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All Journal Decisio: Jurnal Ilmiah Hukum
Karli Karli
IBLAM School of Law
Humanities Education Environmental Science Law, Crime, Criminology & Criminal Justice Other

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Efektivitas Restorative Justice sebagai Alternatif Penyelesaian Tindak Pidana Anak dalam Hukum Pidana Indonesia Mahfud Rahmadani; Karli Karli
Decisio: Jurnal Ilmiah Hukum Vol 2 No 1 (2025): DECISIO
Publisher : LPPM Iblam School of Law

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.52249/decisio.v2i1.20

Abstract

Restorative justice has emerged as an alternative approach in resolving juvenile criminal cases, emphasizing reconciliation rather than punitive measures. In Indonesia, the implementation of restorative justice is legally supported through Law No. 11 of 2012 on the Juvenile Criminal Justice System, which mandates diversion as a primary mechanism. However, despite its progressive framework, various challenges hinder the effective application of restorative justice in practice. These obstacles include inconsistencies in law enforcement, limited institutional support, and societal resistance to non-punitive legal resolutions. This study employs a qualitative method with a normative legal approach, focusing on regulatory analysis and the interpretation of legal norms in current practices. Data were collected through comprehensive literature reviews, classifying legal materials into primary, secondary, and tertiary sources. The findings indicate that restorative justice, particularly through diversion, provides a more humane resolution for juvenile offenders, reducing stigmatization and enhancing rehabilitation efforts. However, disparities in law enforcement practices, lack of adequate facilities, and varying levels of community acceptance have impeded its full implementation. Strengthening legal frameworks, increasing capacity-building programs for law enforcement, and enhancing public awareness are essential for the optimal application of restorative justice in Indonesia. Effective collaboration between legal institutions and community-based organizations is crucial in ensuring a fair and rehabilitative justice system for juvenile offenders.
Sinkronisasi Hukum Pidana Islam dan Undang-Undang Terorisme dalam Menangani Kejahatan Terorisme di Indonesia Maymoni Syahputra; Karli Karli
Decisio: Jurnal Ilmiah Hukum Vol 2 No 1 (2025): DECISIO
Publisher : LPPM Iblam School of Law

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.52249/decisio.v2i1.27

Abstract

Terrorism is a serious crime that threatens national security and social stability in Indonesia. The government has implemented various legal approaches to counter terrorism, including the enforcement of Law No. 5 of 2018, which focuses on preventive and repressive measures. Meanwhile, Islamic criminal law categorizes terrorism as jarīmah ḥirābah, imposing severe punishments to maintain public order and deterrence. The need to harmonize Islamic law and national anti-terrorism legislation is crucial to achieving a more comprehensive legal framework. This research employs a qualitative method with a normative legal approach, analyzing regulations and the interpretation of legal norms in practice. Primary data consists of official documents such as laws and court rulings, while secondary data includes legal literature, academic journals, and previous studies. The findings indicate that Islamic criminal law and Law No. 5 of 2018 share the same objective in combating terrorism but differ in their legal mechanisms and sanctioning principles. The integration of ḥirābah principles into Indonesia’s legal system can strengthen the moral and ethical legitimacy of counterterrorism policies while ensuring compliance with human rights standards. Additionally, the study emphasizes the importance of balancing national security with legal certainty and justice. Future counterterrorism policies should incorporate Islamic law principles through strategic legal reform and an inclusive deradicalization.
Co-Authors Mahfud Rahmadani Maymoni Syahputra