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All Journal Contemporary Issues on Interfaith Law and Society Khazanah Hukum
Azwad Rachmat Hambali
Faculty of Law, Universitas Muslim Indonesia
Religion Humanities Law, Crime, Criminology & Criminal Justice Social Sciences

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Ammotere Abbaji as a Local Wisdom-Based Restorative Justice Mechanism in Resolving Silariang Customary Crimes Azwad Rachmat Hambali; Zainuddin Zainuddin; Salle Salle; Muhammad Ikram Nur Fuady
Khazanah Hukum Vol. 8 No. 2 (2026): Khazanah Hukum
Publisher : UIN Sunan Gunung Djati

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15575/kh.v8i2.52442

Abstract

Silariang marriage, in Bugis-Makassar customs, is considered a form of marriage that violates customary norms because it is conducted without the family's consent, especially from the woman's side. As a conflict resolution mechanism born from the local wisdom of the Bugis-Makassar community, Ammotere Abbaji serves as a tradition of apology performed by the Silariang couple to the woman's family to restore the fractured social relationship. This mechanism prioritises the restoration of Siri's honor, payment of customary fines, acknowledgement of marital status, and reintegration of the offender into the social order, emphasising reconciliation over retribution. The process is carried out through customary deliberations involving traditional leaders and the families of both parties, thereby reflecting the substantive principles of restorative justice. In the context of Indonesian positive law, Ammotere Abbaji is gaining increasingly open recognition, in line with the spirit of various regulations that accommodate the values of living law. However, this recognition demands more concrete systemic reforms, namely the establishment of special regulations that integrate customary mechanisms into the formal judicial process, the expansion of law enforcement officers' discretionary powers to transfer cases to communal forums, and the formation of certified customary mediation institutions with measurable rights protection standards. The novelty of this research lies in the first effort to scientifically construct Ammotere Abbaji as a model of restorative justice based on local wisdom, which possesses cultural legitimacy, structured procedures, and relevance in the reform of Indonesian criminal law (ius constituendum), thereby making an original contribution to the development of customary law and the criminal justice system in Indonesia.
Neurocognitive Dysfunction and Criminal Liability: Integrating Neuroscience, Legal Theory, and Islamic Thought Rafika Nur; Azwad Rachmat Hambali; Ridwanto Igirisa; Handar Subhandi Bakhtiar; Ahmad Fakhrurrazi Mohammed Zabidi
Contemporary Issues on Interfaith Law and Society Vol. 4 No. 2 (2025): Digital Society and Interfaith Legal Challenges
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/ciils.v4i2.31833

Abstract

This article examines the relationship between neurocognitive dysfunction, criminal behaviour, legal theory, and Islamic thought, with particular attention to the neurobiological foundations of moral decision-making and criminal responsibility. Employing an interdisciplinary normative approach that integrates cognitive neuroscience, criminal law theory, moral philosophy, and Islamic jurisprudence, this study analyses how neurobiological dysfunctions especially those affecting the prefrontal cortex and amygdala may influence impulse control, moral judgement, and antisocial conduct. Drawing exclusively on a critical review of scholarly literature, judicial decisions, and normative legal sources, the article explores the implications of neuroscientific findings for concepts of free will, moral agency, and criminal liability. The analysis demonstrates that while neuroscientific evidence has the potential to inform sentencing mitigation and rehabilitative strategies, its application raises significant ethical and legal challenges, particularly concerning biological determinism, evidentiary reliability, and procedural fairness. From an Islamic legal perspective, sound intellect (‘aql) constitutes the foundation of taklīf (legal responsibility), yet Islamic jurisprudence recognises circumstances in which responsibility may be diminished or removed, in accordance with the principles of raf‘ al-ḥaraj and maqāṣid al-sharī‘ah. The article argues that the absence of clear procedural standards and limited doctrinal integration of neuroscience within criminal justice systems particularly in Indonesia and Malaysia necessitates a more coherent normative framework. Ultimately, this study proposes a holistic and ethically grounded approach to criminal justice reform that integrates neuroscientific insights with legal principles and religious values, aiming to enhance proportionality, procedural justice, and human dignity.
Co-Authors Ahmad Fakhrurrazi Mohammed Zabidi Handar Subhandi Bakhtiar Muhammad Ikram Nur Fuady Rafika Nur Ridwanto Igirisa Salle Salle