Legal Compliance of Acehnese Muslim Society in Technological Disruption Era: Study of Online Gambling and Prostitution

This study aims to analyze the effectiveness of law enforcement against online gambling practices in the digital era, especially in Medan City, by reviewing the legal status of online gambling based on applicable laws and regulations, the impact of weak law enforcement, and efforts made by local law enforcement officers. The rampant cases of online gambling that are increasingly easily accessible through digital technology have caused social unrest as well as economic and moral losses in society. This study used a normative legal method with a legislative approach and literature study, and was supported by secondary data obtained through legal literature and official documents. The results of the study indicate that law enforcement in Medan City has not been running optimally because there are no regulations that specifically regulate online gambling, weak coordination between agencies, and a lack of supporting technological resources. Although enforcement efforts have been made by the police and related agencies, there are still many legal loopholes and technical limitations that are exploited by perpetrators to avoid legal entanglement. This study suggests the need for the formation of special regulations on online gambling, strengthening the digital capacity of law enforcement officers, and increasing public legal awareness as preventive measures in suppressing online gambling practices more effectively and sustainably.This research is relevant considering the importance of evaluating the extent to which positive law and law enforcement policies are capable of addressing the challenges of digital crimes, particularly online gambling.

This research discusses the phenomena on Islamic Criminal Law enforcement by applying whipping in the perspective of justice and human rights. Analysis is based on empirical research result in Nangroe Aceh Darussalam using socio-legal approach. Research data includes regulation related to Islamic Law enforcement and dynamic thought of the actors involved in the enforcement of Islamic Law. The research result shows that the competency of sharia court is limited to some criminal conduct regulated in qanun. Competency is limited to the Islam citizen. Key words : Syaria’ court, criminal act, voluntary self submission

The enforcement of Islamic law in Indonesia is still marked by various complexities, one of which is the unclear role of Judges, Law, Al-Mahkum Fih (object of law), and Al-Mahkum Alaih (subject of law). This study aims to analyze the crucial role of these four elements in the enforcement of Islamic law. Judges have a central role in the enforcement of Islamic law. They are tasked with trying cases based on Islamic law and ensuring justice for all parties. The role of judges is strengthened by a competent mastery of Usul Fiqh and an understanding of the developing social context. Islamic law used in law enforcement in Indonesia is sourced from the Qur'an and Hadith. The application of Islamic law must consider the local social and cultural context. A legal anthropology approach can be used to understand and accommodate local values ​​in the application of Islamic law. Al-Mahkum Fih is the act or action of mukallaf regulated in Islamic law. Al-Mahkum Alaih is an individual or legal entity that is the subject of Islamic law. Effective enforcement of Islamic law requires clear identification of Al-Mahkum Fih and Al-Mahkum Alaih.

In this era of digitalization, there are many changes in lifestyle, shopping, traveling, communicating and interacting, all online. Ironically, even crime has metamorphosed to adapt to the era of digitalization. Various forms of cybercrime such as phishing, spam, spying and gambling. Gambling fans are now starting to shift from traditional gambling to the trend of online gambling. In fact, interest is increasing day by day. This is because it is easy to carry out online gambling activities without fear of being raided by law enforcement officers. It is difficult to eradicate online gambling operators because they are operated with servers located abroad. The social impact that emerged was felt by the community. Starting from the high divorce rate due to online gambling, family financial problems, and triggering other criminal acts such as theft, robbery due to losing gambling. Multi-sector efforts that can be carried out by government agencies include collaboration between government agencies and law enforcement officials in carrying out public awareness campaigns, monitoring illegal websites that provide online gambling services, collaborating with international partners, as well as strengthening regulations and law enforcement efforts.

The process of proving narcotics trafficking cases in the digital era is closely related to the due process of law. However, if the proof process is carried out with legal defects, then the evidence obtained is also legally flawed, which renders it unusable as legal evidence before the trial. Considering this, the study aims to explore the criminal policy of law enforcement for narcotics trafficking in the digital era within the jurisdiction of Medan City, focusing on the factors that influence law enforcement and the criminal law enforcement policies for narcotics trafficking. This study adopts a normative legal research approach, using descriptive analysis and the statute approach. The data collection technique involves library research and interviews, with data analysis conducted through a qualitative method. The research results reveal that the most influential factor is the legal culture, as there is a stigma in law enforcement for narcotics crime, and everyone is suspected of being a dealer always seeking the lightest punishment and fast legal process. However, if the perpetrator is a narcotics user/abuser, there are Law Enforcement Officials who are unscrupulous and want the user to be subject to criminal sanctions as a dealer. In terms of law enforcement efforts, the penal policies carried out by law enforcement officials are still insufficient in eradicating narcotics trafficking in the digital era. The study suggests that with the support of the ITE Law regarding electronic evidence, law enforcement officials should be able to use these instruments in uncovering criminal cases to make it easier to prove. This is because, with the development of technology, information, and communication, the modes of drug trafficking are also growing rapidly. Keywords: criminal policy, digital era, narcotics circulation

Technological developments have a significant impact on social life, creating new opportunities and challenges. One of the negative impacts is cybercrime which increases risks and vulnerabilities. Effective law enforcement is necessary to protect individual rights and ensure digital security. The research method used in this study involves a juridical-normative approach to analyze the implementation of laws related to the use of artist photos for the promotion of unlicensed online gambling in Indonesia. Implementation of the ITE Law and PDP Law is important in dealing with cybercrime. Law enforcement through the ITE Law and the PDP Law is a crucial instrument in tackling this kind of cybercrime, but there are still challenges in the effectiveness and relevance of the two laws. Continuous efforts are needed to strengthen law enforcement, increase public awareness, and pay greater attention to victim recovery as part of Indonesia's commitment to ensuring the protection of human rights in the digital era. Synergy between law enforcement officials, the private sector and the community is needed for prevention, law enforcement and recovery of victims. Protection of individual rights, including artists who are victims of photo misuse, must be a priority with a holistic and collaborative approach. Indonesia can maintain and strengthen human rights principles in the digital era, while ensuring that perpetrators of cybercrimes that violate the law can be dealt with firmly and fairly.

Online gambling has rapidly become a pervasive issue in Indonesia, fueled by increased internet access and the widespread use of smartphones. This policy brief provides a comprehensive analysis of the social, economic, and legal impacts of online gambling in Indonesia, while offering actionable policy recommendations to mitigate its negative effects. This research synthesizes findings from six key studies and integrates insights from thematic analysis conducted through stakeholder interviews, including perspectives from psychologists, legal experts, law enforcement officials, and community leaders. The analysis highlights significant mental health challenges associated with online gambling, particularly among teenagers and family leaders, such as increased stress, anxiety, and family disintegration. Economically, online gambling leads to financial ruin for many families, resulting in debt accumulation, loss of assets, and broader community-level economic instability. Legally, the study identifies critical gaps in Indonesia's regulatory framework, which struggles to address the complexities of online gambling in the digital era. The findings underscore the need for comprehensive policy interventions, including updates to legal frameworks, enhanced law enforcement capabilities, public education initiatives, and community-based support systems. By implementing these strategies, Indonesia can more effectively combat the negative impacts of online gambling, protect vulnerable populations, and promote a healthier, more secure society.

Sexual crime case against children’s in Indonesia are increasing rapidly from time to time. The more tragic fact is that most of the suspect origins from their own kin or around the neighborhood, such as family, school officer, and their playmates sphere. According to Indonesian Child Protection Commision (KPAI), there are 2,275 cases occurred on 2011, 887 amongs them are sexual crime case with violent against children. The protection law towards children vastly consist of criminal law aspect, legal law aspect, material-formal law aspect, state administration law aspect, and of course, the legal law aspect. Sexual abuse against children are criminal case which has been coded in criminal law in Indonesia and also viewed theoritically from Islamic criminal law. Therefore, this Thesis is researching about how are the criminal sex cases againts children viewed from criminal law in Indonesia and Islamic criminal law aspect? And also how is the analysis of Law No. 35/ 2014 (Undang-Undang Nomor 35 Tahun 2014) concerning chemichal castration sanction viewed from Islamic Criminal Law? This research categorized as normative law research which pointing to laws and criminal law principal in Indonesia and also Islamic criminal law. This research using comparative-analysis-descriptive method which describe systematically the fact about cases by comparing the research description. This research compare the Indonesian criminal laws principal and Islamic criminal law principal, criminal law formula and Islamic criminal law formula, and also the rules about the chemichal castration sanction to the convicted sex crime againts children in Indonesian criminal law and Islamic criminal law. This research also analize the law no. 33/2014 concerning the sanction specially on the implementation of the law in society. Exclusive study on the Islamic criminal law theory concerning the goverment step on applying the rule, are also executed. There are two points earn from this reearch; the first one is sex crime against children is special crime case. The sanction of the violation arranged in the law no.35/2014 about child protection. In Islamic criminal law (fiqh jinayah) the chemichal castration sanction againts children is in form of jarimah ta’zir. Secondly, in the law no. 35/ 2014 about child protection consist the criminal law aspect, the urgent application about the law is the penal policy which include the protection for the child as the sex crime victim, law enforcement, and justice. The solution for the victim by using Restorative Justice concern measure and the effect againts children as the sexual crime victim. In non penal policy by the role of the parents, family, society, goverment, and the country, on their obligation to protect the child. Chemichal castration sanction studied in Islamic criminal law to give contribution needed by Islamic Law and inline with the principal of Islamic criminal law, especially to preserve the heredity (hifzu- nasli).

This study explained that Qanun No. 9/2008 of 18 cases were resolved through “village justice” or in accordance with adat (one of which was the case of khalwat) indicated that there wasn’t an explicit command of Aceh government to people in handing over the offence Qanun No. 14/2003 of khalwat to court (Mahkamah Syariah). In addition, Qanun No. 9/2008 indicated that Aceh government could do nothing to resolve the offences like khalwat through court (Mahkamah Syariah). The fact that there was no single (plural) jurisdictional authority encouraged people in looking for favorable rules. The number of khalwat offences weren’t resolved by Mahkamah Syariah by the cane (cambuk), but through traditional institutions by a variety of fine custom, asserting such this assumption. This study asserted Daniel S Lev’s point of view that Islamic law was never been accepted by unanimous anywhere. Islamic law was often modified to suit the local values, accepted, and regarded as Islamic law which derived its validity from the scholars or religious authority. This study also asserted the institutional theory of Gresham which said that a formal process tended to be avoided in order to resolve the dispute through a process which is more family-oriented and more accommodating. This study also criticized the opinion of Alyasa Abu Bakr said, that the completion of seclusion cases through traditional mechanisms will strengthen the enforcement of Islamic law. Instead, this paper put forward the argument that the resolution of these cases through traditional mechanisms seclusion will weaken the enforcement of Islamic law. Keywords: legal pluralism, fine custom, cane, khalwat

<p>The crime of child neglect by drug abusing parents is a serious problem that has significant social and humanitarian impacts. In the perspective of Islamic criminal law, the act of child neglect caused by drug abuse by parents is considered an act that violates sharia law and is detrimental to the welfare of society. Analysis of the crime of child neglect by drug abusing parents from the perspective of Islamic criminal law involves interpreting the principles of Islamic law relating to the protection of children's rights, parental obligations, and sanctions for violations of the law. In Islam, parents have a great responsibility to care for, educate and protect their children, and the act of child neglect caused by drug abuse is a serious violation of this obligation. From the perspective of Islamic criminal law, the criminal act of child neglect by drug abusing parents can be classified as an act that harms society and contradicts the principles of social justice. As a result, the perpetrators of such criminal acts may be subject to criminal sanctions in accordance with the applicable sharia law, which may include fines, corporal punishment, or other penalties appropriate to the severity of the offense. However, in applying punishment to perpetrators of the crime of child neglect by drug abusing parents, the Islamic criminal law system also considers mitigating factors such as the intention, psychological condition, and social environment of the perpetrator. Principles such as mercy, justice, and restoration are also upheld in Islamic law enforcement, which allows room for rehabilitation and reintegration of offenders into society. Thus, the analysis of the crime of child neglect by drug abusing parents from the perspective of Islamic criminal law emphasizes the importance of safeguarding the welfare of children and upholding social justice in society. Law enforcement based on the principles of Islamic law can provide a strong basis for protecting children's rights and ensuring that perpetrators of criminal acts are given sanctions that are balanced and beneficial to the common good.</p>

This article tries to reveal the existence of the Islamic Courts in the Sultanate of Buton to measure the extent of its role in the enforcement of Islamic Law in the past. History explains that when Islam entered the territory of Southeast Sulawesi, the kingdom of Buton changed its status to Buton Sultanate and applied Islamic law throughout the empire. Using historical approach, the researcher succeeded in revealing the fact that in the area of the past Sultanate of Buton, once stood two institutions of Islamic Court named Syarana Adati and Syarana Hukumu or Syarana Agama. The authority of Syarana Adati was to deal with criminal cases where as Syarana Hukumu or Syarana Agama took care of certain civil cases such as marriage, divorce and inheritance. Despite the separation of authority, the two institutions can be categorized as Islamic Courts because the legal system used as a backdrop was Islamic Law. The study also finds out that the two institutions play a significant role in the upholding of Islamic law in the past as they were supported by the kingdom, and a strong legal culture both among law enforcers and in the community

This journal is titled Criminal Law Enforcement Policies in Combating Online Gambling Reviewed from the Republic of Indonesia Law Number 19 of 2016 concerning Information and Electronic Transactions. The rapid technological advancements today provide a great opportunity for criminals to commit crimes. Online gambling offenses have now entered the Internet world, known as online gambling. To reduce the level of criminality in online gambling, it is necessary to understand the law enforcement policies in combating online gambling offenses and the obstacles law enforcement face in addressing these crimes. This journal uses a descriptive normative legal research method, which aims to describe rather than test hypotheses. There are two approaches to combating online gambling: preventive measures involve providing warnings and monitoring the online world using the Internet, while the second approach, repressive measures, involve capturing, processing, taking to court, and imposing criminal sanctions in accordance with Article 45 paragraph (2) of the ITE Law, Article 303, and Article 303 bis of the Criminal Code. Based on the research findings, the author suggests: 1. The need to enhance law enforcement capabilities by upgrading IT-based technological knowledge. 2. Law enforcement officials are encouraged to be more proactive in combating online gambling offenses. In the case of online gambling, authorities can potentially block online gambling sites on a large scale, which would help minimize existing issues.

This article is the third in a series of three articles on lay and expert witness testimony. The focus of this series of articles is in significant part upon the testimony of law enforcement officials in criminal cases. The first article examined the prosecution calling of law enforcement officials under the guise of lay witness testimony to render opinion testimony, a practice supported by the Department of Justice, thus avoiding expert witness disclosure and reliability requirements in spite of the amendment to Fed.R.Evid. 701 clearly distinguishing lay from expert witness opinion testimony. It also explained and critiqued the concepts of “particularized knowledge” “skilled” and “treating physician” lay witness opinion testimony. The second article was a primer on expert witness testimony addressed to attorneys trying criminal cases under the Federal Rules of Evidence or state evidence codes modeled thereon highlighting the critical operative components of Fed.R.Evid. 702-705 and the discretionary use of a hypothetical question. This article, building on the two prior articles in this set, examines expressions of concern appearing in recent federal court of appeals decisions that sometimes prosecutors in presenting overview, course of investigation, structure and terminology, along with summary law enforcement expert testimony, and occasionally summary law enforcement lay witness testimony, have done so in violation of the Federal Rules of Evidence and the Confrontation Clause. Since the 1980s the prosecution, particularly in federal court, has offered into evidence testimony by law enforcement officials, including participating case agents, opining on various items such as the nature, structure, operations, leadership, symbols, jargon, etc., of an organized crime family, gang, etc., identification of terms used to identify particular persons within the entity such as “captain,” “capo,” “regime,” or “crew,” as well as explain the meaning of communications containing “code” terminology. While admissibility for the foregoing purposes has been sanctioned by the courts, judicial opinion has at the same time expressed strong concern that employment of law enforcement officials as expert witnesses not cross the line from legitimate employment to “translate esoteric terminology” and “to explicate an organization’s hierarchal structure” and stray into the “illegitimate and impermissible substitution of expert opinion for factual evidence.” Substantial concern has also been expressed that the jury may improperly “place greater weight on [such expert testimony] perceived to have the imprimatur of the government” in part because “the jury may unduly credit the opinion testimony of an investigating officer based on a perception that the expert was privy to facts about the defendant not presented at trial,” as well as potentially “endorse the veracity of the testimony” presented during the course of trial by others. Finally, the testifying prosecution law enforcement official may improperly base his or her opinion testimony on conversations with non-testifying occurrence witnesses, codefendants and/or other law enforcement officials raising Fed.R.Evid. 703 and more importantly confrontation clause issues as well. The propriety or impropriety of law enforcement official expert witness testimony is affected by whether the particular law enforcement official (1) is also a lay fact witness, possibly but not solely, because involved in the matter as a participant, for example, an undercover agent making a drug purchase; (2) was the supervising case agent whether or not also a lay fact witness, as a participant or otherwise; or (3) is a law enforcement official testifying generally with respect to matters relevant in the case at hand having no personal involvement whatsoever. Finally, prosecutors have tendered law enforcement officials as expert witness in areas beyond broadly speaking structure and operation or coded terminology. Such expert witnesses have been employed to (1) explain the course of the government’s involvement with the accused and the criminal enterprise he or she is a part of; (2) as a summary expert at the conclusion of the case, raising issues previously encountered with hypothetical questions; or (3) are even more questionable, as an overview witness at the beginning if the government’s case in chief to give the jury a roadmap to follow.

Intellectual Property Rights, or IPR, are essential for economic development and innovation, especially in the current digital era. However, certain aspects need to be considered in the context of Islamic financial law to ensure that IPR is applied relatively and by legal principles, especially law of Islam. This article analyzes the perspective of Islamic economic law regarding IPR in the current digital era, including its protection, use, and utilization. This study is a normative juridical study using a statute approach, which begins by investigating existing laws and regulations both in the positive legal framework and in the Islamic legal framework, which is based on the Koran, Hadith, and fatwas of the Ulama. Based on the study, it was found that even though IPR is not stated explicitly in the sharia, it refers to its essence, which is equated with property (mal), based on the norms, values, and principles contained in Islamic law, especially the mashed asy sharia theory, protection of IPR is very basic and integrated into the belief held by Muslims that Islam, which consists of monotheism, sharia, and morals, is an inseparable unity and illegal use of IPR is an injustice. The urgency of this study lies in the importance of IPR protection to encourage innovation and creativity in various fields, as well as the importance of considering Sharia principles in the use of IPR to provide optimal economic benefits for rights owners and society.

This research aims to analyze aspects of law enforcement based on a socio-legal approach towards illegal parking officers in realizing justice. This research is socio-legal legal research which looks at law comprehensively including its relationship to non-legal aspects. The research results confirm that the factors related to the phenomenon of illegal parking officers are actually complex, including economic, social, cultural and political factors. The existence of illegal parking officers generally occurs because both regulations and law enforcement officers in Indonesia have not been optimal and effective in carrying out law enforcement efforts against illegal parking officers. The concept of criminal law enforcement against illegal parking officers based on a socio-legal approach can also prioritize non-penal and penal efforts so that it is hoped that the criminal law enforcement process can be carried out optimally. Efforts to enforce criminal law for illegal parking officers in realizing justice can be carried out by approaching legal and non-legal aspects in both preventive and repressive law enforcement.