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All Journal Al-Syakhshiyyah : Jurnal Hukum Keluarga Islam dan Kemanusiaan Punggawa Law Review Rechtsnormen: Journal of Law
Anna Rahma Syam
Institut Agama Islam Negeri Bone
Religion Humanities Law, Crime, Criminology & Criminal Justice

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KEKERASAN SEKSUAL DALAM KELUARGA DAN SANKSINYA DALAM HUKUM PIDANA ISLAM Jumarni Dalle; Samsidar S; Fahri Abdullah; Anna Rahma Syam
Jurnal AL-SYAKHSHIYYAH Jurnal Hukum Keluarga Islam dan Kemanusiaan Vol 8 No 1 (2026): Volume 8, Nomor 1, Juni 2026
Publisher : IAIN BONE

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30863/as-hki.v8i1.11568

Abstract

Sexual violence within the family is a serious crime that often remains hidden because it occurs in a private sphere and involves perpetrators who have close relationships with the victims. This study aims to analyze sexual violence within the family as a jarīmah from the perspective of Islamic criminal law and to examine the relevance of sanctions that can be applied to protect victims and prevent similar offenses. This research employs a library research method with a normative-analytical approach through the examination of fiqh jināyah literature, Islamic criminal law theories, and contemporary studies on family-based sexual violence. The findings reveal that sexual violence within the family should not be viewed merely as a moral issue or private matter but as a criminal act that violates the objectives of Islamic law (maqāṣid al-sharī‘ah), particularly the protection of life, honor, and lineage. Contributing factors include weak religious understanding, violations of privacy and modesty boundaries, exposure to sexually explicit digital content, economic pressures, and permissive social environments. Within Islamic criminal law, ta‘zīr sanctions are considered the most appropriate mechanism due to their flexibility in allowing the state to impose proportional punishments, including harsher penalties for perpetrators who are mahram relatives or hold authority over the victims. Therefore, Islamic criminal law remains relevant in strengthening family protection through education, prevention, and effective law enforcement.
Implementing Government Regulation No. 23 of 2021 in the Conversion of Protected Forests into Plantation Areas: Evidence from Tonra District, Bone Regency A. Srigandawati; Anna Rahma Syam; Jazila Imana Arsyita
Punggawa Law Review Vol. 1 No. 2 (2026): Punggawa Law Review
Publisher : Punggawa Legacy Center

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.67707/plr.v1i2.83

Abstract

Protected forests perform a strategic ecological function by regulating water systems, preventing erosion and floods, reducing landslide risks, and maintaining soil fertility. Their conversion into plantation areas therefore raises legal, environmental, and socio-economic concerns. This study examines the implementation of Government Regulation No. 23 of 2021 concerning Forestry Administration in the conversion of protected forests into plantation areas in Tonra District, Bone Regency. It addresses two questions: how the conversion mechanism is implemented under the regulation, and what impacts arise together with the measures undertaken by the local government. The study employed qualitative socio-legal research combining the analysis of statutory provisions with field observations, semi-structured interviews, and documentation. The fieldwork focused on Rappa Village and involved information from the village head and a forestry extension officer of the Ulubilah Forest Management Unit. The findings show that conversion is legally expected to proceed through layered administrative and technical stages, beginning with local proposals and spatial-planning review and ending with central-government approval. In practice, implementation remains suboptimal because regulatory requirements collide with community economic needs, supervision is limited, institutional authority is fragmented, and human resources are insufficient. Conversion has contributed to soil and water degradation, short-term income gains accompanied by the loss of traditional forest-based income, and declining forest-based social interaction. Government responses include law enforcement, inter-agency patrols, rehabilitation, reforestation, and community involvement, but limited funding, personnel, and public awareness constrain their effectiveness.
Effectiveness of Online Mediation in Resolving Cross-Border Civil Disputes Shohib Muslim; Bouyea Jonathan; Uwe Barroso; Anna Rahma Syam
Rechtsnormen: Journal of Law Vol. 2 No. 4 (2024)
Publisher : Yayasan Adra Karima Hubbi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.70177/rjl.v2i4.1411

Abstract

Background: The rapid advancement of digital technologies has transformed various aspects of the legal field, including dispute resolution. Online mediation has emerged as a promising method for resolving cross-border civil disputes, offering a convenient and cost-effective alternative to traditional litigation. Despite its potential, the effectiveness of online mediation in this context remains underexplored, particularly in terms of user satisfaction, cost savings, and resolution time. Objective: This study aims to evaluate the effectiveness of online mediation in resolving cross-border civil disputes. The research seeks to assess user satisfaction, cost efficiency, and the duration of the mediation process compared to traditional methods. The goal is to provide empirical evidence on the viability of online mediation as a dispute resolution mechanism in international contexts. Methods: A mixed-methods approach was employed, combining quantitative surveys and qualitative interviews. Quantitative data were collected from 200 participants who have engaged in online mediation for cross-border disputes, measuring their satisfaction, cost savings, and resolution time. Qualitative interviews with 30 mediators provided deeper insights into the challenges and advantages of online mediation. The data were analyzed using statistical methods for the surveys and thematic analysis for the interviews. Results: Findings indicate that online mediation is highly effective in resolving cross-border civil disputes, with 85% of participants expressing satisfaction with the process. Cost savings averaged 40% compared to traditional litigation, and the average resolution time was reduced by 50%. Mediators highlighted the flexibility, accessibility, and reduced logistical challenges as significant advantages of online mediation. Conclusion: Online mediation is an effective method for resolving cross-border civil disputes, offering high user satisfaction, significant cost savings, and reduced resolution times. Implementing best practices can further optimize these benefits. Future research should explore the long-term impacts and develop strategies to address identified challenges, ensuring the sustainable integration of online mediation in international dispute resolution.
Co-Authors A. Srigandawati Bouyea Jonathan Dalle, Jumarni Fahri Abdullah Jazila Imana Arsyita Samsidar S Shohib Muslim Uwe Barroso