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All Journal Jurnal Ilmiah Peuradeun El-Hadhanah: Indonesian Journal Of Family Law And Islamic Law
Sulaiman, Badri Hasan
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Religion Humanities Education Law, Crime, Criminology & Criminal Justice Social Sciences

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Questioning the Contitutionality of Amandement Aceh’s Autonomy Law by Central Government: Who has the Authority? Sulaiman, Badri Hasan
Jurnal Ilmiah Peuradeun Vol. 11 No. 2 (2023): Jurnal Ilmiah Peuradeun
Publisher : SCAD Independent

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26811/peuradeun.v11i2.857

Abstract

This article criticized the decision of the House of Representatives of the Republic of Indonesia (Dewan Perwakilan Rakyat Republik Indonesia-DPR RI) to amend several articles regarding Aceh's autonomy authorities. The DPR RI should consult the norms of Aceh's autonomy to Aceh's Parliament. Unfortunately, the DPR RI tended to consult and involve Aceh's Parliament before making decisions. Most of the decisions regarding Aceh's autonomy had been decided by the DPR RI, creating a potential conflict of regulation in the year to come and distrust between central and provincial governments. This article used a qualitative method with the black letter law approach concerning some regulations as the primary data. The author claimed that the central government had ignored the principle of checks and balances between the central dan provincial governments and also broke the principle of consultation as stated in Law Number 11 of 2006 concerning the Aceh Government.
Implementation of Restorative Justice in the Settlement of Juvenile Assault Offenses as Street Crimes at the Banda Aceh City Police Nabilla, Rafika; Sulaiman, Badri Hasan; Mustaqim, Riza Afrian; M. Yunus, Fakhrurrazi
El-Hadhanah : Indonesian Journal Of Family Law And Islamic Law Vol. 6 No. 1 (2026): El-Hadhanah: Indonesian Journal of Family Law and Islamic Law
Publisher : Prodi Hukum Keluarga Fakultas Syariah dan Hukum UIN Ar-Raniry

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22373/hadhanah.v6i1.9844

Abstract

Restorative justice is an approach to resolving legal cases that involves the offender and the victim in order to achieve a fair settlement by emphasizing the fulfillment of the rights and obligations of the parties based on humanitarian aspects and more dignified and just legal protection. The implementation of restorative justice in this study is carried out in cases of assault committed by children as perpetrators of street crime at the Banda Aceh Police Resort (Polresta Banda Aceh), focusing on the resolution process of several cases between 2023 to 2025. This study aims to examine how restorative justice is implemented in handling cases of child-perpetrated assault as street crime at Polresta Banda Aceh and to identify the obstacles faced in its effectiveness. This study employs a juridical empirical method with statute approach and conceptual approach. Data are collected through interviews with responsible parties at Polresta Banda Aceh and are analyzed descriptively to provide a detailed overview of the implementation of regulations in practice.The findings indicate that Polresta Banda Aceh has attempted to implement restorative justice through penal mediation involving the offender, the victim, and other related parties. However, not all cases are successfully resolved as expected. Out of 9 cases handled, only 3 cases are successfully resolved through restorative justice, while 6 cases are referred to formal judicial proceedings. The implementation still faces several obstacles, including limited family support, the failure to reach an agreement between the offender and the victim, and the lack of optimal support from customary institutions for children. Although the procedures have been carried out in accordance with existing regulations, this condition indicates a gap between legal norms that require diversion and their implementation in practice. Therefore, it is necessary to enhance the capacity of law enforcement officers through specialized training, accompanied by public education, as well as integrating customary law values, in order to ensure that restorative justice is implemented more effectively.
Co-Authors M. Yunus, Fakhrurrazi Nabilla, Rafika Riza Afrian Mustaqim