p-Index From 2021 - 2026
0.408
P-Index
This Author published in this journals
All Journal WAJAH HUKUM
Mhd Fakhrurrahman Arif
Universitas islam An-nadwah Kuala Tungkal

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

Found 2 Documents
Search

Analisis Penerapan Pidana Restoratif dalam Penyelesaian Tindak Pidana Anak di Indonesia Agus Irawan; Albi Ternando; Mhd Fakhrurrahman Arif
Wajah Hukum Vol 10, No 2 (2026): Oktober
Publisher : Universitas Batanghari Jambi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33087/wjh.v10i2.2225

Abstract

Children involved in legal issues require a resolution process that prioritizes their protection and best interests. In this context, restorative justice implemented through a diversion mechanism serves as an approach to prevent children from becoming entangled in the formal criminal justice system, focusing instead on restoration. This study aims to analyze the application of restorative justice in resolving criminal cases involving children, in accordance with Law Number 11 of 2012 concerning the Juvenile Criminal Justice System. Furthermore, it seeks to identify the various factors that hinder its implementation. The research employs both statutory and conceptual approaches to examine the juvenile criminal justice system and the concept of restorative justice. The study was conducted over a six-month period, utilizing data collected through a literature review. Its scope encompasses the treatment of children in conflict with the law and the regulations governing restorative justice in Indonesia. The primary data is derived from library research, and qualitative analysis is used to understand the application of restorative justice in resolving cases involving children. The findings indicate that restorative justice is applied through diversion at the investigation, prosecution, and trial stages, involving the child, the victim, their families, and other relevant parties. However, its implementation continues to face obstacles, including limited understanding among law enforcement officials, a lack of consent from victims, resource constraints, challenges in inter-agency coordination, and social stigma. Consequently, there is a need to enhance the capacity of law enforcement officials, strengthen coordination, provide support to the involved parties, and promote public education to optimize the application of restorative justice.
Akibat Hukum Wanprestasi dalam Perjanjian Utang Piutang Menurut Hukum Perdata Rona Indara; Orid Tatiana; Albi Ternando; Mhd Fakhrurrahman Arif
Wajah Hukum Vol 10, No 2 (2026): Oktober
Publisher : Universitas Batanghari Jambi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33087/wjh.v10i2.2228

Abstract

The relationship between a lender and a borrower is one of the most common forms of legal engagement in social interaction, requiring each party to exercise their rights and fulfill their obligations with honesty and full responsibility. Issues arise when a borrower fails to meet their obligations as originally agreed a situation constituting a breach of contract that harms the lender and necessitates clarity regarding the consequences to be borne by the defaulting party. This study examines the provisions governing debt-related obligations and the legal consequences that ensue when a borrower fails to honor their commitments. A normative legal research methodology is employed, utilizing a literature review of relevant legislation and legal sources, primarily the Indonesian Civil Code (Kitab Undang-Undang Hukum Perdata or KUHPerdata). The findings indicate that the Civil Code’s provisions on debt and lending encompass the requirements for the validity of an obligation, fundamental principles of contract law, the rights and responsibilities of each party, and specific regulations concerning loan transactions. Furthermore, a borrower’s breach of contract gives rise to several legal consequences, including the continued obligation to repay the debt, the liability to provide compensation for damages pursuant to Article 1243 of the Civil Code and the option for the lender to either demand the fulfillment of the obligation or seek the cancellation of the agreement as a means of protecting their rights.