Article Per Year (5 Year)
p-Index From 2021 - 2026
0.408
P-Index
This Author published in this journals
All Journal Mawaddah: Jurnal Hukum Keluarga Islam Jurnal Al-Ahkam : Jurnal Hukum Pidana Islam
Callistus Odeh
Ural Federal University
Religion Law, Crime, Criminology & Criminal Justice

Published : 2 Documents Claim Missing Document
Claim Missing Document
Check
Articles

Found 2 Documents
Search

 1 
The Erosion of Customary Authority and The Riset of Local Ulama In The Normalization of Unregistered Marriages In Indonesian Muslim Communities Safrin Salam; Nurul Miqat; Risma Yulestari; Ibrahim Kayode Muhammed; Callistus Odeh
Mawaddah: Jurnal Hukum Keluarga Islam Vol 4 No 1 (2026): Mei
Publisher : Universitas Muhammadiyah Bandung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.52496/mjhki.v4i1.72

Abstract

This study examines the erosion of customary authority and the repositioning of local clerics in legitimizing unrecorded marriage in the Indonesian Muslim community in the context of legal pluralism and modernization. The research is directed to understand how the relationship between customary institutions, religious authorities, and state law reshapes the legitimacy of marriage and legal awareness in contemporary Islamic family law. This study uses a qualitative socio-legal approach based on legal anthropology and sociology of religion, with a comparative case study design on several Muslim communities in Indonesia where the practice of marriage is not recorded as still persisting. Data were collected through in-depth interviews, document analysis, and limited participatory observation. The results show that customary authorities are weakened due to modernization, bureaucratization of marriage administration, migration, generational change, and declining effectiveness of collective sanctions. In this situation, local clerics increasingly occupy a central position as determinants of the legitimacy of marriage through mosque-based authority, religious education networks, and moral leadership. This configuration gives birth to a layered legal landscape, where state law, customary practices, and religious norms coexist unequally, so that social legitimacy by scholars can outweigh weakened customary sanctions and uneven enforcement of state law. This study concludes that the normalization of marriage is not just an administrative failure, but a manifestation of a shift in normative authority in Indonesia's plural legal order. In practice, the study recommends strengthening cooperation between state institutions, indigenous actors, and scholars to improve marriage registration, strengthen legal awareness, and protect the rights of women, children, and families.  
TRANSFORMING RESTORATIVE JUSTICE THROUGH CUSTOMARY LEGAL TRADITIONS IN INDONESIA’S CRIMINAL LAW REFORM Izu Cynthia Chukwufumnanya; Safrin Salam; Elfrida Ratnawati; Asmah; Ibrahim Kayode Muhammed; Callistus Odeh
Jurnal Al-Ahkam: Jurnal Hukum Pidana Islam Vol 8 No 1 (2026): Al-Ahkam : Jurnal Hukum Pidana Islam
Publisher : Universitas Islam Ahmad Dahlan (UIAD)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47435/al-ahkam.v8i1.4400

Abstract

Restorative justice has become an important paradigm in contemporary criminal justice reform, particularly in societies with strong customary legal traditions. This study examines how restorative justice can be strengthened through Indonesian customary law within the context of recent criminal law reform. The research aims to analyze the relationship between restorative justice principles and customary dispute resolution and to propose an institutional framework that integrates these mechanisms within the formal criminal justice system. This study applies a qualitative socio-legal approach combining normative legal analysis, restorative justice theory, and comparative legal perspectives. Legal pluralism is used as the analytical framework to examine interactions between customary institutions and state criminal justice mechanisms. Data are drawn from statutory regulations, academic literature, and documented practices of customary dispute resolution in Indonesia. The findings show that many Indonesian customary legal traditions already embody restorative justice principles, including mediation, reconciliation, restitution, and community participation. These practices emphasize restoring social harmony rather than imposing punitive sanctions. However, significant institutional gaps remain between customary dispute resolution and formal criminal justice procedures. The study identifies the need for legal recognition of customary settlements, coordination between community leaders and legal authorities, and procedural safeguards to ensure fairness and compliance with constitutional and human rights standards. The study concludes that integrating customary restorative mechanisms within Indonesia’s criminal justice reform can enhance legal legitimacy, cultural relevance, and the effectiveness of restorative justice policies.
Co-Authors Asmah Elfrida Ratnawati Ibrahim Kayode Muhammed Ibrahim Kayode Muhammed Izu Cynthia Chukwufumnanya Nurul Miqat Risma Yulestari Safrin Salam Safrin Salam