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Iftitah, Anik
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Law, Crime, Criminology & Criminal Justice Social Sciences

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Restorative Justice Through Strengthening Community Legal Culture in Indonesia: Challenges and Opportunity Mulyana Hadi, Adwi; Iftitah, Anik; Alamsyah, Syahrul
Jurnal Mulawarman Law Review VOLUME 8 ISSUE 1 JUNE 2023
Publisher : Faculty of Law, Mulawarman University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30872/mulrev.v8i1.1140

Abstract

The main objective of this study is to examine how restorative justice can be effectively implemented in Indonesian society by strengthening its legal culture. The research methodology employed in this investigation is normative research, which encompasses a comprehensive review of existing literature and an analysis of pertinent legislation and policies. The prevailing legal culture in Indonesia places significant emphasis on punishment and incarceration as forms of justice, thereby influencing the acceptance and execution of restorative justice practices. Nevertheless, various endeavors have been undertaken to integrate restorative justice into the community's legal culture. These initiatives include establishing supportive legal frameworks, providing training and capacity-building programs, implementing pilot projects and experiments, advocacy campaigns, public awareness campaigns, and community engagement. However, several obstacles and challenges need to be addressed, such as shifting legal paradigms, insufficient knowledge and awareness among the general public, resistance from offenders, and limited resources. To overcome these constraints and challenges, concrete steps are needed, such as increasing public knowledge and awareness, establishing supportive legal frameworks, active community engagement, and resource optimization. By addressing these constraints and challenges, restorative justice can be more integrated with the legal culture of Indonesian society, providing a positive contribution to conflict resolution, restoring social relationships, and improving the justice system in Indonesia.
Analisis Yuridis Putusan Niet Ontvankelijke Verklaard Pada Akta Jual Beli Puspita Wardani, Rila; Iftitah, Anik; Yuliastuti, Eko; Alfaris, Moh.; Widhiandono, Erwin
Jurnal Risalah Hukum Vol 20 No 1 (2024): Volume 20, Nomor 1, Juni 2024
Publisher : Fakultas Hukum Universitas Mulawarman

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30872/risalah.v20i1.1493

Abstract

This study examines legal certainty in land sale and purchase agreements, particularly concerning sale and purchase deeds that result in Niet Ontvankelijke Verklaard (NO) verdicts. The importance of this study lies in understanding the root causes of legal uncertainty in the transfer of land rights and its implications for the involved parties. The objective of this research is to analyze the causes of NO verdicts, understand their legal basis, and evaluate their legal impacts. The methodology used is a normative legal approach with an analysis of primary and secondary legal materials, as well as related court decisions. The main findings indicate that NO verdicts are caused by unclear dispute objects and formal defects such as error in persona and obscuur libel. NO verdicts impact legal certainty, potential compensation claims, and public trust in notaries/PPATs. The implication is that there is a need to increase meticulousness and compliance with formal requirements in drafting sale and purchase deeds to avoid NO verdicts that can harm various parties.
Restorative Justice Through Strengthening Community Legal Culture in Indonesia: Challenges and Opportunity Mulyana Hadi, Adwi; Iftitah, Anik; Alamsyah, Syahrul
Jurnal Mulawarman Law Review Vol 8 No 1: Mulawarman Law Review - June 2023
Publisher : Faculty of Law, Mulawarman University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30872/mulrev.v8i1.1140

Abstract

The main objective of this study is to examine how restorative justice can be effectively implemented in Indonesian society by strengthening its legal culture. The research methodology employed in this investigation is normative research, which encompasses a comprehensive review of existing literature and an analysis of pertinent legislation and policies. The prevailing legal culture in Indonesia places significant emphasis on punishment and incarceration as forms of justice, thereby influencing the acceptance and execution of restorative justice practices. Nevertheless, various endeavors have been undertaken to integrate restorative justice into the community's legal culture. These initiatives include establishing supportive legal frameworks, providing training and capacity-building programs, implementing pilot projects and experiments, advocacy campaigns, public awareness campaigns, and community engagement. However, several obstacles and challenges need to be addressed, such as shifting legal paradigms, insufficient knowledge and awareness among the general public, resistance from offenders, and limited resources. To overcome these constraints and challenges, concrete steps are needed, such as increasing public knowledge and awareness, establishing supportive legal frameworks, active community engagement, and resource optimization. By addressing these constraints and challenges, restorative justice can be more integrated with the legal culture of Indonesian society, providing a positive contribution to conflict resolution, restoring social relationships, and improving the justice system in Indonesia.
Co-Authors Alamsyah, Syahrul Alfaris, Moh. Mulyana Hadi, Adwi Puspita Wardani, Rila Sembiring, Rinawati Widhiandono, Erwin