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All Journal Jurnal Humaya: Jurnal Hukum, Humaniora, Masyarakat, dan Budaya Unizar Law Review Dialogia Iuridica
Suheflihusnaini Ashady
Universitas Mataram
Religion Humanities Environmental Science Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Social Sciences

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Budaya Hukum Penyelesaian Perkara Berbasis Restorative Justice di Desa Sintung, Lombok Tengah Muhammad Rosikhu; Suheflihusnaini Ashady; Nakzim Khalid Siddiq
Jurnal Humaya: Jurnal Hukum, Humaniora, Masyarakat, dan Budaya Vol. 3 No. 1 (2023): JUNE
Publisher : LPPM Universitas Terbuka

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33830/humaya.v3i1.3809

Abstract

In an effort to resolve cases, when the victims are women as part of a marginal group, inequality often occurs. Men who hold authority to resolve cases often take sides and incriminate their victims so that the values of legal certainty, justice and expediency are difficult to achieve even though there is peace as a result of the settlement of the case. Besides women, small communities or marginalized groups, people with disabilities are also included in marginal groups. Access to certainty, justice and the benefit of the law is a necessity that this marginal group must obtain. The law must not be dominated by certain groups who are close to certain power, capital, or social status. This problem occurs because part of the inheritance has not been handed over to the rightful party, for this problem then the Village Sangkep Hall carries out a restorative justice process. Finally, an agreement is reached in which one the aggrieved party gets his share and the party who controls the object of the dispute submits it knowingly and voluntarily. The problem ended with each party making a statement that contained a willingness to end the case and not sue each other in the future. Restorative justice has not been comprehensively regulated in various laws and regulations in Indonesia, the term restorative justice is only regulated in the Act. Number 11 of 2012 concerning the Juvenile Criminal Justice System. Sintung Village, in the process of resolving cases, has fulfilled the main principles of restorative justice. This process has succeeded in maintaining order and security in the Sintung Village environment, in addition, the community also supports the existence of the Village Sangkep Hall.
Problematika Kepastian Hukum Terhadap Penerapan Restorative Justice Dalam Penanganan Perkara Tindak Korupsi Dana Desa Suheflihusnaini Ashady; Aryadi Almau Dudy
Unizar Law Review Vol. 6 No. 1 (2023): Unizar Law Review
Publisher : Fakultas Hukum Universitas Islam Al-Azhar Mataram

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.36679/ulr.v6i1.34

Abstract

The implementation of regional authorities and the allocation of village funds that should be used for welfare and development at the village level have instead become new grounds for corruption for some elements. Law enforcement that is able to provide a deterrent effect on perpetrators is very important so that the idea and application of restorative justice to perpetrators of corruption in village funds needs to be studied further in terms of how the limitations of the application of restorative justice by law enforcement officials in a crime and whether the application of restorative justice against acts of corruption in village funds to fulfill the principle of legal certainty. This research is a normative research with a statutory approach (the statute approach) and a conceptual approach (conceptual approach). The results of the study show that law enforcement officials in implementing restorative justice for a crime must pay attention to the specified conditions, for corruption crimes cannot be applied to restorative justice based on the Head of Police Regulation Number 8 of 2021 concerning Handling of Crimes Based on Restorative Justice and the Prosecutor's Office Regulations of the Republic of Indonesia Number 15 of 2020 concerning Termination of Prosecution Based on Restorative Justice; Next, the application of law must not ignore the principle of legal certainty. Legal certainty also means the clarity of norms that become a reference for behavior, these norms contain consistency, both internally in the law and horizontal consistency with others or vertical consistency with higher laws and regulations. The application of restorative justice to criminal acts of corruption (including corruption in village funds) has violated the principle of legal certainty as well as ignoring the value of justice and the usefulness of law, so its application must be reviewed.
POLA DAN PEMERINTAH DALAM PENCEGAHAN TRAFFICKING IN PERSONS DI LOMBOK TIMUR Nunung Rahmania; Atika Zahra Nirmala; Zahratul'ain Taufik; Aryadi Almau Dudy; Suheflihusnaini Ashady
Dialogia Iuridica Vol. 15 No. 1 (2023): Dialogia Iuridica Journal Vol. 15 No. 1 Year 2023
Publisher : Faculty of Law, Maranatha Christian University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.28932/di.v15i1.7564

Abstract

Human Trafficking is an iceberg phenomenon that is growing all over the world including in Indonesia. Indonesia is a tier 2 surveillance country because human trafficking cases are still high and one of the regions contributing to human trafficking cases is East Lombok Regency, West Nusa Tenggara. The purpose of this study is to analyze and find out how pattern of human trafficking in East Lombok and the role of the East Lombok Regency government in preventing human trafficking. The results showed that first, pattern human trafficking in East Lombok Regency which starts from the recruitment process carried out by neighbors, family, friends, and people who first go abroad, document forgery and manipulation of victims' data are made outside the East Lombok Regency area, and the departure process is relay and departure is not from East Lombok Regency but from the area where the documents are made. Second, the role of the East Lombok Regency Government for prevent human trafficking by conducting scheduled socialization in villages/villages that are vulnerable to human trafficking victims, forming Productive Migrant Villages, and providing training to retired migrant workers/families by forming novice business heroes. However, the Government's efforts to prevent human trafficking have not been maximized and effective due to the lack of coordination between related institutions and public awareness of the dangers of trafficking in persons.
Co-Authors Aryadi Almau Dudy Atika Zahra Nirmala Muhammad Rosikhu Nakzim Khalid Siddiq Nunung Rahmania Zahratul'ain Taufik