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All Journal FIAT JUSTISIA: Jurnal Ilmu Hukum PADJADJARAN Jurnal Ilmu Hukum (Journal of Law) Jurnal Hukum Acara Perdata ADHAPER Jurnal Bina Mulia Hukum Pena Justisia: Media Komunikasi dan Kajian Hukum Jurnal Hukum Acara Perdata Indonesia Law Review (ILREV) Jurnal Hukum dan Peradilan Journal of Law and Legal Reform Lex Scientia Law Review BANI Arbitration and Law Journal
Efa Laela Fakhriah
Unknown Affiliation
Economics, Econometrics & Finance Environmental Science Law, Crime, Criminology & Criminal Justice Social Sciences

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The Character of Peace in Judges’ Customary Criminal Receptions as Restorative Justice Kusmayanti, Hazar; Putri, Sherly Ayuna; Fakhriah, Efa Laela; Rajamanickam, Ramalinggam
Journal of Law and Legal Reform Vol. 5 No. 1 (2024): Contemporary Global Issues on Law Reform, Legal Certainty, and Justice
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/jllr.vol5i1.2518

Abstract

The idea that restorative justice primarily derives from indigenous communities' beliefs, which have existed for a very long time and have evolved into customary law from generation to generation, gave rise to the term restorative justice in Indonesia. According to Article 5 paragraph (1) of the Judicial Power Law, it is the duty of the judge to investigate, adhere to, and comprehend the legal values and sense of justice that exist in society. The author of this study will examine how judges in courts use restorative justice in the process of interpreting local customary law to avoid conflicts with it. And discover what challenges judges in court face in accepting this customary law. The author's research strategy is normative juridical and is based on primary, secondary, and tertiary legal resources. According to research, district court judges can significantly contribute to the realization of restorative justice in the context of customary criminal law by having a thorough understanding of customary law, employing a mediation approach, enforcing restorative sanctions, offering education and counseling; and placing a high priority on reconciliation. The current national criminal justice system can be viewed as failing to represent the interests of victims. The social background of the judge's origin, the judge's educational background, the judge's ethnicity, and the environment at the time of the hearing are all barriers to judges accepting customary law in their decisions.
Resolution of Agrarian Conflicts on Plantation Land through Restorative Justice in Indonesia Artaji, Artaji; Sulistiani, Lies; Rajamanicam, Ramalinggam; Fakhriah, Efa Laela
Lex Scientia Law Review Vol. 8 No. 1 (2024): Contemporary Legal Challenges and Solutions in a Global Context
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/lslr.v8i1.14060

Abstract

The agrarian reform in Indonesia has not been effectively implemented, leading to significant challenges, particularly regarding the unresolved status of Right to Use Enterprises (HGU) held by plantation entrepreneurs. As a result, many plantation lands remain abandoned, which farming communities—lacking formal land ownership—subsequently cultivate. The government views this activity as unauthorized land occupation, commonly referred to as reclamation. Conflicts over plantation land arise from differing perspectives: while farming communities seek justice, the government perceives plantation land as state property that necessitates state control and management. This issue is further complicated by plantation entrepreneurs who believe they retain valid HGU rights. To address this multifaceted problem, a solution model is needed that engages victims, perpetrators, and community stakeholders to foster a sense of justice. This research employs socio-legal methodologies, utilizing an interdisciplinary approach that incorporates non-legal disciplines to enhance doctrinal analysis and better understand the legal realities faced by all parties involved. The findings indicate that a restorative justice model for resolving conflicts between farming communities and HGU holders is highly appropriate, as it facilitates a sense of fairness for all stakeholders. By bridging the divergent understandings and paradigms of the farming communities and the government, restorative justice mechanisms can effectively restore the rights of those affected and promote peace in the resolution process.
The Enforceability of the Decision of the Construction Dispute Board in Indonesia Haliman, Yudi; Adolf, Huala; Fakhriah, Efa Laela; Murwadji, Tarsisius
BANI Arbitration and Law Journal Vol. 1 No. 2 (2025): BANI Arbitration and Law Journal, Volume 1, Issue 2, April 2025
Publisher : Badan Arbitrase Nasional Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.63400/balj.v1i2.15

Abstract

The emergence of the Dispute Board in Indonesia through Law Number 2 of 2017 on Construction Services raises several challenges, including the complexity of the dispute resolution process, the unclear legal status of decisions, and the lack of recognition within the existing arbitration legal framework. Using a legal normative approach, this research explores the issue in the dispute resolution mechanism under the Law Number 2 of 2017, analyses the main obstacles, and formulates recommendations for improving the effectiveness of the Dispute Board. This research in particular emphasized the enforceability of the decision of the Construction Dispute Board. The method to this problems was to analyze the provisions under the Law. In addition this article also analyzed the main provision on the settlement of disputes, including the possibility of the legal recognition of the Dispute Construction Board in view of the institutional aspects under the Law No 30 of 1999 on Arbitration and Alternative Dispute Resolution. This article found that the complexity of the dispute resolution process through the Construction Dispute Board, along with the high cost and lack of clarity regarding the enforceability of judgments, creates uncertainty for the parties. This marred the deicison of the Construction Dispute Board.
Co-Authors Agus Mulya Karsona, Agus Mulya Anita Afriana Artaji, Artaji Artaji, Artaji Haliman, Yudi Hazar Kusmayanti, Hazar Huala Adolf Jonathan, Praisila Glory Florencia Kartikasari, Luciana Asih Lies Sulistiani Putri, Sherly Putri, Sherly Rajamanicam, Ramalinggam Rajamanickam, Ramalinggam Rusmiati, Elis Rusmiati, Elis Satrio, Dwi Bintang Sherly Ayuna Putri, Sherly Ayuna Sonny Dewi Judiasih Sufiarina Tarsisius Murwadji