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All Journal Ganaya: Jurnal Ilmu Sosial dan Humaniora Jambura Law Review AL-Ishlah : Jurnal Ilmiah Hukum RIO LAW JURNAL Journal of Lex Theory (JLT) Journal of Lex Philosophy (JLP) Journal of Public Representative and Society Provision Jurnal Penelitian Serambi Hukum Innovative: Journal Of Social Science Research Priviet Social Sciences Journal HORIZON PUBLIC LEGAL STUDIES
Mappaselleng, Nur Fadhilah
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Religion Arts Humanities Computer Science & IT Economics, Econometrics & Finance Education Environmental Science Law, Crime, Criminology & Criminal Justice Public Health Social Sciences Other

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Reconstructing Honor Killing Through Siri’: A Cultural Perspective from Bugis-Makassar Society Mappaselleng, Nur Fadhilah; Kadir, Zul Khaidir
Ganaya : Jurnal Ilmu Sosial dan Humaniora Vol 8 No 4 (2025)
Publisher : Jayapangus Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37329/ganaya.v8i4.4858

Abstract

Honor killing within the Bugis-Makassar community cannot be fully understood through the lens of positive criminal law, as it is grounded in the normative system of siri’, which holds strong social legitimacy. This study addresses a gap in existing literature that overlooks local value systems as a source of normative justification for violence. It employs a qualitative method with a conceptual approach, using library research to explore siri’ as a regulatory structure. The findings reveal that siri’ positions collective honor above individual life, institutionalizing violence as a corrective obligation. The key contribution of this study is the introduction of cultural criminology as an alternative analytical framework to interpret violence legitimized by customary norms. These findings underscore the urgency of reforming criminal law to account for value pluralism within a legally plural society.
Neurocriminology and evidentiary standards in Indonesian courts Kadir, Zul Khaidir; Mappaselleng, Nur Fadhilah
Priviet Social Sciences Journal Vol. 6 No. 1 (2026): January 2026
Publisher : Privietlab

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55942/pssj.v6i1.786

Abstract

According to the Indonesian Code of Criminal Procedure, the evidentiary system in criminal law remains grounded in the principle of individual responsibility, which presumes free will. However, the incorporation of neurocriminological approaches into legal practice introduces ontological and epistemological conflicts that have not been systematically addressed by existing legal frameworks. This study aims to examine the tension between the concept of individual criminal liability and the deterministic framework of neuroscience and evaluate the admissibility of neuroscientific evidence within the criminal evidentiary system. This study employs a normative legal method with a conceptual approach. The findings indicate that Indonesia's criminal law lacks a conceptual framework capable of bridging the gap between moral culpability and biological vulnerability, thereby risking a loss of coherence in the attribution of legal responsibility to offenders. Furthermore, the absence of normative and procedural mechanisms for assessing the validity, limits, and relevance of neuroscientific evidence creates epistemic asymmetries and opens the door to bias in judicial proceedings. Under such conditions, integrating neuroscience into the legal system risks generating ambiguity in determining liability and undermining the principle of substantive justice. Accordingly, a normative reconstruction of evidentiary law is required as a foundational step to ensure legal consistency in responding to scientific advances.
Narasi Kehormatan (Siri’) dalam Perkara Pembunuhan terhadap Perempuan di Sulawesi Selatan Kadir, Zul Khaidir; Mappaselleng, Nur Fadhilah; Kadir, Nadiah Khaeriah
JURNAL PENELITIAN SERAMBI HUKUM Vol 19 No 01 (2026): Jurnal Penelitian Serambi Hukum Vol 19 No 01 Tahun 2026
Publisher : Fakultas Hukum Universitas Islam Batik Surakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59582/sh.v19i01.1460

Abstract

This article examines how Indonesia’s criminal law system and judicial practice allow narratives of honour (siri’) to enter the adjudication of homicide cases involving women, and assesses the consequences for the protection of the right to life and the position of victims within criminal proceedings. The study employs a normative legal method with doctrinal and jurisprudential approaches. Primary legal materials consist of Law No. 1 of 2023 on the Criminal Code, particularly Article 458(1) and (2) on homicide and Articles 31–44 on justifying and excusing grounds, analysed alongside a corpus of court decisions from South Sulawesi. The analysis shows that siri’ operates as a causal premise in the construction of facts, primarily through the language of shame and commands to restore family honour, allowing judicial reasoning to shift from the victim’s rights to the reputational interests of the perpetrator’s family. Although the new Criminal Code establishes homicide as an unlawful deprivation of life and provides for aggravated punishment when the victim is a close family member, the discretionary space within sentencing guidelines enables honour-based motives to function as mitigating considerations, despite siri’ falling outside the closed categories of justifications and excuses. At the same time, evidentiary practices centred on chronology, perpetrator communication, and socially legitimised forgiveness narrow the space for victims as rights-bearing subjects, increasing the risk of silencing at the stages of reporting, examination, and sentencing.
The Legal Construction of Electoral Crimes in the Indonesian Legislative Framework Kadir, Muhammad Fadel; Mappaselleng, Nur Fadhilah; Razak, Askari
Al-Ishlah: Jurnal Ilmiah Hukum Vol 29 No 1 (2026): December 2025 - May 2026
Publisher : Fakultas Hukum, Universitas Muslim Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56087/jy300x32

Abstract

This study examines the legal construction of electoral crimes within the Indonesian legislative framework. Elections in Indonesia are constitutionally mandated to be conducted in a direct, general, free, secret, honest, and fair manner as stipulated in Article 22E of the 1945 Constitution. To safeguard these principles, various statutory regulations have been enacted, particularly Law No. 7 of 2017 on General Elections and Law No. 10 of 2016 on Regional Head Elections. This research employs a normative legal method with statutory, conceptual, and analytical approaches to analyze the formulation of electoral criminal norms, the structure of offenses, legal subjects, protected legal interests, and sanction mechanisms. The study finds that the regulation of electoral crimes has been systematically constructed through a multi-layered framework consisting of constitutional provisions, statutory regulations, general criminal law, and implementing regulations. However, several issues remain, including ambiguity in the formulation of offense elements, overlap between administrative, ethical, and criminal violations, limited regulatory reach over digital-based electoral offenses, and inconsistencies in sanction proportionality. These challenges affect the effectiveness of electoral law enforcement and the protection of fundamental electoral principles. Therefore, harmonization and reformulation of electoral criminal norms are necessary to ensure clearer offense elements, stronger legal certainty, and a sanction system that proportionally protects the integrity of electoral processes and democratic legitimacy in Indonesia
Judicial Review of the Legality of Law Enforcement Actions in Pretrial Proceedings: An Analysis of the Makassar District Court Decision No. 36/Pid.Pra/2023/PN Mks Fatimah, St; Husen, La Ode; Mappaselleng, Nur Fadhilah
Al-Ishlah: Jurnal Ilmiah Hukum Vol 29 No 1 (2026): December 2025 - May 2026
Publisher : Fakultas Hukum, Universitas Muslim Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56087/

Abstract

This study aims to analyze the legality of law enforcement actions in pretrial proceedings, particularly concerning the determination of suspect status, arrest, and detention, as reflected in the Decision of the Makassar District Court No. 36/Pid.Pra/2023/PN Mks. The research employs a normative juridical method with statute, case, and conceptual approaches. The findings indicate that the judge in the pretrial decision emphasized formal legality and procedural compliance in assessing the validity of investigative actions. The determination of suspect status, arrest, and detention were declared lawful due to the existence of at least two valid pieces of evidence and the fulfillment of procedural requirements in accordance with the Criminal Procedure Code. The Applicant’s arguments were rejected primarily due to the ضعف of evidentiary support, particularly the inability to demonstrate concrete procedural violations. In contrast, the Respondent successfully presented systematic and consistent documentary evidence demonstrating adherence to legal procedures. The study further reveals that pretrial proceedings in practice tend to function as a mechanism of administrative control rather than a substantive review of evidentiary quality. This condition raises concerns regarding the effectiveness of pretrial proceedings in protecting human rights. Therefore, strengthening evidentiary standards and expanding the scope of judicial review are necessary to ensure more comprehensive legal protection
Co-Authors Ahmad, Abd. Kadir Alief Utama, Muhammad Alfin Dwi Handayani Fahmal, A Muin Fahmal, A. Muin Fatimah, ST Fitri, Ainul Hendra Hendra Husen, La Ode Kadir, Muhammad Fadel Kadir, Nadiah Khaeriah Kalsum, Nur Umniati Marsuni, Lauddin Muslinda S, Tenry Normiati, Normiati Nurul Qamar Razak, Askari Sapada, Andi Tenri Surya Wirawan Taufan, Putra Muhammad Wahyu Gunawan Zul Khaidir Kadir