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All Journal Asy-Syir'ah: Jurnal Ilmu Syari'ah dan Hukum In Right: Jurnal Agama dan Hak Azazi Manusia
Ali Sodiqin
Unknown Affiliation
Religion Humanities Law, Crime, Criminology & Criminal Justice

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Restorative Justice dalam Tindak Pidana Pembunuhan: Perspektif Hukum Pidana Indonesia dan Hukum Pidana Islam Ali Sodiqin
Asy-Syir'ah: Jurnal Ilmu Syari'ah dan Hukum Vol 49, No 1 (2015)
Publisher : Faculty of Sharia and Law - Sunan Kalijaga State Islamic University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.14421/ajish.2015.49.1.63-100

Abstract

The completion of the homicide in Indonesia didnt have effectiveness, both in order to give a deterrent effect and the creation of the security and peace in society. Conventional punishment process, as applicable in Indonesia, didnt give space to the parties (the victim, offender, and community ) involved to participate actively in solving their problems. Position of the State was too dominant, thus denying the people's participation in law enforcement. Imprisonment system adopted in Indonesian criminal law also didnt provide a comprehensive solution. Retributive justice approach adopted by the Indonesian criminal law needs to be reformed and replaced with a restorative justice. Restoration is an alternative approach to solve crime that emphasized on recovery conflicts and rebulid balances in society. This approach has been also applied in many countries, both of which adopted the system of criminal law and civillaw (France, Germany, the Netherlands), or apply the common law system of criminal law (United States, Canada, Australia). This approach is already practiced in Islamic criminal law, namely the law of qisas. In completion of murder, procedure of Qisas involving all parties, namely the victim, offender and community. Family of victim have the right to determine the punishment, whether qisas (killed), or diyat (pay a fine), or give forgiveness to the offender . The existence of three alternative penalties and engagement of the litigants shows that Islamic criminal law applying restorative justice approach. Position of Sultan (the State) is a mediator as well as a supervisor in law enforcement. Completion of this approach is able to resolve crimes with rebuilding relations after the criminal act.
Muslim Minorities and Political Representation In the 2019 Bali Provincial Regional Representative Council Election Ali Sodiqin; Nurdhin Baroroh
IN RIGHT: Jurnal Agama dan Hak Azazi Manusia Vol. 14 No. 1 (2025)
Publisher : UIN Sunan Kalijaga Yogyakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.14421/inright.v14i1.4079

Abstract

This study explored the success of the Balinese Muslim minority in winning the 2019 Regional Representative Council (DPD) election. The primary focus is to identify the factors that influenced this triumph and analyze the strategies employed and the roles played by the actors involved. This study uses a phenomenological approach complemented by Higley and Burton's elite theory. This theory explained the dynamics between actors through two distinct paths, namely "elite settlement" and "elite convergence." The results showed that, first, the reasons underlying the determination of HBS as a DPD candidate from among Muslims are (1) Muslims constitute approximately 10-13% of Bali's population, necessitating representation at the central or national level, (2) HBS's candidacy was determined based on their electability during the candidate screening process, (3) The agreement of Muslim leaders from diverse religious, social organizations, and Islamic political parties in Bali played a crucial role in the nomination. Second, the nomination of HBS through the elite settlement path was successful, as evidenced by the unified support of Muslim elites for a single candidate. However, the elite convergence route encountered challenges, resulting in an unexpected impact on HBS's vote acquisition. The election of HBS shows the ability of the Balinese people, who are multi-cultural and multi-religious, to manage democracy without causing polarization in society.
Co-Authors Nurdhin Baroroh