This research aims to uncover how Islamic criminal acts towards social media crimes. This study also elaborates on how Islam assesses Indonesian criminal prosecution against social media crimes. The approach used is a juridical normative to assess the criminal law system in force in Indonesia with the Islamic criminal perspective as grand theory. The results found that crime through social media was adapted with the crime in Islamic law namely Hudūd, qisas diyat and tazir. This research also found that the Indonesian legal system provides legal rewards for perpetrators of crimes through social media charged with the Information and Electronic Transactions (ITE) Law still needs to be expanded. Crimes through social media most often threatened by the ITE Law are insults to the government or symbols of the state, threatening and defamation of others, insults to others and violating SARA (ethnicity, religion, race and intergroup). Cybercrimes related to adultery, alcoholism and terrorism must be considered because they are a serious threat. Prison penalties and fines that are most often sentenced to perpetrators of social media crimes include part of criminal tazir which is following Islamic criminal law.
Positive crimes and Islamic crimes are the same in terms of determining a crime and violation. The difference lies in the aspect of punishment which is known as punishment. Although there is an element of difference between the two, it has a point of relevance of objectives between Indonesian criminal sanctions and Islamic criminal sanctions. This is especially related to the divine value between Islamic criminal sanctions and Indonesian criminal sanctions. The right of Allah swt. contained in the application of Islamic criminal sanctions is one of the teachings of Islam. However, in the application of punishment in the Indonesian legal system it still included divine elements because the source of Indonesian law, namely Pancasila and the 1945 Constitution, accommodated the divine spirit. Indonesian Criminal Law has Islamic legal values ??in the form of divine value, education and maintaining stability in society. Thus, the peak of relevance between Islamic criminal sanctions and Indonesian criminal sanctions together requires the issue of maintaining stability in society. It is time for Muslims to unite in terms of discussing the inclusion of Islamic criminal law sanctions into the renewal of Indonesian criminal and criminal prosecution. Abstrak: Pidana positif dan pidana Islam sama dalam hal menentukan sebuah kejahatan dan pelanggaran. Perbedaan terletak pada aspek pemberian hukuman yang dikenal dengan pemidanaan. Walaupun ada unsur perbedaan dari keduanya, tetapi memiliki titik relevansi tujuan antara pemidanaan Indonesia dan sanksi pidana Islam. Hal yang terkait terutama dalam nilai ilahiyah antara sanksi pidana Islam dan pemidanaan Indonesia. Hak Allah swt. yang termuat dalam keberlakuan sanksi pidana Islam merupakan salah satu ajaran Islam. Akan tetapi, dalam keberlakuan pemidanaan dalam sistem hukum Indonesia pun masih memasukkan unsur ilahiyah karena sumber hukum Indonesia yaitu Pancasila dan UUD 1945 mengakomodir spirit ketuhanan. Pemidanaan Indonesia memiliki nilai-nilai hukum Islam berupa nilai ilahiyah, pendidikan dan menjaga stabilitas dalam masyarakat.. Dengan demikian, puncak relevansi antara sanksi pidana Islam dan pemidanaan Indonesia sama-sama menghendaki persoalan menjaga stablitas dalam masyarakat. Sudah saatnya umat Islam bersatu dalam hal mewacanakan untuk memasukkan sanksi hukum pidana Islam ke dalam pembaharuan pemidanaan dan pidana Indonesia.
2 June 2020 in KURIOSITAS: Media Komunikasi Sosial dan Keagamaan
The purpose of this article is to elaborate on the essence of maintaining religious moderation amid the covid pandemic 19. The social-religious approach was conducted by observing the facts that occur in society. The result indicates that moderate priorities in religion during the covid pandemic 19 became a necessity. Consequently, maintaining personal safety and the wider community should become a priority due to the absence of alternative rather than forcing the will to carry out worship in the mosque or in certain places. Islamic law provides rukhsah when the ummah is not in proper conditions to do such rituals like praying in the mosque. On the other hand, people are required to better understand fiqh in the pandemic of Covid 19 by not leaving conventional fiqh. Adapting the religious moderation during or after the covid pandemic 19 becomes a necessity, especially relations between humans by avoiding and blocking the transmission of the virus in various ways. Acceptance of the new habit caused by covid 19 from various aspects, especially the worship habits of the people should be considered. The principle of avoiding harm is more important than carrying out benefits is one of the ways in Islam to maintain religious moderation. Keywords: Religious Moderation; Pandemic; Corona Virus; Covid 19
26 December 2021 in SAMARAH: Jurnal Hukum Keluarga dan Hukum Islam
This study aims to provide new ideas in the criminal law reform discourse in Indonesia, especially concerning the adultery issue, by employing a socio-legal approach and Islamic criminal law. The socio-legal approach was performed by combining normative analysis and non-legal scientific tactics in observing the applicable law. Meanwhile, the Islamic criminal law was used to assess and contribute new ideas to the Indonesian legal system in the future, presuming criminal law reforms are implemented. The results indicated fundamental weaknesses in Article 284 of the Criminal Code (KUHP) in terms of defining adultery and the prescribed sanctions. Hence, the community’s need for efforts to reform the adultery penalty following the national culture is inevitable. The best solution is that the spirit of adultery sanctions in Islamic criminal is expected to be an alternative to renew Indonesia’s criminal law system in the future. Although some elements of the nation may not expect the form of adultery sanction in Islamic penalties, the spirit in it aims to have strong legal certainty and maintain human life
26 January 2021 in WSEAS Transactions on Business and Economics
Age is often one of the factors determining the target market of a business. By knowing the potential customer's age, we determine what kind of marketing strategy should be proposed. Along with the times, many business people are eyeing millennials because of their consumptive lifestyle. It is not surprising that millenials have now dominated consumer databases. The facts have not skipped the attention of the sharia banking sector in Indonesia. This study aims to construct the opportunity for Bank Syariah Indonesia to grasp millennials as a market share. This study uses field research with qualitative methods, carried out by descriptive analysis. The data sourced from interviews and questionnaires. Islamic banks' opportunities to attract millennials include familiarity with Islamic banking products and contracts, momentum of Hijrah, digitizing Islamic banking, and unique segmentation. These opportunities can be taken into consideration in expanding the Islamic banking market in Indonesia.
2 September 2021 in WSEAS Transactions on Business and Economics
The national economy of Indonesia is prepared based on economic democracy with the principles of togetherness, justice, sustainability, environmental insight, independence, and maintaining a balance between progress and national economic unity. On of the indicators is the availabitity of legal standing of business competition. This article aims to reveal the type of legal approach used by the Regional Representative Commission or Komisi Pengawas Persaingan Usaha (KKPU) of Makassar City towards law enforcement in business competition in Makassar, South Sulawesi. The research method used in this research is field research, which reveals the facts that occur in the field. The results of the research found that the decision of the KPPU Regional Representative Office of Makassar City which was the object of research indicated that in enforcing business competition law, it used a legal positivism approach as indicated by three indicators: First, KPPU decided cases solely based its decisions on legal norms in law; Second, KPPU uses syllogistic analysis in making decisions; Third, KPPU does not consider non-legal factors in making decisions