PORNOAKSI DALAM HUKUM POSITIF PERSPEKTIF HUKUM PIDANA ISLAM
Abstract
This research is motivated by the fact that pornography, as regulated by positive law, is limited to acts that display nudity in public, whereas in Islamic law it is not limited and is considered a sinful act. Given the limitation of pornography in positive law and the lack of such restrictions in Islamic law, this paper aims to analyze the perspective of Islamic criminal law on the crime of pornography in positive law. This research is qualitative. The focus of this research is the perspective of Islamic criminal law on the crime of pornography in positive law. The reasons are: first, because Islamic law does not regulate the criteria for pornography. Second, in positive law, pornography is limited to acts that display nudity and other acts that lead to pornography. The results of this research conclude that the criteria for pornography are regulated in Law No. 44 of 2008, Article 10, and are included in the category of ta'zir crimes because they are regulated in a law enacted by an authorized official or ulil amri.
Keywords: pornoaction, Islamic criminal law
Downloads
Published
Issue
Section
License
This work is licensed under a Creative Commons Attribution-NonCommercial 4.0 International License.
The Authors submitting a manuscript do so on the understanding that if accepted for publication, copyright of the article shall be assigned to TAHKIM: JURNAL HUKUM dan SYARIAH as publisher of the journal.
Copyright encompasses exclusive rights to reproduce and deliver the article in all form and media, including reprints, photographs, microfilms and any other similar reproductions, as well as translations. The reproduction of any part of this journal, its storage in databases and its transmission by any form or media, such as electronic, electrostatic and mechanical copies, photocopies, recordings, magnetic media, etc., will be allowed only with a written permission from TAHKIM: JURNAL HUKUM dan SYARIAH.
TAHKIM: JURNAL HUKUM dan SYARIAH, the Editors and the Reviewers make every effort to ensure that no wrong or misleading data, opinions or statements be published in the journal. In any way, the contents of the articles and advertisements published in the TAHKIM: JURNAL HUKUM dan SYARIAH are sole and exclusive responsibility of their respective authors and advertisers.
