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All Journal Al-Jinayah: Jurnal Hukum Pidana Islam Jurnal Smart Hukum (JSH)
Sutiono
Lecture of Law Faculty in Bilfath University of Lamongan East java
Law, Crime, Criminology & Criminal Justice Social Sciences

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The Application of Concept Restoration of Justice in the Perspective of Local Wisdom in the Samin Tribe Sutiono; Anshori; Shofiyul Umam; Jibril
Jurnal Smart Hukum (JSH) Vol. 1 No. 3 (2023): February-May
Publisher : Inovasi Pratama Internasional. Ltd

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55299/jsh.v1i3.371

Abstract

This research examines the application of the concept of restoration of justice in the perspective of local wisdom in the Samin tribe. Restorative Justice is basically a method in handling cases to uphold the values ​​of justice in a legal event by carrying out legal remedies. In maintaining justice, other community groups, especially the Samin people, also have their own perspective. The Samin tribe has the wisdom to behave well to maintain social order in the life of its people. independent in dealing with the process of life. The writing method used is the Juridical Empirical writing method. The formulation of the problem in this study is: How is the concept of restorative justice used by law enforcement in Indonesia. Is restorative justice also a local wisdom practice in the Samin community. Then the restoration of justice in its application has been carried out by law enforcers, especially in mild cases, then basically the Samin people with their local wisdom are very relevant to the concept of restoration of justice.
The Role of Village Heads in Resolving Minor Criminal Cases (Study of Resolving Minor Criminal Cases in Trosono Village with a Restorative Justice Approach): Peran Kepala Desa Dalam Penyelesaian Kasus Pidana Ringan (Study Penyelesaian Kasus Pidana Ringan di desa Trosono dengan Pendekatan Restorasi Justice) Anshori; Sutiyono; Ependi
Al-Jinayah : Jurnal Hukum Pidana Islam Vol. 10 No. 2 (2024): December 2024
Publisher : Islamic Criminal Law Study Program, Faculty of Sharia and Law, Sunan Ampel State Islamic University Surabaya, Surabaya, East Java, Indonesia.

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15642/aj.2024.10.2.262-277

Abstract

Abstract This study aims to analyze the role of village heads in resolving minor criminal cases through a restorative justice approach in Trosono Village. This empirical juridical research focuses on how village heads, as local leaders, mediate conflicts, prioritize deliberation, and maintain social harmony. Data were collected through in-depth interviews, observations, and document reviews, with qualitative-descriptive analysis methods. The findings reveal that the village head plays a central role in facilitating dialogue between disputing parties to reach fair agreements without resorting to formal legal processes. This restorative approach proves effective in resolving minor criminal cases, such as disputes among residents, petty theft, and other incidents that do not require court intervention. Supporting factors for this approach include community trust in the village head, a culture of deliberation, and the support of village officials. However, the main challenges include the village head's limited legal authority and potential external pressures. In conclusion, the restorative justice approach implemented by the village head in Trosono Village has the potential to serve as an effective model for resolving minor criminal disputes at the local level, provided it is supported by clear regulations and synergy with formal law enforcement authorities. Keywords: village head, restorative justice, minor criminal resolution, empirical juridical, Trosono Village.
Co-Authors Anshori Anshori Ependi Jibril Shofiyul Umam