Criminal law is conventionally understood as a mechanism to limit arbitrary state power and protect society from crime. However, critical legal scholarship has long emphasized its function as a political instrument capable of reinforcing existing relations of power and domination. Upon this background, this article examines the political instrumentalisation of criminal law through the cases of Tom Lembong and Hasto Kristiyanto, which serve as the principal objects of reflection in this study. This research adopts a legal philosophy approach grounded in the Critical Legal Studies (CLS) tradition, particularly drawing upon the works of Mark Tushnet and Samuel Moyn. The analysis further advances the CLS concept of oppositionalism to examine how criminal law operates within competing political interests and power structures. The study finds indications of the instrumental use of criminal law in both cases. From a CLS perspective, this phenomenon can be understood through the concept of functional underdeterminacy, whereby legal institutions and mechanisms are capable of serving identical political objectives through contrasting legal modalities. In one instance, political objectives are pursued through criminal prosecution, while in another they are advanced through the termination of criminal proceedings by means of executive clemency. These findings highlight the indeterminacy of law and its susceptibility to political contestation and strategic deployment by holders of political power.

The article examines the criminal-law characterization of cybercrimes committed through the use of artificial intelligence technologies, taking into account current trends in the digitalization of social relations and the transformation of criminal activity within the information environment. It is substantiated that the rapid development of artificial intelligence gives rise not only to new opportunities for automation, data processing, and increasing the efficiency of digital processes, but also to additional criminogenic risks associated with the use of such technologies for the commission of socially dangerous acts in cyberspace. Particular attention is paid to the fact that the use of artificial intelligence in the mechanism of cybercrime commission complicates the process of detecting, documenting, and properly assessing unlawful conduct under criminal law. The article analyzes general approaches to understanding cybercrime as a distinct form of criminal activity that encroaches upon the security of information systems, computer networks, electronic communications, and the related social relations. Special attention is given to the impact of artificial intelligence on the modification of traditional methods of committing cybercrimes, in particular through the automation of unauthorized interference, the concealment of criminal activity, the creation of malicious software, the manipulation of information, and the imitation of human digital behavior. It is determined that, in the context of the development of intelligent technologies, particular importance attaches to the proper classification of acts, the establishment of the form of guilt, causation, and the distinction between the use of artificial intelligence as an instrument for committing a crime and cases of its lawful application. It is concluded that the criminal-law characterization of cybercrimes committed through the use of artificial intelligence requires comprehensive scholarly analysis in view of contemporary technological challenges, law enforcement practice, and the need to improve approaches to criminal-law response to emerging forms of criminal activity.

ABSTRACT This article examines the Meloni government’s security agenda, focusing on its reliance on the creation of new criminal offences and the imposition of harsher penalties for existing ones. After analysing the political and legal rationale underpinning this approach, the article assesses its principal effects, both positive and negative, and considers the procedures through which these measures have been enacted. In doing so, it offers a broader reflection on the relationship between Parliament and Government in the legislative process and on the role of criminal law as an instrument of public policy.

Healthcare is a fundamental right of every citizen and must be provided safely, with quality, and professionally. In practice, surgical procedures carry a high risk of causing harm to patients if negligence is committed by doctors or other medical personnel. Doctors’ negligence in surgical procedures remains one of the legal issues that frequently gives rise to disputes between patients and hospitals. Surgical procedures that are not carried out in accordance with professional standards and standard operating procedures may result in physical and psychological harm, and even the death of the patient. Hospitals are healthcare institutions that play an important role in realizing the highest possible level of public health. As healthcare facilities, hospitals not only provide medical facilities and infrastructure, but also coordinate the various health workers involved in delivering services to patients. In practice, hospitals and health personnel, particularly doctors, have a close relationship in providing healthcare services that are safe, of good quality, and in accordance with professional standards. Therefore, the legal relationship that arises between hospitals, health personnel, and patients is not only related to aspects of medical services, but also to aspects of legal liability when a patient suffers harm. In the development of health law, the concept of hospital liability was initially based on the doctrine of vicarious liability. This doctrine places hospitals as parties responsible for the acts of health workers who work within an employment relationship or under the supervision of the hospital. In other words, mistakes committed by health workers may give rise to liability for the hospital as the employer. However, the increasingly complex development of healthcare systems shows that the doctrine of vicarious liability is not always able to provide optimal legal protection for patients or to answer the various legal problems that arise in the provision of modern healthcare services. Hospitals may be held liable under civil, administrative, and criminal law if negligence causing patient harm is proven. Law Number 17 of 2023 concerning Health strengthens legal protection for patients while expanding the responsibility of healthcare institutions for the quality of the services provided.

ABSTRACT The article examines how Italy’s current far-right government is reshaping discourse and policy on gender-based violence through processes of depoliticization and the selective appropriation of feminist language. While existing scholarship has analysed anti-gender mobilizations and the appropriation of feminist claims by nationalist actors, this contribution focuses on gender-based violence as a key site of discursive and epistemic redefinition. Drawing on the concept of the anti-gender regime, the article argues that state responses do not dismantle anti-violence policies but rather reconfigure their underlying assumptions, transforming how violence is understood, addressed, and governed. Through a qualitative analysis of recent legislative initiatives, including the so-called Femicide Decree and a draft law introducing mandatory informed consent for gender and sexuality education, the paper identifies four mechanisms driving this shift: the symbolic use of criminal law, the individualization of social problems, the populist reframing of violence, and the strategic deployment of procedural tools to marginalize dissent. Rather than denying gender-based violence, these policies redefine it as an individual and moral issue while limiting structural and educational approaches to prevention. The article contributes to debates on gender and far-right politics by showing how the reframing of feminist issues has become a central dimension of contemporary democratic backsliding.

ABSTRACT This paper examines whether the expansion of post-colonial states into Indigenous territories – specifically the Conquest of the Desert in Argentina (1878–1885) – constitutes genocide under the Convention on the Prevention and Punishment of the Crime of Genocide (CPPCG). A central challenge in this analysis is the principle of non-retroactivity, which prohibits punishing conduct that was not legally defined as a crime at the time it was committed. I argue that while retroactive punishment is forbidden, retroactive recognition of genocide is not. Drawing on legal and philosophical arguments, the paper contends that the Conquest of the Desert satisfies the criteria for genocide established by the CPPCG. At the same time, recognising these events as genocide does not violate the principle of legality, because the underlying acts were already punishable under the criminal law in force at the time. Courts may therefore characterise such conduct as genocide while applying the penalties prescribed by the law applicable when the crimes were committed. This approach allows the legal system to acknowledge the specific gravity of genocidal violence while respecting the prohibition of retroactive punishment, contributing to ongoing debates on historical justice and accountability for past human rights violations.

Stefan Glaser’s scholarly work covers a wide range of topics, from the philosophy of punishment – or, more broadly, the philosophy of criminal law – through core issues in criminal law dogmatics, to discussions devoted to the regulations concerning the imposition of penalties, specific crimes, and finally, matters of international criminal law. He also studied procedural issues. In each of these areas, he published a significant number of works, including monographs and commentaries. In his research, he took into account both the philosophical perspective and criminological issues. He applied the dogmatic method with expertise and precision. He addressed issues of fundamental importance to criminal law and criminal procedure. In many respects, he highlighted the shortcomings of existing legal regulations, gaps and regulatory imprecisions, and sought satisfactory solutions to problems that troubled theorists and posed difficulties for practitioners. His works on the philosophy of punishment and the philosophy of criminal law, analysed from the perspective of the philosophy of punishment, are of particular significance, as are his writings on the foundations of liability for joint perpetration in the commission of crime. In his analysis of punishment, he sought to reconcile two opposing approaches: the retributive approach and the utilitarian approach. Although he clearly favoured retributivism, he also recognised certain advantages of the utilitarian approach. In seeking a kind of compromise between these competing approaches, he pointed to proportionate punishment of the perpetrator as the fundamental purpose and meaning of punishment. At the same time, he did not rule out the preventive, protective and rehabilitative functions of punishment. He stipulated that these functions could only be implemented on a subsidiary basis, provided that they did not violate the essential nature of punishment. In the area of liability for joint perpetration, he primarily focused on the paradoxes of the model developed by Juliusz Makarewicz. Recognising the limitations of liability for incitement and assistance, he advocated indirect perpetration as a means of resolving doubtful cases. He justified its place in the Polish criminal law system on the grounds of logic, criminal policy needs, and the preservation of certain elements of accessory liability in the Polish concepts of incitement and assistance. In this respect, he was clearly opposed to the position of the concept’s originator, Makarewicz. Regarding liability for causative forms of complicity, he drew attention to the consequences of the erroneous omission of a provision in the general part of the Criminal Code that establishes the basis for liability for joint perpetration. He consistently argued that, for this reason, under the provisions of the 1932 Criminal Code, it was impossible to apply the extra-statutory concept of joint perpetration to attribute liability in cases currently referred to as parallel co-perpetration. In both areas, Glaser’s views remain relevant today, constituting an important addition to analyses of criminal law.

There is a regulation regarding oil and gas business activities that includes criminal sanctions is Law Number 22 of 2001 concerning Oil and Gas as amended by Law Number 11 of 2020 concerning Job Creation in conjunction with Law Number 6 of 2023 concerning the Preparation of Work and Budget Plans. Which explicitly regulates that every downstream business activity, including transportation, storage, trade, and processing, must have government permission, and that the trade in subsidized fuel can only be conducted by businesses with a trade license. Violations of these provisions are subject to criminal sanctions, indicating that the state takes the misuse of subsidized fuel management and distribution seriously. Although the law has prohibited and threatened heavy penalties and a regulatory framework is available, in reality, many people still engage in the misuse of transportation and trade licenses for subsidized diesel fuel. The purpose of this research is to explain the application of criminal penalties against subsidized solar traders without a business license in court rulings. The research method used is empirical juridical, which is legal research conducted by examining legal events in the field. The research results show that the application of criminal penalties against subsidized diesel traders without a business license in the court decisions reviewed reflects the state's commitment to protecting public interests, securing state finances, and creating order in the subsidized fuel distribution system. However, the effectiveness of criminal penalties as an instrument of law enforcement will only be optimally achieved if it is balanced with consistency in the imposition of sanctions, strengthening the supervision of subsidized fuel distribution in the field, and the continuous enhancement of public legal awareness.

The phenomenon of juvenile recidivism presents significant legal challenges due to the absence of explicit provisions governing the criteria, indicators, and legal consequences of recidivist status for children under Law Number 11 of 2012 concerning the Juvenile Criminal Justice System. This regulatory gap generates legal uncertainty and creates a tension between the imperative of law enforcement and the protection of children’s rights. This study aims to examine the requirements for determining juvenile recidivist status within the Indonesian criminal law system and to analyze judicial considerations of reoffending in Decision Number 17/Pid.Sus-Anak/2025/PN Jkt.Pst. Employing a normative legal research method, the study adopts statutory, conceptual, and case-based approaches, supported by qualitative, descriptive, and prescriptive analysis. The findings indicate that the regulation of juvenile recidivism remains characterized by a normative vacuum, thereby rendering its implementation highly dependent on judicial interpretation. The examined decision demonstrates that a developmental approach continues to be prioritized through placement in the Child Special Development Institution (LPKA) as a mechanism for child protection and rehabilitation.

The article addresses the problems of criminal law protection of intellectual property created with the use of artificial intelligence technologies. The purpose of the study is to identify criteria for distinguishing authorship in relation to such results and to assess the legislative mechanisms of liability for actors involved in AI technological chains. Based on an analysis of doctrinal approaches and the draft Federal Law “On the Fundamentals of State Regulation of the Application of Artificial Intelligence Technologies in the Russian Federation”, the paper substantiates the creative contribution criterion as a basis for recognising authorship and acquiring exclusive rights. It is shown that the liability model proposed in the draft law conflicts with the criminal law principles of fault and legality. The study formulates de lege ferenda proposals to clarify the regime of protection of intellectual property created with the use of AI.

Marion Fourcade and Kieran Healy developed the notion of "classification situations" to describe how ordinal schema that sort and rank individuals, like credit scores, are used to differentiate opportunities, prices, and services in ways that structure life chances while masking inequality as meritocratic. We argue that contemporary criminal records increasingly function as such classificatory tools. The proliferation of alternatives to traditional case processing and record-relief policies challenge the widely-held view of criminal records as binary markers of exclusion by revealing a system that is increasingly gradational, dynamic, and responsive to intervention. Drawing on examples from criminal law, policy, and the private market, we show how opportunities to mitigate or remediate criminal record marks are structured to reward those with greater social and material resources. We then test our theory using linked, individual-level administrative criminal record, education, and unemployment insurance wage data. Our findings illustrate how the severity of a criminal record is not necessarily based on factual guilt or culpability but rooted in social advantage.

Human trafficking is a transnational organized crime that poses a serious threat to human rights and frequently involves multiple actors with varying degrees of participation, including accomplices (medeplichtigheid). However, the legal interpretation of aiding and abetting and the corresponding scope of criminal liability continue to present challenges in law enforcement practice. This study aims to analyze the legal determination of aiding and abetting in human trafficking offenses under Indonesian criminal law and to formulate the limits of criminal liability for individuals who fulfill this element, while emphasizing victim protection as a primary objective. The study employs a normative legal research method using statutory, conceptual, and case-based approaches. The findings indicate that aiding and abetting in human trafficking requires the existence of actual assistance, intentional participation, and a functional connection between the assistance provided and the exploitation of the victim. Criminal liability should therefore be assessed based on the degree of culpability and the extent of an accomplice’s contribution to the trafficking network. The study concludes that clearer legal standards regarding aiding and abetting can strengthen efforts to combat human trafficking while enhancing the protection, recovery, and fulfillment of victims’ rights.

This study examines the role of exposure as the decisive variable in determining the effectiveness of deterrence in corruption law enforcement, particularly in policy corruption cases in Indonesia. Using a doctrinal legal research method with statute, conceptual, and case approaches, this research analyzes Law Number 1 of 2023 on the Criminal Code and Decision Number 34/Pid.Sus-TPK/2025/PN Jakarta Pusat concerning the sugar trade case. The study employs GONE Theory (greed, opportunity, need, and exposure) to identify criminogenic factors, positioning exposure not solely as a supporting element but as a structural and epistemic condition that determines the visibility and enforceability of anti-corruption law. It is found that low exposure prevents penal threats from being perceived as credible risks, thereby weakening deterrence even when legal elements are formally fulfilled and sanctions are imposed. This condition is reinforced by a formalistic, result-oriented enforcement approach that prioritizes state financial loss while under-articulating abuse of authority as a breach of public trust. The findings suggest that deterrence failure should be reconceptualized as resulting from low exposure rather than insufficient punishment severity. Accordingly, it proposes a reconstruction of criminal liability through strengthening official culpability and operationalizing dolus eventualis, supported by transparent, consistent, and communicative judicial reasoning to enhance the preventive and normative functions of criminal law.

Abstract Sexual violence against children is a serious socio‐legal problem in Aceh, Indonesia, a plural legal system comprising national law, Islamic criminal law, and customary institutions. The research examined the effectiveness of existing legal and institutional responses to child sexual violence and designed a culturally sensitive model of restorative justice for the Acehnese socio‐legal context. The study used a qualitative socio‐legal case study approach and involved 19 informants, including judges, prosecutors, police investigators, community leaders, NGO workers, child protection activists, and victims' parents. Data were collected through semi‐structured interviews, analysis of five anonymized case files, and field observations. Thematic analysis was performed using the framework of Braun and Clarke, and manual coding was assisted by an Excel‐based matrix. The results showed that the overlapping jurisdictions of the Juvenile Criminal Justice System, Child Protection Law, Qanun Jinayat, and Mahkamah Syar'iyah resulted in legal uncertainty, delays in the court process, fragmented victim protection, and the possibility of secondary victimization. Existing punitive approaches were inadequate for psychosocial recovery and long‐term child protection. Restorative justice was conditionally backed when delivered through trauma‐informed mediation, voluntary participation, psychosocial assistance, institutional coordination, and ethical safeguards. This paper proposes a child‐centered restorative justice framework including legal accountability, psychosocial recovery, community participation, and socioreligious legitimacy in Aceh's plural legal system.

The Indonesian Criminal Code (Kitab Undang-Undang Hukum Pidana/KUHP) has legitimized the applicability of customary criminal law across various regions in Indonesia. The legal basis for this recognition is found in Article 2 of the KUHP, which acknowledges the existence of law that lives within society (living law). Therefore, the implementation of living law becomes essential in realizing substantive justice grounded in local wisdom, as well as in preventing legal vacuums. The existence of Article 2 integrates customary law into the national legal system, ensuring that the law is not merely written but also responsive to the community’s sense of justice. The research problems addressed in this study are: (1) what types of customary offenses and legal sanctions are regulated under Bengkulu City Regional Regulation Number 29 of 2003; and (2) whether such types of customary offenses remain relevant in accommodating living law. This study employs a normative legal research method. The findings indicate that, first, the types of customary offenses stipulated in Bengkulu City Regional Regulation Number 29 of 2003 remain applicable in Bengkulu City and are consistent with the values of Pancasila, the 1945 Constitution of the Republic of Indonesia, human rights principles, and general principles recognized by the community of nations. The provisions concerning customary criminal sanctions are divided into two forms: customary sanctions with a maximum fine equivalent to Category II as regulated in the KUHP, and action-based sanctions adjusted to the customary law community in Bengkulu City. Second, the types of customary offenses regulated in Bengkulu City Regional Regulation Number 29 of 2003 remain relevant in accommodating living law. Therefore, the government needs to synergize with customary institutions and traditional leaders in fostering and rehabilitating offenders.

Unlicensed medical practices (UMPs) pose a substantial threat to patient safety and public health, but their clandestine nature makes them difficult to monitor through conventional surveillance systems. Legal epidemiology offers a framework for using judicial data to study hidden health-related misconduct, and machine learning (ML) may help convert unstructured legal texts into analyzable public health information. This study aimed to characterize prosecuted UMP cases in South Korea using a legal infoveillance framework and evaluate the utility of ML-assisted extraction from criminal court decisions for public health surveillance. We conducted a retrospective observational study of 1532 criminal court decisions involving UMP-related convictions in South Korea between 2005 and 2023. Using an ML-assisted extraction pipeline with human-in-the-loop verification, we transformed unstructured judicial texts into structured legal and medical variables. Analyses were conducted at the case, charge, defendant category, and legal ruling levels. In addition to descriptive analyses, we performed exploratory inferential analyses to examine factors associated with legal rulings and professionals' involvement. Of 1718 charge entries, 987 (57.5%) were related to Article 5 of the Act on Special Measures for the Control of Public Health Crimes, and 731 (42.5%) were related to Article 27(1) of the Medical Service Act. Profit motive was coded in 91.6% (1404/1532) of the cases. At the legal ruling level (n=2004 entries), suspended sentences, meaning sentences whose execution was conditionally suspended under Korean criminal law, were the most common outcome (1261/2004, 62.9%), followed by fines (421/2004, 21%) and imprisonment without suspension (209/2004, 10.4%). Of 1716 defendant category entries, ordinary persons accounted for 1294 (75.4%), health care professionals accounted for 264 (15.4%), and health care providers accounted for 158 (9.2%). Physicians were the largest subgroup among health care professionals. In exploratory multinomial models, licensed personnel-only and mixed ordinary person and licensed personnel cases were more likely than ordinary person-only cases to result in fines or imprisonment without suspension rather than suspended sentences. Secondary exploratory analyses also suggested distinctive patterns of professional involvement and possible scope-of-practice or delegation-related boundary violations. ML-assisted analysis of criminal court decisions can serve as a useful supplementary surveillance method for hidden UMPs. In South Korea, prosecuted UMPs were predominantly profit driven and involved both ordinary persons and licensed personnel. The findings support closer monitoring of scope-of-practice and delegation-related violations and demonstrate the value of judicial records as a source of public health intelligence.

ABSTRACT Prostitution Diversion Programs (PDPs) attempt to address underlying circumstances that lead people to sell sex, using court-monitored rehabilitation in lieu of prosecution or incarceration. Based on interviews with 26 current and former professional court stakeholders and participants, conducted in 2021, this study examines Philadelphia’s PDP, “Dawn Court,” through a social work micro – macro lens that calls for combined individual and social interventions. Findings suggest that Dawn Court offers solely micro-interventions, criticized by the research respondents for being insufficient, coercive, and lacking clear parameters. Macro interventions are referred to, by research respondents, mainly regarding their trauma-informed approach. Research respondents conveyed macro criticism, addressing the need for criminal law changes and reallocating law-enforcement funds to develop lacking community services. Yet, such criticism was not directed at the court or perceived as its responsibility. Based on the theoretical macro social work view, we challenge this perception and call for PDPs and problem-solving courts to take on social change responsibilities in addition to their individual-focused interventions, thus implementing a combined micro-macro solution to social problems.

The article provides a comprehensive criminological analysis of alcoholization and drug addiction as background phenomena of crime that significantly influence the formation of individual criminogenic behavior and the overall trends of contemporary criminality. It is substantiated that the consumption of alcohol and narcotic substances should not be considered solely as a medical or social issue, since their criminogenic potential manifests itself through profound deformation of the motivational, value- based and volitional spheres of personality, reduction of self-control, and impairment of the ability to critically assess one’s own actions. The study emphasizes that alcoholization, being a socially tolerated phenomenon, acts as one of the most widespread catalysts of violent and domestic crime, especially under conditions of urbanization and increased social tension. It is demonstrated that a state of alcohol intoxication contributes to the escalation of interpersonal conflicts, transformation of antisocial behavior into criminal acts, and reproduction of deviant behavioral patterns at the intergenerational level. Special attention is paid to drug addiction as a more dangerous criminogenic factor characterized by the formation of persistent dependence and a specific motivation for criminal behavior. It is argued that drug dependence leads to a systemic nature of criminal activity, a high level of recidivism, and involvement of individuals in criminal environments, including offenses related to illicit drug trafficking. Based on the analysis of scientific approaches and official statistical data, the article reveals criminological characteristics of offenders who commit crimes under the influence of alcohol or drugs and highlights the role of psychoactive substances in the structure of serious and especially serious criminal offenses. Considerable attention is devoted to the criminal law assessment of intoxication, particularly to the analysis of Articles 21 and 67 of the Criminal Code of Ukraine, which establish a coherent model of criminal liability and punishment individualization for offenses committed in a state of intoxication. The author concludes that effective counteraction to crime associated with alcoholization and drug addiction is impossible solely through criminal law measures. Instead, it requires the implementation of a comprehensive prevention system combining general social, special criminological, and individual preventive mechanisms aimed at reducing the criminogenic impact of psychoactive substances and enhancing public safety in modern society.

Although forensic psychiatric assessments of fitness to stand trial are well established in criminal law, the analogous question of civil litigation capacity, particularly the ability to commence or continue legal proceedings, receives far less attention. In this article, we examine the statutory frameworks and case law governing litigation capacity in Canada and the United States. Focusing on decisions such as Carmichael v. GlaxoSmithKline Inc. and In re Mirapex Products Liability Litigation, we analyze the legal criteria used to toll limitation periods, evaluate how courts distinguish functional incapacity from psychiatric diagnosis, and highlight the presumption of capacity as a core principle. We also consider comparative standards, emerging rights-based approaches under the United Nations Convention on the Rights of Persons with Disabilities (CRPD), and the implications for forensic psychiatric practice. Emphasis is placed on the importance of functional assessment and supported decision-making models, offering forensic clinicians practical guidance aligned with contemporary legal values.

The Bugo tradition in Sangowo Village, Morotai Island Regency, is the practice of taking fruit or goods from someone's garden by leaving a sign as notification to the owner. This practice raises legal issues when confronted with theft under the Criminal Code and sariqah in fiqh al-jināyāt. This study employs a legal-empirical or socio-legal method with conceptual and comparative approaches to analyse Bugo's legal status from the perspectives of positive and Islamic criminal law. The results show that although Bugo formally fulfills the elements of Article 476 of the Criminal Code, its material unlawfulness is nullified because it is a living law accepted by the community and qualifies as a reason for criminal exemption outside the law. From the fiqh al-jināyāt perspective, Bugo does not fulfill the elements of khufyah and qaṣd al-sariqah, while strong shubhah from ʿurf nullifies the ḥadd based on the rule of "idrāʾ al-ḥudūd bi al-shubuhāt" (ḥudūd are averted by doubt). Both legal systems have flexible safety valves and consider social context, yet differ in focus: positive criminal law nullifies the act's unlawful nature, whereas Islamic criminal law nullifies the ḥadd penalty even when the act remains shubhah. Abstrak Tradisi Bugo di Desa Sangowo, Kabupaten Pulau Morotai, adalah praktik mengambil buah atau barang dari kebun milik orang lain dengan meninggalkan tanda sebagai pemberitahuan kepada pemiliknya. Praktik ini menimbulkan problematika yuridis ketika dihadapkan pada delik pencurian dalam KUHP dan delik sariqah dalam fikih jinayat. Penelitian ini menggunakan metode yuridis-empiris atau socio-legal research dengan pendekatan konseptual serta pendekatan komparatif untuk menganalisis status hukum tradisi Bugo dalam perspektif hukum pidana positif dan hukum pidana Islam. Hasil analisis menunjukkan bahwa meskipun tradisi bugo secara formil memenuhi unsur delik Pasal 476 KUHP, sifat melawan hukum materiilnya gugur karena merupakan living law yang diterima masyarakat dan dapat dikualifikasikan sebagai alasan penghapus pidana di luar undang-undang. Dalam perspektif fikih jinayat, tradisi Bugo tidak memenuhi unsur khufyah dan qaṣd al-sariqah, serta menimbulkan shubhah yang kuat dari ʿurf yang menggugurkan ḥadd berdasarkan kaidah “idrāʾ al-ḥudūd bi al-shubuhāt”. Kedua sistem hukum memiliki katup pengaman yang fleksibel dan mempertimbangkan konteks sosial, namun berbeda dalam fokus: hukum pidana positif menggugurkan sifat melawan hukum perbuatan, sementara hukum pidana Islam menggugurkan sanksi ḥadd meskipun perbuatan masih bersifat shubhah.