Legalite : Jurnal Perundang Undangan dan Hukum Pidana Islam

Kesaksian Testimonium de Auditu dalam Kajian Hukum Pidana Islam

Alwi Sihab Siregar, Zulpahmi Lubis — Sat, 10 Jan 2026 09:16:43 +0800

This study aims to analyze the position, probative value, and relevance of testimonium de auditu within the framework of Islamic criminal law, while also examining it in comparison with positive criminal law. This research employs a qualitative library-based methodology using a normative juridical approach, enriched by conceptual and comparative approaches. Data are analyzed through content analysis and critical discourse analysis of fiqh jinayah literature, usul al-fiqh, and contemporary scholarly works. The findings indicate that testimonium de auditu does not possess the authority of a primary evidentiary instrument in Islamic criminal law; nevertheless, it may be conditionally accepted as supporting information through the concepts of istifadah and maslahah. These findings underscore the normative flexibility of Islamic criminal law in responding to the complexities of modern evidentiary practices while maintaining principles of prudence and substantive justice.

Hukuman Had Bagi Pelaku Pencurian Berkelompok Menurut Hukum Islam; Analisis Perbandingan Empat Mazhab

Muhammad Alwin Abdillah, Awwaluz Zikri, Sufrizal Sufrizal — Wed, 28 Jan 2026 09:07:19 +0800

This study aims to analyze the concept of had punishment for perpetrators of group theft in Islamic law based on primary sources (the Quran, Hadith, and the opinions of jurists from various schools of law), to identify differences in scholarly views regarding the criminal liability of each member of the group, and to assess the relevance and challenges of its application within the context of contemporary law. This article constitutes library research employing a qualitative approach with a descriptive-analytical methodology. The findings indicate that there are significant differences among Islamic legal schools in determining the had punishment for group theft. Some scholars argue that the punishment of hand amputation applies to all group members if all are directly involved and the legal requirements are fulfilled. Others, however, distinguish between the principal offender (muqtarin) and accomplices, while also considering elements such as coercion or lack of knowledge. The study further reveals that, in the contemporary context, the enforcement of had punishment for group theft is often associated with the principles of syubhat (legal doubt), restorative approaches, and human rights protection, thereby necessitating adaptive ijtihad without neglecting the principles of justice and the objectives of Islamic law (maqashid al-shariah).

Penanganan Tindak Pidana Penipuan Online melalui Alat Bukti Digital di Kepolisian Surakarta: Perspektif Hukum Positif dan Hukum Islam

Diana Berlian Nurjanah, Masrukhin Masrukhin — Fri, 30 Jan 2026 15:12:18 +0800

This study aims to analyze the patterns of handling online fraud crimes through digital evidence at the Surakarta Police and to assess their conformity from the perspectives of Indonesia’s positive law and Islamic criminal law. This research employs field research complemented by library research, using a qualitative approach with a juridical-empirical and normative-comparative method. The findings indicate that the use of digital evidence in investigative practices has largely complied with the Indonesian Criminal Procedure Code and the Electronic Information and Transactions Law, although it remains constrained by technical verification issues and the maintenance of the chain of custody. From the perspective of Islamic criminal law, digital evidence may be positioned as qarinah that possesses evidentiary value insofar as it fulfills the principles of al-bayyinah. This study demonstrates the normative convergence between positive law and Islamic law in strengthening a substantively just model of criminal proof in the digital era.

Perlindungan Hukum terhadap Pemegang Saham Minoritas yang Dirugikan Akibat Dilusi Saham: Analisis Putusan Pengadilan

Raden Aditya Barkah Nugraha, Sodikin Sodikin, Sawitri Yuli Hartati S. — Sat, 31 Jan 2026 00:00:00 +0800

This study aims to critically analyze judicial legal reasoning at various levels of adjudication, including district court, high court, cassation, and judicial review by the Supreme Court, in interpreting the legal protection of minority shareholders affected by share dilution. This research employs a normative legal method with a qualitative approach, relying on the analysis of court decisions, statutory regulations, and corporate law doctrines. The findings indicate that although Article 62 of the Indonesian Company Law constitutes an imperative norm oriented toward substantive protection, its application in the judicial review decision tends to be formalistic and disregards power imbalances inherent in corporate ownership structures. Such an approach ultimately weakens legal certainty and undermines minority investor protection within Indonesia’s corporate legal system.

Model Pencegahan Penyalahgunaan Narkotika Berbasis Edukasi Hukum di Desa Riwo Kabupaten Dompu

Sun, 01 Feb 2026 08:16:52 +0800

This study aims to analyze and formulate a legal education–based drug abuse prevention model in Riwo Village, Dompu Regency, and to assess its implications for enhancing community legal awareness. This research employs field research with a qualitative socio-legal approach, utilizing in-depth interviews, observation, and document analysis. The findings indicate that a participatory and community-based legal education model effectively improves legal literacy, fosters internally driven legal compliance, and strengthens the role of local actors in drug abuse prevention. This model offers a more humanistic, contextual, and sustainable preventive approach for the development of village-level drug prevention policies.

Penerapan Rehabilitasi Sosial bagi Penyalahguna Narkotika: Studi di Lembaga Pemasyarakatan Narkotika Kelas IIA Kabupaten Bangli

Josephine Yenni Sijabat, Made Sugi Hartono, Ni Luh Wayan Yasmiati — Tue, 03 Feb 2026 00:00:00 +0800

This study aims to analyze the implementation of social rehabilitation for drug abusers in the Class IIA Narcotics Correctional Institution, Bangli Regency. The research background stems from the need to understand how social rehabilitation is implemented within the correctional system, considering that drug abusers require not only legal guidance but also physical, mental, and social recovery to return to optimal functioning in society. This study employed an empirical research method with a qualitative approach. Data collection included field observations, interviews with correctional officers, addiction counselors, and inmates, and document analysis related to the implementation of the rehabilitation program. This research also focused on understanding how social rehabilitation is designed to support the recovery of drug abuse inmates and how it aligns with applicable regulations within the correctional system and drug prevention policies. The results of this analysis are expected to contribute to the development of social rehabilitation concepts and practices in correctional settings, as well as provide input for relevant parties in improving the quality of rehabilitation services for drug abusers.

Pertanggungjawaban Pidana terhadap Tindak Pidana Penculikan Anak oleh Orang Tua Kandung tanpa Hak Asuh

Revita Anggi Shelomita, Pepy Marwinata — Wed, 04 Feb 2026 08:43:09 +0800

This research is conducted with the aim of analyzing the criminal liability of parents without custodial rights who abduct a child from the parent holding legal custody. The analysis considers whether the biological relationship between parents and children can eliminate criminal liability, as well as how the applicable legal provisions in Indonesia regulate such acts. This study employs a normative legal research method by examining primary and secondary legal materials, which are then systematically analyzed to obtain an understanding of the regulation and application of law regarding child abduction committed by parents without custodial rights. The results of the research indicate that although parents without custodial rights have a biological relationship with the child, if they abduct the child from the custodial parent, the perpetrators remain subject to criminal sanctions because their actions fulfill the elements of a criminal offense. This research also emphasizes the importance of ensuring the best interests of the child as well as legal certainty for parents who lawfully hold child custody.

Penerapan Judicial Pardon di Belanda dan Indonesia: Analisis Komparatif terhadap Rechtelijk Pardon pada KUHP Baru di Indonesia

Cantika Qori Nirmalasari, Muhammad Azil Maskur — Thu, 12 Feb 2026 00:00:00 +0800

This study aims to comparatively analyze the normative construction, requirements for application, and implementation challenges of rechterlijk pardon in the Netherlands and Indonesia within the civil law system. The focus of the study is directed at comparing Article 9a of the Dutch Wetboek van Strafrecht and Article 54 paragraph (2) of Law Number 1 of 2023 on the Indonesian Criminal Code (KUHP), as well as identifying the objective parameters developed through the jurisprudence of the Hoge Raad. This article constitutes a qualitative library-based research. The methodology employed is normative juridical research with comparative, conceptual, and philosophical approaches. The findings indicate that the Netherlands has consistently implemented rechterlijk pardon through strict cumulative requirements and measurable objective parameters. In contrast, the regulation of judicial pardon under the 2023 Criminal Code remains general and ambiguous, and lacks technical guidelines, thereby potentially creating legal uncertainty and the risk of abuse of power.