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p-Index From 2021 - 2026
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All Journal Natural Science: Journal of Science and Technology Sosioreligius: Jurnal Ilmiah Sosiologi Agama Jurnal SOLMA SAMARAH: Jurnal Hukum Keluarga dan Hukum Islam Jurnal Syntax Imperatif : Jurnal Ilmu Sosial dan Pendidikan Al-Mubin: Islamic Scientific Journal Jurnal Ilmiah Mahasiswa Fakultas Hukum Universitas Malikussaleh SAWEU: Jurnal Pengabdian Kepada Masyarakat SAWEU: Jurnal Pengabdian Kepada Masyarakat Lentera Negeri
Nurarafah, Nurarafah
Fakultas Hukum Universitas Malikussaleh
Religion Humanities Computer Science & IT Economics, Econometrics & Finance Education Environmental Science Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Social Sciences Other

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The role and opportunities of indigenous justice systems in promoting restorative justice Husni Husni; Nurarafah Nurarafah; Joelman Subaidi; Johari Johari; Zulfan Zulfan
Lentera Negeri Vol. 7 No. 1 (2026): Lentera Negeri
Publisher : Indonesian Institute For Counseling, Education and Therapy

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.29210/992450

Abstract

The Indonesian criminal justice system struggles to achieve substantive justice due to the dominance of a retributive approach, resulting in prison overcrowding and high recidivism rates. Restorative justice offers an alternative emphasizing reconciliation and social balance, consistent with long-standing indigenous justice practices in the archipelago. This study analyzes the juridical construction of customary justice recognition within the national legal system, explores the opportunities and challenges of integrating it as an instrument of restorative justice, and formulates an ideal synergy model between customary and formal justice systems. This systematic review examines the role, opportunities, and challenges of indigenous justice systems in promoting restorative justice in Indonesia. Operating under a rigorous systematic protocol to eliminate convenience sampling bias, electronic searches were conducted across the Scopus, Web of Science, and Garuda databases using the query (indigenous justice or adat) and (restorative justice) Indonesia. Strict, explicit selection criteria requiring peer-reviewed journal articles published between 2021 and 2026 that directly analyze Indonesian customary law and localized restorative values narrowed a total of 142 initially identified articles down to exactly five core publications. Synthesizing these five selected studies reveals that formal recognition remains a primary opportunity, while human rights standardization and statutory synchronization present significant hurdles. Furthermore, conflict resolution effectiveness is highlighted through comparative illustrative examples extracted directly from the reviewed literature specifically focusing on the customary practices of the Baduy community and dispute resolution in Peniti Village rather than through empirical field data collected by the author. Ultimately, rather than overreaching to formulate an absolute ideal model, this targeted review proportionately proposes a conceptual framework and identifies key design principles to guide policymakers in harmonizing customary mechanisms with Indonesia's national criminal justice reform.
A symmetric enforcement of good faith provisions: a systematic review of contractual remedies for weaker parties in common law systems Nurarafah Nurarafah; Sulaiman Sulaiman; Husni Husni
Lentera Negeri Vol. 7 No. 1 (2026): Lentera Negeri
Publisher : Indonesian Institute For Counseling, Education and Therapy

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.29210/992510

Abstract

This study aims to deconstruct the paralysis of the corrective function of objective good faith when confronted with exploitative boilerplate clauses. To distinguish its contribution from decades of conventional, descriptive-sociological research on contractual imbalance, this doctrinal-conceptual inquiry anchors its analytical structure by integrating Ian Macneil’s Relational Contract Theory to dissect the social dimensions of contracts, alongside John Rawls’s Theory of Distributive Justice to evaluate the moral legitimacy of contractual exchanges. Moving beyond generic literature reviews, this study employs a rigorous Meta-Doctrinal Thematic Synthesis, selecting legal literature and jurisprudence based on strict inclusion criteria: the evolution of the abuse of circumstances doctrine within civil law systems, and Indonesian Supreme Court precedents on the invalidation of exculpatory clauses over the past decade (2016–2026). Based on strict inclusion and exclusion criteria targeting the implied covenant of good faith, unconscionability, and algorithmic duress, a definitive legal corpus of 42 specialized sources (33 peer-reviewed journal articles and 9 landmark appellate precedents) was extracted and analyzed. The analytical synthesis uncovers a highly specific doctrinal gap: contemporary common law jurisprudence suffers from systemic stagnation by restricting the operability of good faith to a passive interpretive rule or binding unconscionability to a rigid, formation-stage audit. Crucially, the evidentiary basis demonstrating the weak implementation and judicial paralysis of these remedies is derived directly from a structural analysis of Appellate Case Law across Key Common Law Jurisdictions, exposing a fragmented judiciary that routinely retreats into formalistic positivism and prioritizes literal text over substantive equity. As a distinct theoretical intervention, this paper proposes a Model of Progressive Judicial Intervention Based on Asymmetric Equity, providing the necessary dogmatic legitimacy for common law judges to look past formal compliance, penetrate unconscionable exculpatory terms, and actively reconstruct remedies to restore relational equilibrium during the contractual performance stage
Principles of Good Faith in the Reimbursement of Expenses within Oil and Gas Revenue Sharing Agreements in Indonesia Nurarafah, Nurarafah; Kamello, Tan; Yahya, Azhari; Dahlan, Dahlan; Jarnawi, Jarnawi
Samarah: Jurnal Hukum Keluarga dan Hukum Islam Vol. 9 No. 1 (2025): Samarah: Jurnal Hukum Keluarga dan Hukum Islam
Publisher : Islamic Family Law Department, Sharia and Law Faculty, Universitas Islam Negeri Ar-Raniry

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22373/sjhk.v9i1.14632

Abstract

This study seeks to examine and elucidate the significance of the principle of good faith within the national legal framework, as well as to develop norms pertaining to good faith in the context of operational cost recovery for production sharing contracts in Indonesia's oil and gas industry. This study utilizes a normative legal methodology alongside a legislative framework. The sources of data encompass essential legal materials, including legislation, journal articles, books, and pertinent research reports that contribute to the discourse. The analysis of the data is performed qualitatively through a juridical-philosophical lens, developing arguments rooted in legal philosophy, legal theory, and various legal principles. The findings reveal that the principle of good faith in the operational cost recovery of production sharing contracts in Indonesia is governed at each stage of the contract to safeguard the interests of disadvantaged parties. This regulation addresses the essential principle of good faith that all parties must adhere to in order to guarantee the equitable execution of rights and obligations. In the context of operational cost recovery for production sharing contracts in Indonesia, good faith is characterized by adherence to and compliance with audit results, reflecting a commitment to the proper execution of the business contract's terms. The operational cost recovery system is anticipated to serve as a reimbursement mechanism for expenses associated with oil and gas production.
SOSIALISASI PENCEGAHAN KEKERASAN SEKSUAL TERHADAP SANTRI DI DAYAH MODERN DARUL ULUM BANDA ACEH Nurarafah Nurarafah; Jarnawi; Arnita; Husni
Saweu: Jurnal Pengabdian Kepada Masyarakat Vol 2 No 2 (2026): Saweu : Jurnal Pengabdian Masyarakat
Publisher : STAI Nusantara Kota Banda Aceh

Show Abstract | Download Original | Original Source | Check in Google Scholar

Abstract

Sexual violence against children and adolescents is a serious problem that can occur in various environments, including religious-based educational institutions. Santri, as a vulnerable age group, need adequate understanding of the forms, impacts, and prevention efforts of sexual violence. This community service activity aims to increase the knowledge and awareness of students at Dayah Modern Darul Ulum Banda Aceh regarding the prevention of sexual violence through socialisation and education activities. The methods used include counseling, interactive discussions, and question and answer sessions with students. The results of the activity showed an increase in the santri's understanding of the types of sexual violence, how to protect themselves, and the importance of reporting to trusted parties. This activity is expected to be a preventive measure in creating a safe, comfortable, and fair dayah environment for all santri
SOSIALISASI PENCEGAHAN KEKERASAN SEKSUAL TERHADAP SANTRI DI DAYAH MODERN DARUL ULUM BANDA ACEH Nurarafah Nurarafah; Jarnawi; Arnita; Husni
Saweu: Jurnal Pengabdian Kepada Masyarakat Vol 2 No 2 (2026): Saweu : Jurnal Pengabdian Masyarakat
Publisher : STAI Nusantara Kota Banda Aceh

Show Abstract | Download Original | Original Source | Check in Google Scholar

Abstract

Sexual violence against children and adolescents is a serious problem that can occur in various environments, including religious-based educational institutions. Santri, as a vulnerable age group, need adequate understanding of the forms, impacts, and prevention efforts of sexual violence. This community service activity aims to increase the knowledge and awareness of students at Dayah Modern Darul Ulum Banda Aceh regarding the prevention of sexual violence through socialisation and education activities. The methods used include counseling, interactive discussions, and question and answer sessions with students. The results of the activity showed an increase in the santri's understanding of the types of sexual violence, how to protect themselves, and the importance of reporting to trusted parties. This activity is expected to be a preventive measure in creating a safe, comfortable, and fair dayah environment for all santri
Co-Authors Abdullah, Rafla Karnaini Arif Rahman Arnita Arnita Arnita Arsaputri, Febriandini Ayu Wandira Azhari Yahya Dahlan Dahlan Dewi Setiawati diah, Mar ELIDAR, ELIDAR Fairus, Fairus Faisal Faisal Fatahillah, Fatahillah Fauzah Nur Aksa Harahap, Fazar Siddik Herinawati, Herinawati Husni Husni Husni Husni Husni Husni Intan Khairina, Mashitah Istika Ahdiyanti Jarnawi Jarnawi Johari Kanza Br Marpaung, Mutia Manfarisyah, Manfarisyah Mardhatillah, Fitria Muhammad Fazil, Muhammad Nuribadah, Nuribadah Rahmatillah, Syauqas Rustan Efendi Sandra Sandra Sania, Sania Saputra, Gibran Siti Nurhaliza Subaidi, Joelman Sulaiman Sulaiman Sulaiman Sulaiman Syuhada, Furqan Tan Kamello Tri Widya Kurniasari Zul Akli Zulfan Zulfan