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All Journal DE JURE Pena Justisia: Media Komunikasi dan Kajian Hukum
Hadi, Ismet
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Law, Crime, Criminology & Criminal Justice

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Law Enforcement of Sexual Violence on Social Media: An Islamic Restorative Justice Perspective Setiyawan, Deni; Hadi, Ismet; Rahmad, Noor; Rizqi, Aditya Maulana; Arifah, Kuni Nasihatun
De Jure: Jurnal Hukum dan Syari'ah Vol 17, No 1 (2025)
Publisher : Shariah Faculty UIN Maulana Malik Ibrahim Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.18860/j-fsh.v17i1.28185

Abstract

Justice for victims of sexual violence on social media is still not fully realised, although positive law has accommodated the restorative justice approach. The existing legal framework is suboptimal, particularly in the aspect of psychological recovery and reconciliation for female victims. This research explores the application of Islamic restorative justice as an alternative approach to dealing with sexual violence in the digital space. The normative research methods used include statutory, comparative, and conceptual approaches. This research analyses the limitations of existing restorative justice practices and the potential of Islamic principles in providing a more holistic solution. The results show that although positive law recognises restorative justice, its application remains weak due to the lack of legal framework, social stigma, the anonymity of perpetrators, and the dominance of retributive punishment. Islamic restorative justice is relevant in the context of sexual violence on social media because it can overcome the existing challenges through the concepts of sulh, diyat, kaffarat, ta’zir punishment, and istighfar. This approach considers not only the legal aspects but also the spiritual, psychological, and social recovery of victims. Strengthening the legal framework that accommodates Islamic restorative justice is crucial in handling cases of sexual violence in the digital era.
DPRD Based Regional Head Elections and the Problem of Elite Capture: A Constitutional Institutional Design Analysis and a Reform Agenda for Direct Local Elections (Pilkada Langsung) Pakya, Salahudin; Hadi, Ismet; Moonti, Roy Marthen
Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 25 No. 1 (2026): Vol. 25 No. 1 (2026): Pena Justisia
Publisher : Faculty of Law, Universitas Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31941/pj.v25i1.6930

Abstract

Proposals to return the election of provincial and municipal executives to local legislatures (DPRD) repeatedly resurface in Indonesia, often justified by high campaign costs, vote-buying, and electoral conflict in direct local elections (pilkada langsung). Yet replacing direct elections with DPRD based selection raises serious constitutional and institutional design concerns: executive mandates shift from citizens to elite bargaining, vertical accountability weakens, and the risks of elite capture and local cartelization increase. This article rejects DPRD based local executive elections by developing a “constitutional consistency test” grounded in six indicators: popular sovereignty, accountability, integrity, openness, governmental effectiveness, and constitutional safeguards. The research problems are: (1) what constitutional foundations and normative consequences would follow if local executives were elected through the DPRD; and (2) how such a model would affect institutional risks (transactional politics, oligarchic capture), and what constitutionally sound alternatives can improve direct elections without abolishing them. Using doctrinal legal research with statutory, conceptual, historical, limited comparative, and constitutional court case approaches, the article argues that DPRD based election would undermine democratic legitimacy and sever citizen executive accountability chains in the post-Reformasi constitutional order. Cost-control objectives are better pursued through targeted reforms in campaign finance regulation, transparency, ethics enforcement, and strengthened oversight within the direct election framework
Co-Authors Arifah, Kuni Nasihatun Moonti, Roy Marthen Pakya, Salahudin Rahmad, Noor Rizqi, Aditya Maulana Setiyawan, Deni