to connect with the defendant in the detention center or prison where he is held.
Copyright (c) 2024 Mohammad Salim, Mukhsin Nyak Umar, Rahmat Saputra, Wisnu Adiyaksa Dault, Muhammad Hafidh Ath-Thayyar
Restitution to Victims of Rape Crimes: Examination of Judicial Decision Number 06/JN/2019/MS.Lsm
Recompense for victims of rape is governed by Article 51 of the Aceh Jinayat Law, which underscores the victim's entitlement to request recompense. In reality, judges do not impose restitution punishments on all rape cases, as the victims of rape do not submit a restitution request. This results from a deficiency in comprehension concerning the procedure for seeking recompense for the victim's incurred losses. This study examines the provision of recompense for rape victims through the lens of Islamic criminal law, specifically concerning the nature and status of reparation. This paper is a normative legal analysis. Data acquisition was performed via library research. The research findings indicate that the restitution mechanism within the Qanun Jinayat is inadequately detailed, resulting in numerous rape victims being unable to seek restitution. Consequently, judges cannot impose restitution penalties without such requests from the victims. In Islamic criminal law, reparation holds an equivalent status to diyat. The method for restitution in Islam does not necessitate a request; instead, the judge explicitly determines that the culprit is obligated to pay diyat to the victim of rape for their crimes. Consequently, the government should establish an institution to provide restitution to rape victims if the perpetrator is unable to pay restitution, as the provision of restitution is contingent upon the financial capability of the perpetrator. Furthermore, standards should be established to determine the minimum reparation that the offender must provide to the rape victim, ensuring that the restitution aligns with the losses incurred by the victim.
Copyright (c) 2024 Mursyid Djawas, Dedy Sumardi, Ratna Yusdiana, Atika Nabila, Cut Najwa Safa Yumna
Ngaming Customary Sanctions in the Resolution of Physical Violence Crimes in Gayo Lues: An Islamic Criminal Law Perspective
Physical violence is an act that causes pain, injury, or serious wounds. In the Gayo Lues community, there is a customary law that regulates sanctions against perpetrators of physical violence. Adat Ngaming, one of the customs of Gayo Lues, regulates the types and levels of sanctions and the weight of the sanctions according to the purpose of forming a law. This research examines how the Ngaming customary sanctions resolve physical violence cases according to the customary law of the Marpunge Raya settlement and the review of Islamic criminal law on Ngaming customary sanctions for perpetrators of physical violence in the Marpunge Raya settlement. This research uses the empirical legal research method through library and field data collection techniques. The research results show that Ngaming customs impose sanctions on perpetrators of physical violence crimes according to the type and severity of the actions committed by the perpetrator. Violence to the head that causes a lot of bleeding (blood flowing out) is compensated with one goat, and the bleeding wound is treated (luke besalin) until healed. If the blood flows a little (does not stream), it is compensated with a chicken, and the bleeding wound is treated (luke besalin) until it is healed. The Ngaming customary sanction is by the sanctions regulated in Islamic criminal law, where wounds on the head that bleed (al-Damiyah) and wounds on the head that do not bleed (ghair al-Damiyah) are subject to legal sanctions. For physical violence on objects other than the head and face, the penalty is to pay for medical expenses until recovery, which is not regulated in Islamic criminal law because violence on objects other than the head and face has different penalties, namely, ja’ifah wounds and non-ja’ifah wounds. The penalty for a ja’ifah wound is one-third of the diyat, while the penalty for a non-ja’ifah wound is qishash.
Copyright (c) 2024 Julida Yanti, Riza Afrian Mustaqim, Tgk. Sulfanwandi, Muhammad Rozaan Al-Faiz, Raja Aulia
Sentencing of Juvenile Narcotics Offenders in the Sidoarjo District Court
This research aims to answer the question of the judge's considerations in deciding a narcotics criminal case involving a child at the Sidoarjo District Court. And why is a form of legal protection provided to a child found guilty of committing a narcotics crime at the Sidoarjo District Court? This study is a legal research using a statute approach and a case approach. The analysis was carried out using qualitative juridical methods. The research found that the sentencing of a child in a narcotics case at the Sidoarjo District Court, based on Decision No. 12/Pid.Sus-Anak/2021/PN.Sda, considered the violation of Article 112 (1) of the Narcotics Law, the child’s confession, witness testimony, and evidence. The judge also took into account the child's age, emotional stress from parental divorce, and applied a restorative justice approach, opting for a six-month work training at Marsudi Putra Social Welfare Institution for rehabilitation, involving family, legal counsel, and the Probation Office.
Copyright (c) 2024 Leba Max Nandoko Rohi, Tanudjaja