Nurlaila Nurlaila
Sekolah Tinggi Agama Islam Balaiselasa YPPTI Pesisir Selatan

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Implementation of SEMA Number 01 Years 2023: Summons Notice by Registered Mail in the Religious Court Afrikal Candra; Faisal Efendi; Elpi Supardi; Nurlaila Nurlaila; Fitra Mulyawan; Linda Bulan Sari Siregar
Hakamain: Journal of Sharia and Law Studies Vol. 4 No. 1 (2025): HAKAMAIN: Journal of Sharia and Law Studies
Publisher : Yayasan Lembaga Studi Makwa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.57255/hakamain.v4i1.1354

Abstract

The purpose of this research is to examine how the implementation and impact of SEMA (Circular Letter of the Supreme Court) Number 1 years 2023. The research method used is a qualitative approach with in depth interview techniques and document analysis. Data were collected through literature study and observation of the implementation of SEMA number 1 years 2023. The analysis was conducted using a descriptive approach to illustrate the implementation of notifications through registered mail. The Religious Court involves two parties, namely the bailiff and the POS (PT. Pos Indonesia). The bailiff of the sends court summons notifications via postal service. The postal service delivers the court summons notifications through registered mail to the parties involved in the case while adhering to operational standards. However, there are still obstacles in its implementation, in improving the efficiency and effectiveness of the judicial process. Positive impact, especially in improving the judicial process Improvement in the quality of judicial services. The systematic arrangement of judicial procedures, accountability, and transparency, as well as the achievement of the principle of low-cost or affordable justice, also have negative impacts, particularly in the challenges of the latest system reforms, as well as the risks of prolonged trial delays and the risks of unlawful and unjust summonses. In reality, the POS often does not provide a summons to the litigant, which results in no information reaching the litigant.
Maqashid Sharia and Penal Mediation in Achieving the SDGs: A Study of Domestic Violence Dudung Abdul Razak; Faisal Efendi; Afrikal Candra; Lili Suarni; Musa Zulkifli; Nurlaila Nurlaila
Profetika: Jurnal Studi Islam Vol. 27 No. 03 (2026): Profetika Jurnal Studi Islam 2026
Publisher : Universitas Muhammadiyah Surakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.23917/profetika.v27i03.14649

Abstract

Objective: Domestic violence is a complex issue involving various social, legal, moral aspects and sdgs. Therefore, its handling requires a comprehensive approach based on the principles of justice and humanity. This issue not only threatens family harmony but also contradicts the principles of public interest in Islamic law. Theoretical framework: From the perspective of Maqashid Sharia, the protection of domestic violence victims has a strong foundation, namely the preservation of life (hifz an-nafs), honor (hifz al-'irdh), and lineage (hifz an-nasl), which are the main objectives of Islamic law. Literature review: Domestic violence is increasingly common in today's society. The increasing number of cases in court, lack of understanding, and the numerous channels available make victims reluctant to file a complaint. Methods: This study uses the library research method with a normative approach through literature study to analyze the relationship between Maqashid Sharia and penal mediation in the context of domestic violence.  Results: The settlement of domestic violence cases is carried out through criminal procedural law, in accordance with Law Number 8 of 1981 concerning Criminal Procedure Law, as well as other related laws, such as Law Number 23 of 2004 concerning the Elimination of Domestic Violence (PKDRT Law). In this case, the settlement efforts made by the Court are in line with the objectives of Sharia, namely to provide protection for the five main principles in Islam, namely: preserving religion, life, reason, lineage, and property. The concept of penal mediation can be an alternative in resolving domestic violence cases, as it is based on restorative justice, which aims to provide justice by creating a balance between the victim and the perpetrator, as well as finding a win-win solution. Penal mediation is also expected to be a solution to various problems in the Indonesian criminal justice system. Implications: The implication of this study is the need to increase education and socialization regarding the PKDRT Law for the community and related agencies, so that women will be more courageous in reporting acts of violence they experience. The public is expected to play an active role in addressing and preventing domestic violence. Novelty: The novelty of this article examines how penal mediation and Maqashid Sharia are applied in domestic violence cases. It lies in the path taken by the husband and wife in this case. The Sustainable Development Goals (SDGs) the resolution of domestic violence cases in Indonesia can be seen as part of efforts to achieve several relevant goals, including SDGs 5 (Gender Equality) and SDGs 16 (Peace, Justice, and Strong Institutions).