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All Journal INJURITY: Journal of Interdisciplinary Studies Indonesian Journal of Advanced Research (IJAR) Jaksa: Jurnal Kajian Ilmu Hukum Dan Politik Journal Of Law Sciences (Legisci) Journal of Community Service (Abdisci)
Fathurohman, Dadan Taufik
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The Effectiveness of The Use of Arbitration as an Alternative to Dispute Resolution in Indonesia Astri, Annisa Dewinda; Harmono, Harmono; Fathurohman, Dadan Taufik
Jurnal Legisci Vol 2 No 6 (2025): Vol 2 No 6 June 2025
Publisher : Ann Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62885/legisci.v2i6.764

Abstract

Background. Dispute resolution is a crucial element in the Indonesian legal system, with arbitration as an alternative that offers flexibility and efficiency. However, public interest in arbitration is still low, even though it is regulated in Law Number 30 of 1999. Aims. This study aims to identify the factors that affect the low use of arbitration and propose solutions to improve public preferences. Methods. The research method used is normative juridical, with data collection through literature studies that include legal documents, books, and academic articles. Result. The results show that the limited public understanding of the benefits of arbitration, the perception of high costs, and doubts about the independence and transparency of arbitrators are the main factors that hinder public interest. Conclusion. To build public trust, intensive socialization and education efforts, clearer cost management, and increased regulations related to arbitrators' independence are needed. Implementation. Thus, arbitration is hoped to be a more competitive and desirable option for dispute resolution in Indonesia
Implementation of Restorative Justice in Theft Cases (Case Study LP/B/14/VII/SPKT) Santhia, Clara Camelia; Adellawati, Audrey; Fathurohman, Dadan Taufik; Dikrurahman, Diky
Interdiciplinary Journal and Hummanity (INJURITY) Vol. 4 No. 5 (2025): INJURITY: Journal of Interdisciplinary Studies.
Publisher : Pusat Publikasi Nusantara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58631/injurity.v4i5.1436

Abstract

Restorative Justice (RJ) is a non-litigation approach to resolving criminal cases that focuses on repairing the harm caused by the crime while fostering reconciliation between the victim and perpetrator. This study examines the implementation of RJ in a theft case under Article 363 of the Criminal Code in Cirebon in 2024. The purpose of this research is to evaluate how the police utilized RJ to address the theft and prioritize the rights of the victims while holding the perpetrators accountable. Using an empirical juridical method, this study analyzes the application of RJ through interviews conducted at the Kedawung Police Station, examining both legal frameworks and practical application. The results indicate that RJ offers an effective, faster, and more cost-efficient resolution for cases like petty theft, promoting victim recovery and perpetrator accountability. The case was successfully resolved when the perpetrator agreed to compensate for the stolen goods and return the victim’s losses through a family-based agreement, fulfilling both material and formal requirements as stipulated in the National Police Regulation No. 8/2021. The study concludes that RJ can be a progressive alternative for resolving criminal cases, though challenges such as community resistance and the need for law enforcement training remain potential barriers to its broader application.
Protection of Victims of Drug Abuse in the Perspective of Restorative Justice Abdullah, Tegar Ishmat; Ramadhan, Mochammad Gilang; Ghoni, Ahmad Abdul; Waluyadi, Waluyadi; Fathurohman, Dadan Taufik
Indonesian Journal of Advanced Research Vol. 4 No. 5 (2025): May 2025
Publisher : PT FORMOSA CENDEKIA GLOBAL

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55927/ijar.v4i5.14537

Abstract

This study critically examines narcotics abuse through a restorative justice lens within the Indonesian legal system. Using a normative juridical method and qualitative analysis, data were collected through documentary research, with secondary sources as the primary reference. Case analysis of Decision No. 29/Pid.Sus/2024/PN Cbn highlights the dominance of retributive justice, which proves inadequate for addressing narcotics abuse. In contrast, Decision No. 272/Pid.Sus/2021/PN Bir demonstrates restorative justice through victim-centered rehabilitation and efficient legal procedures. The findings underscore the need to expand restorative approaches to better protect and rehabilitate victims, offering a more humane and effective alternative to punitive models.
The Use of Arbitration Mechanisms to Resolve Business Disputes Outside the Formal Justice System Djuanda, Dede Hendratno; Hartono, Suwandi; Aziz, Miftah; Harmono, Harmono; Fathurohman, Dadan Taufik
Indonesian Journal of Advanced Research Vol. 4 No. 6 (2025): June 2025
Publisher : PT FORMOSA CENDEKIA GLOBAL

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55927/ijar.v4i6.14591

Abstract

This study evaluates the effectiveness of arbitration in resolving business disputes compared to formal judicial channels, and analyzes the legal force of arbitral awards. In the competitive business world, conflicts often occur, and resolution through the courts is considered less efficient because it is time-consuming, high cost, and open to the public. Arbitration as a form of Alternative Dispute Resolution (ADR) offers a fast, flexible, closed process, and a binding award. In Indonesia, this mechanism is regulated in Law No. 30 of 1999 and is implemented by institutions such as BANI and Basyarnas. A normative juridical research method was used. Challenges still exist, such as lack of understanding and execution of court-dependent decisions.
CRIMINAL PUNISHMENT FOR CRIMINALS WHO DELIBERATELY INCITE MINORS TO HAVE SEXUAL INTERCOURSE (CASE STUDY CASE NO. 215/PID.SUS/2024/PN SBR) Rohmatulloh, Muhammad Zidan; Lennas , Putri Ayu; Rahadatul Aisy, Nanda Syazwina; Suherman, Yoga; Fathurohman, Dadan Taufik
Jurnal Abdisci Vol 2 No 12 (2025): Vol 2 No 12 Tahun 2025
Publisher : Ann Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62885/abdisci.v2i12.715

Abstract

Abstract: Background. In the case of criminal acts involving minors as victims, criminal sanctions have a more complex aspect, as they focus not only on punishment for the perpetrator, but also on the protection of vulnerable victims. The act of sexual intercourse of minors is included in the category of moral crimes, where behaviors, actions, or conversations related to norms of decency must be maintained and protected by law. Aims. This aims to realize order and morality in community life. This study aims to outline the rules of criminal law and the sanctions imposed on perpetrators of criminal acts who deliberately persuade minors to have sexual relations, both with themselves and others. Methods. This study uses a normative juridical approach by examining the theory, concept, laws, and regulations of the Source District Court Decision No. 215/Pid.Sus/2024/PN Sbr. Result. The results of this study conclude that criminal acts involving children as victims are a category of special criminal acts, which are regulated in special laws and regulations regarding child protection, criminal provisions are also applied to every individual who deliberately using deception, a series of lies, or persuading a child to have intercourse with himself or with others, and criminal sanctions against the perpetrators of criminal acts in case No. 215/Pid.Sus/2024/PN Sbr. based on the provisions on child protection have been fulfilled, where the Panel of Judges sentenced the defendant to imprisonment, with a prison sentence of 10 (ten) years and a fine of Rp. 500,000,000.00 (five hundred million rupiah). Conclusion. Criminal acts involving children as victims are categorical special criminal acts, which are regulated in special laws and regulations governing child protection, such as Law No. 17 of 2016, a double amendment to Law No. 23 of 2002 on Child Protection. Implementation. Criminal penalties are imposed on individuals who intentionally use force, a series of lies, or persuade a child to have sexual intercourse with themselves or with another person
THE EFFECTIVENESS OF PRECISION MAUNG NIGHT PATROLS AND CRIMINAL PUNISHMENT IN DEALING WITH TEENAGE BRAWLS IN CIREBON CITY Fathurohman, Dadan Taufik; Rahman, Alfin; Wijaya, Ega Putri; Najiyullah, Nana; Azzahra, Yumna Shafa
Jurnal Abdisci Vol 2 No 12 (2025): Vol 2 No 12 Tahun 2025
Publisher : Ann Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62885/abdisci.v2i12.716

Abstract

Abstract Background. Teenage brawls are a social problem that still often occurs in Cirebon City, causing public unrest and potentially causing casualties. The Cirebon City Police has implemented a countermeasures strategy in the form of Maung Presisi night patrols and applying criminal sanctions for the perpetrators of brawls as a preventive and repressive effort. Aims. This study aims to analyze the effectiveness of Maung Presisi patrols in preventing juvenile brawls and evaluate the application of criminal punishment in providing a deterrent effect to perpetrators. Methods. The research method used is empirical juridical with a qualitative approach. Data is obtained through direct interviews with police officers at the Cirebon City Police, especially the Jatanras unit, as well as observations in the field. Result. The study's results show that Maung Presisi patrols have an important role in reducing the number of brawls, especially in vulnerable areas, although there are still obstacles such as limited personnel and coordination with the community. Meanwhile, the application of criminal penalties for juvenile brawlers, especially those who carry sharp weapons or cause injury to victims, has been shown to have a deterrent effect, but its effectiveness depends on the consistency of law enforcement and the support of rehabilitation programs. Conclusion. This study concludes that the combined approach of preventive patrols and strict legal sanctions needs to be improved by involving various parties, including schools and the community, to create a safer and more conducive environment for adolescents in Cirebon City. Implementation. The number of brawls in Cirebon City can be significantly reduced with the collaboration between the police, schools, parents, and the community. Prevention efforts based on education and coaching must go hand in hand with strict law enforcement so that the solutions implemented can have a long-term impact in creating a safer and more conducive environment for the younger generation.
Analisis Faktor Perceraian Dalam Studi Kasus Putusan Pengadilan Agama Kota Cirebon Nomor: 290/Pdt.G/2025/PA.Cbn Caroline, Nadya Nihayatunnuffus; Pamungkas, Ivan; Putri, Muthia Hisana; Auila, Indah; Khairunnisa, Khayla; Fadlillah, Elisya Maullida; Fathurohman, Dadan Taufik
Jaksa : Jurnal Kajian Ilmu Hukum dan Politik Vol. 3 No. 3 (2025): Juli : Jurnal Kajian Ilmu Hukum dan Politik
Publisher : Universitas Sains dan Teknologi Komputer

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.51903/6bsv4c81

Abstract

Penelitian ini mengkaji perceraian dengan menggunakan metode yuridis empiris, yang menggabungkan analisis norma hukum dengan pengumpulan data lapangan yang selaras dengan penyebab perceraian umum di Pengadilan Agama Kota Cirebon. Data primer diperoleh dari putusan perkara nomor 290/Pdt.G/2025/PA.Cbn, sementara data sekunder bersumber dari undang-undang, dokumen hukum, dan literatur ilmiah terkait perkawinan dan perceraian. Analisis terhadap data dilakukan secara kualitatif dengan pendekatan deskriptif-analitis. Hasil penelitian menunjukkan bahwa faktor utama penyebab perceraian pada perkara tersebut adalah perselisihan yang terjadi secara terus-menerus, yang sejalan dengan penyebab perceraian pada umumnya di Pengadilan Agama Kota Cirebon. Analisis putusan perkara cerai dengan nomor 290/Pdt.G/2025/PA.Cbn menunjukkan bahwa Majelis Hakim mengedepankan pertimbangan hukum yang mendalam. Pertimbangan ini menegaskan pentingnya kehadiran pihak berperkara dalam proses hukum dan efektivitas mediasi sebagai upaya penyelesaian sengketa. Hal ini mencerminkan bagaimana sistem hukum bekerja dalam menangani perselisihan rumah tangga dengan mempertimbangkan faktor hukum dan fakta yang relevan.
Implementation of the Restorative Approach in Traffic Accident Cases by the Indonesian Prosecutor's Office Bagassalam, Imaduddin; Harmono, Harmono; Fathurohman, Dadan Taufik
Jurnal Legisci Vol 3 No 4 (2026): Vol 3 No 4 February 2026
Publisher : Ann Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62885/legisci.v3i4.1086

Abstract

Background. Traffic accidents are a form of criminal acts that occur quite often in the community and often have a significant impact, both in terms of physical, psychological, and social. Although the perpetrator may not be motivated by intent, they may still be subject to legal sanctions under applicable regulations. To achieve a fairer, more humane, and more efficient justice system, the Attorney General's Office of the Republic of Indonesia issued Regulation No. 15 of 2020 on the Termination of Prosecutions Based on the Principles of Restorative Justice. Aims. The purpose of this study is to analyze the application of restorative justice in traffic accident cases and to evaluate the barriers to its implementation and the factors that support its implementation. Method. The method employed combines a normative and empirical juridical approach, with data collected through literature reviews, interviews, and documentation. Conclusion. The study's findings indicate that the restorative justice approach offers a more peaceful and equitable settlement for all parties involved. However, there remain challenges, including limited understanding among law enforcement officials, low community participation, and weaknesses in oversight mechanisms. Implementation. Therefore, it is necessary to strengthen policies, continue training for prosecutors, and enhance community legal understanding so that restorative justice can be applied optimally and consistently in Indonesia.
Co-Authors Abdullah, Tegar Ishmat Adellawati, Audrey Astri, Annisa Dewinda Auila, Indah Aziz, Miftah Azzahra, Yumna Shafa Bagassalam, Imaduddin Caroline, Nadya Nihayatunnuffus Dikrurahman, Diky Djuanda, Dede Hendratno Fadlillah, Elisya Maullida Ghoni, Ahmad Abdul Harmono, Harmono Hartono, Suwandi Khairunnisa, Khayla Lennas , Putri Ayu Najiyullah, Nana Pamungkas, Ivan Putri, Muthia Hisana Rahadatul Aisy, Nanda Syazwina Rahman, Alfin Ramadhan, Mochammad Gilang Rohmatulloh, Muhammad Zidan Santhia, Clara Camelia Suherman, Yoga Waluyadi Waluyadi Wijaya, Ega Putri