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All Journal Jurnal Pelangi Ilmu Al-Ulum Al-Mizan (e-Journal) Jurisprudentie Jurnal Ilmiah Al-Syir'ah Jurnal Al Himayah Gorontalo Law Review Jurnal Hukum Volkgeist Musamus Law Review Jurnal Restorative Justice SASI International Journal of Sociology and Law Madania: Jurnal Kajian Keislaman
Arhjayati Rahim
IAIN Sultan Amai Gorontalo
Religion Arts Humanities Economics, Econometrics & Finance Education Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Social Sciences

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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.
Diversion in the Form of Protection of Human Rights Arhjayati Rahim
Musamus Law Review Vol 1 No 2 (2019): MuLaRev
Publisher : Faculty of Law, Musamus University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35724/mularev.v1i2.1126

Abstract

Crimes committed by children in Indonesia has reached its peak it signified the increasing rate of crimes committed by children. A dilemma when it comes to handling the perpetrators of crimes committed by children, on the other hand children are vulnerable creatures and tend not to be accountable as a result of his actions, on the other hand the child has committed a criminal offense that harm others. That many regulations that have been published to address the issue. The most recent is the Law No. 11 Year 2012 on child criminal justice system, which emphasizes the process of diversion in solving criminal cases involving children. Diversion destination is clear in Act No. 11 of 2012 concerning juvenile justice system Article 6 of diversion aims: Achieving peace victims and children, Resolving cases of children outside the judicial process, Protects children from the deprivation of liberty, Encouraging people to participate, Instill a sense of responsibility answer to this Child. Hal accordance with the principle of fulfillment of children's rights. So in this paper will discuss setting How Diversion Law as a form of Human Rights Protection. The existence of a diversion process in some cases of child crime that must be sought, it is hoped that in the future it will provide ideal and comprehensive protection for handling cases of children facing the law so that the fulfillment of children's rights both as victims and perpetrators can be carried out effectively and lead to fulfillment human rights because the truth is that human rights are inherent rights and exist in every human being and must be protected by the state
A Model of Legal Culture for Prevention of Money Politics Through Social Media Strategies for Facing Simultaneous Elections in 2024 Gorontalo Province Jupri; Arhjayati Rahim; Rusmulyadi, Rusmulyadi; Vicky Ibrahim; Umar P
Jurnal Hukum Volkgeist Vol. 8 No. 1 (2023): DECEMBER
Publisher : Lembaga Penelitian dan Pengabdian Masyarakat

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35326/volkgeist.v8i1.4356

Abstract

This research aims to examine and explore the construction of a legal culture model for monitoring social movements to prevent money politics through social media and describe forms of legal protection for this movement. From the experience of previous simultaneous elections and local elections, various problems remain, one of which is money politics. Money politics is considered a differentiation mechanism for contestants to provide more value than other contestants in order to pursue personal votes. The factors vary, from weak religious culture, strong kinship culture, and paternalistic culture. This research provides a prevention model by utilizing social media such as Facebook, Twitter, WhatsApp and Instagram as a tool for social movements to prevent the practice of money politics. The type of research used is empirical research, namely research with field data as the main data source. The results of this research show that there are two models of cultural construction of legal supervision of social movements to prevent money politics through social media, namely the formation of anti-money politics citizen forums based on social media and creating anti-money politics fosters on social media. Meanwhile, the form of protection for this movement is to strengthen regulations and legal protection for whistleblowers and pay attention to Law Number 31 of 2014 concerning the protection of witnesses and victims. In the future, social media can be used as a means for more massive social movements to voice ideas, opinions and views in monitoring deviant behavior from political contestants and there needs to be special arrangements for the protection of these social movements.
Juridical Analysis of Handling Homelessness and Beggar Rahim, Arhjayati; Mustapa, Ira Suryani
SASI Volume 28 Issue 3, September 2022
Publisher : Faculty of Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/sasi.v28i3.943

Abstract

Introduction: This research analyzes how to handle homelessness and beggars in Gorontalo city either by Indonesian Criminal Code or by Regional regulation in Gorontalo city number 1 of 2018 concerning order and handling approach.Purposes of the Research: This research aims to study and analyze the handling of the homelessness and beggars in Gorontalo City using criminal code regulations and local regulations in Gorontalo City number 1 of 2018 about order and approaching handling.Methods of the Research: The method used in this research is the Sociological Juridicial Method The site of research was in Social and Society Empowerment Service of Gorontalo, the Municipal Police Government  service of Gorontalo, the Police station of Gorontalo city, the red light crossing of Baiturrahim Mosque in Gorontalo city, the crossing road of Gelael building, the Shopping center, central market, mall of Gorontalo, and Crossing road of Bunda Hospital, and some streets in Gorontalo city.Results of the Research: Handling process through Indonesian criminal code (KUHP) using quick investigation report, single law trial, the prosecutor is not mandatory to present/investigator can act as prosecutor in the court. Regional regulation number 1 of 2018 regulates two penalties: administrative (article 30) and criminal (article 32), preventive efforts in the form of emotional approach, coaching, making investigation report, and the last is returned to their respective place.
Legal Pluralism in the Tayade System: Reconciling Land and Plant Ownership Laws in Gorontalo Lahaling, Hijrah; Rahim, Arhjayati; Beddu, Sumiyati; Aribah, Dzikra Ridha Dwi; Saharuddin, Saharuddin
Jurnal Ilmiah Al-Syir'ah Vol 23, No 1 (2025)
Publisher : IAIN Manado

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30984/jis.v23i1.3325

Abstract

This study examines the legal uncertainty surrounding the Tayade land and tree transaction system in Gorontalo, Indonesia, which lacks formal regulations under both positive and Islamic law. The Tayade system separates ownership rights between land and vegetation, resulting in dual ownership over a single plot. This research explores solutions to the dual ownership issue and its implications for land and tree owners. A comparative approach with descriptive methods was used, analyzing land and tree transaction rules from positive and Islamic law perspectives through a literature review. The findings reveal that the absence of clear regulations creates legal uncertainty and potential conflicts due to inconsistencies between Tayade customary law, positive law, and Islamic law. The study concludes that harmonizing these legal systems is essential for effectively managing land and vegetation rights. Such harmonization would strengthen legal certainty and reduce conflicts in transferring rights under the Tayade system. The study recommends the development of more specific regulations to govern the practice, ensuring more transparent and more appropriate legal frameworks for the community.
The Understanding of Religious and Multicultural Culture in Manado City Society from Maqâshid Al-Syarî`ah Perspective Darwis, Rizal; Abdullah, Abdullah; Wibawa, Nazar Husain Hadi Pranata; Rahim, Arhjayati
Madania: Jurnal Kajian Keislaman Vol 26, No 1 (2022): JUNE
Publisher : Universitas Islam Negeri (UIN) Fatmawati Sukarno Bengkulu

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.29300/madania.v26i1.3790

Abstract

Religion and culture are two inseparable things. Grounded religious values require traditions and culture that develop in society. This article aims to analyze the religious and cultural understanding of multiculturalism in the people of Manado City. This research is a qualitative descriptive study with data sources coming from the literature and interviews. The data were analyzed using the maqâshid al-syarî`ah approach. The results of the study show that the city of Manado as an area with a multicultural population strongly adheres to the religious understanding that every religion in principle loves, respects, and respects each other. The philosophy of sitou timou tumou tou, torang samua basudara, mapalus, democracy, anti-discrimination and friendship are believed and guided in carrying out all social activities in Manado society. If viewed from the perspective of maqâshid al-syarî`ah, then it is included in the category of maslahat al-‘ummah. Agama dan budaya adalah dua hal yang tidak terpisahkan. Nilai-nilai agama yang membumi membutuhkan tradisi dan budaya yang berkembang di masyarakat. Artikel ini bertujuan menganalisis paham keagamaan dan budaya multikulturalis pada masyarakat Kota Manado. Penelitian ini merupakan penelitian deskriptif kualitatif dengan sumber data berasal dari kepustakaan dan hasil wawancara. Data dianalisis dengan menggunakan pendekatan maqashid al-syariah. Hasil penelitian menujukkan bahwa Kota Manado sebagai daerah yang berpenduduk multikulturalis sangat berpegang pada pemahaman keagamaan bahwa setiap agama pada prinsipnya saling menyayangi, saling menghormati dan saling menghargai. Falsafah sitou timou tumou tou, torang samua basudara, mapalus, demokrasi, antidiskriminasi dan silaturrahim diyakini dan dipedomani dalam melakukan segala aktifitas sosial dalam masyarakat Manado. Jika ditinjau dari perspektif maqâshid al-syarî`ah, maka masuk dalam kategori maslahat al-‘ummah.
The Influence Of Public Pressure On The Criminal Case Handling Process Noor Asma; Arhjayati Rahim
International Journal of Sociology and Law Vol. 1 No. 3 (2024): August : International Journal of Sociology and Law
Publisher : Asosiasi Penelitian dan Pengajar Ilmu Hukum Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62951/ijsl.v1i3.106

Abstract

The criminal justice system ideally aims to uphold the law fairly and objectively and avoid the intervention of external parties. If the criminal justice system is not carried out properly, it will lead to public distrust of law enforcers if the process is not fair and objective, increased insecurity if law enforcement is not carried out professionally and proportionally, resulting in public pressure on the process of handling criminal cases. The problem in this study is how the influence of public pressure on the process of handling criminal cases. The research method used is normative juridical which is carried out based on the main legal material by examining legal principles, laws and regulations, theories, concepts, and mass media news related to this research. Public pressure has a significant influence on the process of handling criminal cases. On the one hand, public pressure can encourage law enforcement to work more quickly, transparently and responsibly in handling cases. On the other hand, excessive public pressure can disrupt the legal process and hinder fair and objective law enforcement.
Peranan Orang Tua terhadap Pendidikan Karakter Remaja Putri menurut Islam Rahim, Arhjayati
Al-Ulum Vol. 13 No. 1 (2013): Al-Ulum
Publisher : Institut Agama Islam Negeri (IAIN) Sultan Amai Gorontalo

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (401.747 KB)

Abstract

This paperdiscusses about the role of parents on character-building education of girl teenagers in Islam view. Teenager phase in their live is only coming once in a life, the beautiful phase and at once crucial because this phase is transitional phase physically, emotionally and physiology to arrive to another phase which is referred to adultness, to properness thought and action. This phase is also identical with socialization and adaptation with the surrounding, so it is not amazing when we find that the point of view and the attitude of teenagers in every country is different because it is related to the culture and social domination of the surrounding. Teenagers tend to come to vulnerable condition;therefore,they need control and guidance from their parents primarily to theirages-phases, the condition of their parents’ idea and their understanding about personality, along with religious thought which are aimed to build their girls’ character. Then, the girls can face their teenager-phase properly and accordance with Islam teachings. Finally, these girls’ character will make them smarter, skilful, and faithful to their religion, namely Islam.
Co-Authors Abdullah Abdullah Abdullah Abdullah Aribah, Dzikra Ridha Dwi Asma, Noor Asma, Noor Astika Hunawa Hijrah Lahaling Jupri Madinah Mokobombang Mustapa, Ira Suryani Nazar Husain Hadi Pranata Wibawa Noor Asma Rizal Darwis Rusmulyadi, Rusmulyadi Saharuddin Saharuddin Sumiyati Beddu Umar P Vicky Ibrahim Wibawa, Nazar Husain Hadi Pranata