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All Journal Widya Yuridika SIGn Jurnal Hukum Jurnal Ilmiah Mizani: Wacana Hukum, Ekonomi Dan Keagamaan
Musakkir Musakkir
Universitas Hasanuddin
Arts Humanities Law, Crime, Criminology & Criminal Justice Social Sciences

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Analisis Hukum dan Ekonomi: Studi Kasus Pembinaan Kemandirian Narapidana Andi Armansyah Akbar; Musakkir Musakkir
SIGn Jurnal Hukum Vol 4 No 2: Oktober 2022 - Maret 2023
Publisher : CV. Social Politic Genius (SIGn)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37276/sjh.v4i2.205

Abstract

This study examines and analyzes the effectiveness and efficiency of the convict self-development program in the penitentiary using legal and economic approaches. This study uses empirical legal research methods. The primary data were collected using direct interviews with four informants. While the secondary data was collected using literature study techniques on primary, secondary, and tertiary legal materials. The data obtained in this research were then analyzed using qualitative data analysis methods with a legal and economic approach. The results show four concepts and five principles for conducting legal and economic analysis. Legal and economic analysis shows that the convict self-development program in Class 1 Penitentiary of Makassar is not running effectively and efficiently based on four factors: legal, law enforcement, facilities, and community. Therefore, it is recommended for MoLHR to make Regulations on observation, assessment, and reporting for implementing the convict development. Furthermore, it is recommended that the Director General of Correctional make Regulations on The guidance for implementing Correctional Guardian. In addition, there should be a restoration of regulations related to the role of correctional guardians as certain functional positions in the Penitentiary. In this case, the convict self-development program in the future can be carried out more focused, measurably, and systematically.
Publication Of Unanonimized Decisions On Cases Which Trials Have Been Closed Tantri Caesar Casanofa Bahtiar; Musakkir Musakkir; Anshori Ilyas
Widya Yuridika Vol 6, No 1 (2023): Widya Yuridika: Jurnal Hukum
Publisher : Universitas Widya Gama Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31328/wy.v6i1.3820

Abstract

This study aims to analyze the implications of publishing decisions that are not anonymized in cases where the trial is carried out in private which results in harm to others, both material and immaterial losses. parties involved in a case. Also, legal remedies that can be taken by parties who feel aggrieved by not anonymizing the decisions that have been published in the decision directory, by which the party can file an objection or report to the relevant court. The results of the study found that the parties who felt aggrieved by not anonymizing the decisions that had been published in the decision directory, or can file an objection or report to the court and the complaint/report will be forwarded to the Supreme Court, and the Supreme Court will follow up through the Supervisory Body at the Supreme Court. court based on unlawful acts of Article 1365 BW. The type of research is empirical legal research, data collection techniques are interviews and literature studies which are then analyzed qualitatively and presented descriptively. or can file an objection or report to the court and the complaint/report will be forwarded to the Supreme Court, and the Supreme Court will follow up through the Supervisory Body at the Supreme Court. court based on unlawful acts of Article 1365 BW. The type of research is empirical legal research, data collection techniques are interviews and literature studies which are then analyzed qualitatively and presented descriptively. parties who feel aggrieved by not anonymizing the decision can file a claim for compensation to the court based on an act that violates the law of Article 1365 BW. The type of research is empirical legal research, data collection techniques are interviews and literature studies which are then analyzed qualitatively and presented descriptively. parties who feel aggrieved by not anonymizing the decision can file a claim for compensation to the court based on an act that violates the law of Article 1365 BW. The type of research is empirical legal research, data collection techniques are interviews and literature studies which are then analyzed qualitatively and presented descriptively.
Integrating Tradition into Legal Reform: Reconstructing the Role of Reconciliatory Customary Judges in Diversion Processes within the Interplay of Islamic, Customary, and National Law Siti Zubaidah; Musakkir Musakkir; Syamsuddin Muchtar; Wiwie Heryani; Ahmad Masum
Jurnal Ilmiah Mizani: Wacana Hukum, Ekonomi Dan Keagamaan Vol 12, No 2 (2025): October
Publisher : Faculty of Sharia (Islamic Law) at Fatmawati Sukarno State Islamic University Bengkulu

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.29300/mzn.v12i2.8439

Abstract

Juvenile cases in conflict with the law are ideally resolved through diversion, a restorative mechanism that prioritizes recovery, avoids stigmatization, and encourages participatory dialogue among stakeholders. However, in practice, diversion implementation in Indonesia often encounters systemic and cultural barriers, especially when relying solely on formal legal institutions. This study explores the role of Reconciliatory Customary Judges (RCJs) in Tana Toraja as culturally embedded mediators and reconstructs their potential function within the national diversion framework. Using a mixed-methods approach, the research combined qualitative interviews with customary leaders (to parenge), religious figures, and law enforcement actors, alongside quantitative surveys conducted among community members. The empirical findings reveal that RCJs hold significant social legitimacy, drawn from their alignment with tongkonan kinship systems and aluk todolo norms of deliberation (musyawarah). Their mediation practices reflect Islamic principles of reconciliation (sulh) and complement the restorative justice goals of the Juvenile Criminal Justice System (UU-SPPA). The study identifies a legal pluralism in practice, wherein Islamic, customary, and national legal traditions converge. RCJs have proven effective in resolving community conflicts and are trusted across generational lines, making them ideal mediators in diversion cases. The results call for the institutionalization of RCJ roles across diversion stages, including police, prosecution, and judiciary levels, to enhance cultural responsiveness, legal legitimacy, and social restoration. This research offers a transformative framework for integrating localized wisdom into national legal reform. By recognizing RCJs as formal diversion mediators, Indonesia can bridge gaps between normative aspirations and socio-cultural realities, promoting a restorative justice system that is legally sound, culturally resonant, and constitutionally grounded
Co-Authors Ahmad Masum Andi Armansyah Akbar Anshori Ilyas Siti Zubaidah Syamsuddin Muchtar Tantri Caesar Casanofa Bahtiar Wiwie Heryani