Article Per Year (5 Year)
p-Index From 2021 - 2026
0.408
P-Index
This Author published in this journals
All Journal TAHKIM Amandemen: Jurnal Ilmu Pertahanan, Politik dan Hukum Indonesia Jurnal Hukum, Administrasi Publik dan Negara
Hasbollah Toisuta
Unknown Affiliation
Arts Humanities Economics, Econometrics & Finance Law, Crime, Criminology & Criminal Justice Social Sciences

Published : 3 Documents Claim Missing Document
Claim Missing Document
Check
Articles

Found 3 Documents
Search

 1 
HUKUM KELUARGA DI AFGHANISTAN Hasbollah Toisuta
TAHKIM Vol 9, No 1 (2013)
Publisher : IAIN Ambon

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33477/thk.v9i1.87

Abstract

The family law on its development gets government and scholar attention in the Islamic world, included in Afghanistan. It is interesting to investigate given has been enacted the marriage law, Qanun-i Izdiwaj in 1971 in Afghanistan based on the Egyptian Family Law in 1929 and fully enforce the Maliki’s law on the women rights to file divorce in the court. In addition, the provisions of this law amended the practices prevailing locally related to marriage and divorce. Although in some cases are still bound to the Hanafi school fiqh, the family law in Afghanistan has undergone reformation in line with the modern world development. The reformation system of its family law leads to extra doctrinal reform, by way of giving new interpretation, which sometimes differ from the provisions of Hanafi’s school followed by majority of its population. The reformation material of family law undertaken in Afghanistan, is the dowry, child marriage, polygamy and divorce. Keywords: reformation, family law, Afghanistan
Konflik Rumah Tangga dan Strategi Penyelesaiannya dalam Perspektif Hukum Keluarga Islam: Studi di Kota Tual Taufik Hamud; Hasbollah Toisuta; Eka Dahlan Uar
Amandemen: Jurnal Ilmu pertahanan, Politik dan Hukum Indonesia Vol. 3 No. 3 (2026): Juli: Amandemen: Jurnal Ilmu Pertahanan, Politik dan Hukum Indonesia
Publisher : Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62383/amandemen.v3i3.1767

Abstract

This research analyzes the forms of household conflicts and their resolution strategies in Tual City from the perspective of Islamic family law. The high divorce rate in Tual City is a concerning phenomenon, with dominant factors including economic conflicts, recurrent quarrels, infidelity, domestic violence (DV), and interference from extended families which actually exacerbates the situation. This research employs a qualitative method with a normative-empirical approach. Primary data were obtained through in-depth interviews with married couples, religious leaders, and traditional leaders in Tual City, and were analyzed together with secondary data in the form of Tual Religious Court decisions of 2023 (Numbers 33, 34, 36, and 37/Pdt.G/2023). The findings indicate that household conflicts in Tual City possess distinctive characteristics influenced by socio-cultural structures, kinship systems (fam), and the still-strong Kei customs. From the perspective of Islamic law, conflict resolution mechanisms through mau’izhah (admonition), hajr (temporary separation), and tahkim (family mediation) are acTually relevant to be applied; however, their implementation has not been optimal due to misconceptions and excessive family interference. This research concludes that the effectiveness of Islamic law-based conflict resolution heavily depends on the couple's understanding, the objectivity of family members, and the professionalism of mediators. The research recommendations include strengthening family education, professionalizing mediation, and fostering collaboration among religious leaders, traditional leaders, and the regional government.
Implementasi Keadilan Restoratif dalam Penyelesaian Tindak Pidana Ringan di Kepolisian Resort Tual Perspektif Hukum Pidana Islam La Ode Arif Jaya; Hasbollah Toisuta; Abdul Jabar Abdu
Jurnal Hukum, Administrasi Publik dan Negara Vol. 3 No. 4 (2026): Juli : Jurnal Hukum, Administrasi Publik dan Negara
Publisher : Asosiasi Peneliti Dan Pengajar Ilmu Sosial Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62383/hukum.v3i4.1105

Abstract

This study analyzes the implementation of restorative justice in resolving minor criminal offenses at the Tual Resort Police and examines it from the perspective of Islamic criminal law. The study is motivated by the development of a law enforcement paradigm that is no longer solely oriented toward punishment but also emphasizes the restoration of social relationships, victim protection, and the achievement of peace. In the Tual community, which continues to uphold customary, religious, and familial values, the restorative justice approach is considered more effective than formal judicial mechanisms. This study employs a normative-empirical method with a descriptive-qualitative approach. Primary data were obtained through interviews with investigators of the Tual Resort Police, customary leaders, religious leaders, and other relevant parties, while secondary data were collected through library research. The findings indicate that restorative justice at the Tual Resort Police has been implemented based on Indonesian National Police Regulation Number 8 of 2021 for minor criminal offenses, including petty theft, minor assault, defamation, and disputes among community members, through mediation involving families, customary leaders, and religious leaders. From the perspective of Islamic criminal law, this practice is consistent with the principles of ishlah, sulh, and maqāṣid al-sharī'ah, which emphasize peace, public welfare, and the restoration of social relationships. This study concludes that restorative justice at the Tual Resort Police reflects the harmonization of state law, customary law, and Islamic law in achieving a more humane and just resolution of criminal cases.
Co-Authors Abdul Jabar Abdu Eka Dahlan Uar La Ode Arif Jaya Taufik Hamud