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All Journal Al-Mizan (e-Journal) Jurnal Restorative Justice
Astika Hunawa
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Religion Humanities Law, Crime, Criminology & Criminal Justice Social Sciences

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The Existence of Legal Aid Institutions as Embodiments of Principle of Equality Before the Law Arhjayati Rahim; Noor Asma; Astika Hunawa
Al-Mizan (e-Journal) Vol. 14 No. 2 (2018): Al-Mizan
Publisher : Lembaga Penelitian dan Pengabdian Kepada Masyarakat Institut Agama Islam Negeri Sultan Amai Gorontalo

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (499.545 KB) | DOI: 10.30603/am.v14i2.937

Abstract

This study discusses the existence of Legal Aid Institutions in providing legal assistance, and the implementation of the provision of legal assistance to the community so as to realize the principle of equality before the law. Research locus was conducted in South Sulawesi Province (LBH Makassar, PBHI) and in Gorontalo Province (LBH FSE Sultan Amai Gorontalo IAIN, LBH Ichsan, YLBHI). The results showed that the existence of Legal Aid Institutions can provide satisfaction and a positive response from the community who consider that when dealing with the law it must be expensive but with the existence of legal aid institutions the poor can get free legal services at no cost, but there are still many poor who do not yet know about the existence of facilities and containers provided by the State in terms of providing free legal assistance. The implementation of legal assistance which is the goal of legal aid agencies for the poor has been carried out well even though in the field implementation many obstacles have been encountered in maximizing legal aid services at the research sites.
MEDIATION IN HANDLING OF CRIMINAL HOUSEHOLD ACCIDENT AT THE LEVEL OF INVESTIGATION Arhjayati Rahim; Astika Hunawa
Jurnal Restorative Justice Vol 4 No 1 (2020): Jurnal Restorative Justice
Publisher : Musamus University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35724/jrj.v4i1.2735

Abstract

The crime of neglect of the household is one of the criminal acts of domestic violence that is categorized as a crime in the criminal law which solves its case through a criminal course, but because of its sphere in the family environment, the path of settlement through the criminal law will have an adverse impact on the survival and household harmony. This is contrary to the mandate of Law Number 23 of 2004 concerning the Elimination of Domestic Violence, which is maintaining the integrity of a harmonious and prosperous household, so that in handling these criminal cases it is necessary to use a special approach, technique and effort so that the case does not lead to the downfall criminal but leads to Alternative Dispute Resolution (ADR) which is mediation based on the restorative justice theory approach. The research location in Gorontalo Regional Police uses Field Research type of research, qualitative research methods and analyzed using descriptive analysis. The results showed that the implementation of mediation in handling this criminal act had been carried out using the theory of restorative justice but there were still obstacles that affected the implementation of mediation. The need for formal regulations and SOPs as a reference in carrying out mediation in the investigation process.
MEDIATION IN HANDLING OF CRIMINAL HOUSEHOLD ACCIDENT AT THE LEVEL OF INVESTIGATION Arhjayati Rahim; Astika Hunawa
Jurnal Restorative Justice Vol 4 No 1 (2020): Jurnal Restorative Justice
Publisher : Musamus University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35724/jrj.v4i1.2735

Abstract

The crime of neglect of the household is one of the criminal acts of domestic violence that is categorized as a crime in the criminal law which solves its case through a criminal course, but because of its sphere in the family environment, the path of settlement through the criminal law will have an adverse impact on the survival and household harmony. This is contrary to the mandate of Law Number 23 of 2004 concerning the Elimination of Domestic Violence, which is maintaining the integrity of a harmonious and prosperous household, so that in handling these criminal cases it is necessary to use a special approach, technique and effort so that the case does not lead to the downfall criminal but leads to Alternative Dispute Resolution (ADR) which is mediation based on the restorative justice theory approach. The research location in Gorontalo Regional Police uses Field Research type of research, qualitative research methods and analyzed using descriptive analysis. The results showed that the implementation of mediation in handling this criminal act had been carried out using the theory of restorative justice but there were still obstacles that affected the implementation of mediation. The need for formal regulations and SOPs as a reference in carrying out mediation in the investigation process.
Co-Authors Arhjayati Rahim Noor Asma