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Journal : Jurnal Al-Dustur

PENAL MEDIATION AS ALTERNATIVE DISPUTE RESOLUTION IN PAREPARE Marlina, Andi
Jurnal Al-Dustur Vol 3, No 1 (2020)
Publisher : IAIN Bone

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30863/jad.v3i1.735

Abstract

The purpose of this study is to analyze the penal mediation that does not aim to achieve formal justice and the practice of penal mediation at the Parepare Police Department. The research method is normative legal research, using a statute and conceptual approach. The collected legal materials are then analyzed qualitatively, then presented descriptively. The results showed that the dimension of mediation of the penalties achieved was not formal justice through the Criminal Justice sub-system regulated in formal legal regulations. From a juridical perspective, mediation of penalties in the dimensions of state law (ius constitutum) is actually not well known and still leaves controversy among those who agree and disagree to be applied. The essential issue leads to the choice of a pattern of criminal dispute resolution, related to the domain of state superiority with the superiority of the local wisdom community. The practice of mediating penalties at the Parepare Police Department in the last 3 years (2017, 2018 and 2019) the number of criminal cases every year has always increased in number, as well as the mediation of cases conducted by the Manokwari Police Department each year experiencing an increase in the number of criminal cases being mediated.
PENAL MEDIATION AS ALTERNATIVE DISPUTE RESOLUTION IN PAREPARE Andi Marlina
Jurnal Al-Dustur Vol 3, No 1 (2020)
Publisher : IAIN Bone

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30863/jad.v3i1.735

Abstract

The purpose of this study is to analyze the penal mediation that does not aim to achieve formal justice and the practice of penal mediation at the Parepare Police Department. The research method is normative legal research, using a statute and conceptual approach. The collected legal materials are then analyzed qualitatively, then presented descriptively. The results showed that the dimension of mediation of the penalties achieved was not formal justice through the Criminal Justice sub-system regulated in formal legal regulations. From a juridical perspective, mediation of penalties in the dimensions of state law (ius constitutum) is actually not well known and still leaves controversy among those who agree and disagree to be applied. The essential issue leads to the choice of a pattern of criminal dispute resolution, related to the domain of state superiority with the superiority of the local wisdom community. The practice of mediating penalties at the Parepare Police Department in the last 3 years (2017, 2018 and 2019) the number of criminal cases every year has always increased in number, as well as the mediation of cases conducted by the Manokwari Police Department each year experiencing an increase in the number of criminal cases being mediated.
ISLAMIC LAW AND BUGIS-MAKASSAR CULTURE: AN APPROACH TO ANTI-ILLEGAL GRATIFICATION Marlina, Andi; Muliyono, Andi; Lahangatubun, Nurjanah
Jurnal Al-Dustur Vol 7 No 1 (2024)
Publisher : Institut Agama Islam Negeri Bone

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30863/aldustur.v7i1.6271

Abstract

The objective concerning Anti-Illegal Gratification in the Perspective of Islamic Law and the Culture of Bugis-Makassar Community is to provide a profound understanding of the practice of illegal gratification within the Bugis-Makassar cultural context and Islamic legal perspective. This discussion also aims to provide a strong foundation for formulating effective prevention strategies related to illegal gratification. By exploring the perspectives of Islamic law and the culture of the Bugis-Makassar community, this discussion is expected to contribute positively to efforts to prevent illegal gratification and corruption in the Bugis-Makassar community, as well as to strengthen awareness of the importance of integrity and honesty in social interactions. This research employs a meticulous and in-depth literature review method, combining various reference sources. It is hoped that this research will provide a comprehensive understanding of the issue of illegal gratification from the perspectives of Islamic law and the culture of the Bugis-Makassar community. From the findings of this research, it can be concluded that efforts to prevent illegal gratification from the perspective of Islamic law and the culture of the Bugis-Makassar community require a holistic approach that integrates local cultural values with Islamic legal principles. Concrete steps are needed to address existing challenges and strengthen social awareness of the importance of integrity and honesty in social interactions.