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All Journal Jurnal Ekonomi Jurnal Hukum Sehasen
Mhd Azhali Siregar
Universitas Pembangunan Panca Budi
Economics, Econometrics & Finance Law, Crime, Criminology & Criminal Justice

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THE RESTORATIVE METHOD FOR DEVELOPMENT URGENCY OF CUSTOMARY Irma Fatmawati; Rahul Ardian Fikri; Mhd Azhali Siregar; Senja Mawarni
Jurnal Ekonomi Vol. 12 No. 02 (2023): Jurnal Ekonomi, Perode April - Juni 2023
Publisher : SEAN Institute

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Abstract

The study of the administration and distribution of justice in Indonesia is a very important matter to discuss. very important to discuss. First, because Indonesian society is still a pluralistic society. Secondly, the complexity of the law and the issues surrounding the terms 'lex' (legislation, regelgeving) and 'ius' (law, recht). And thirdly, Apeldoorn's opinion that outside the laws there is also law. The Republic of Indonesia is a state of law (rechstaat). In this case, the state should also ensure the upholding of justice by applying and enforcing the existing, including in enforce existing laws, including customary. The implementation of the law can take place normally and peacefully, but it can also be due to violations of the law. also due to violations of the law. In this case, the law that has been violated must be enforced.
Handling of Juvenile Brawl Crimes through Criminal Law Policy in Medan City Rahul Ardian Fikri; Mhd Azhali Siregar; Muhammad Juang Rambe; Nabilah Syaharani
JURNAL HUKUM SEHASEN Vol 10 No 2 (2024): Oktober
Publisher : Fakultas Hukum Dehasen

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37676/jhs.v10i2.7130

Abstract

This study focuses on criminal law policies in dealing with criminal acts of assault or brawls (tawuran) caused by juvenile delinquency in Medan City. Student brawls have become a trend among teenagers, especially at the high school level and equivalent, which are triggered by various internal and external factors, including family influences, school environment, and social pressure. This study aims to determine the legal basis governing criminal acts of brawls, the factors causing brawl behavior among students, and efforts to overcome them made by law enforcement, the community, and schools. The approach used in this study is a qualitative descriptive method, which includes data collection through interviews and direct observation at the Medan Police Headquarters. The results of the study indicate that factors such as frustration, emotional disturbances, and environmental influences contribute to juvenile delinquency behavior that leads to brawls. This study emphasizes the importance of the Restorative Justice approach in resolving brawl cases and proposes the need for collaboration between educational institutions, law enforcement, and the community to prevent and handle these cases effectively.
The Existence Of Customary Law In Domestic Violence Mediation: Harmonization Between State Law And Customary Law Irma Fatmawati; Rahul Ardian Fikri; Mhd Azhali Siregar; Nabilah Syaharani
JURNAL HUKUM SEHASEN Vol 10 No 2 (2024): Oktober
Publisher : Fakultas Hukum Dehasen

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37676/jhs.v10i2.7180

Abstract

This study aims to examine the role of customary law in mediating domestic violence (DV) cases and how harmonization between customary law and state law can be realized. In several indigenous communities in Indonesia, dispute resolution, including cases of domestic violence, still relies on customary mechanisms that are collective and based on deliberation. However, this often conflicts with state law which has strict rules regarding criminal acts of domestic violence. The research method used is a juridical-empirical approach with case studies in several indigenous communities in Central Aceh. The results of the study show that customary law has a strong existence in handling cases of domestic violence through mediation, where perpetrators and victims are invited to reconcile by involving customary elders. However, there are still challenges in harmonization between customary law and state law, especially in terms of implementing sanctions and protecting victims. This study concludes that harmonization between customary law and state law is needed to create comprehensive justice, where customary law can be recognized as an effective dispute resolution mechanism, but remains in line with the principles of state legal protection for victims of domestic violence. To achieve this, regulatory and policy efforts are needed that are able to integrate the two legal systems proportionally.
Co-Authors Irma Fatmawati Muhammad Juang Rambe Nabilah Syaharani Rahul Ardian Fikri Senja Mawarni