Bustanul Arifien Rusydi
Universitas Islam Negeri Sunan Kalijaga, Yogyakarta

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Manusia Silver dan Kebijakan Larangan “Pengemis Jalanan”: Anomali Implementasi Peraturan Daerah DIY No. 1 Tahun 2014 di Bantul, Yogyakarta Bustanul Arifien Rusydi
IN RIGHT: Jurnal Agama dan Hak Azazi Manusia Vol 12, No 1 (2023)
Publisher : UIN Sunan Kalijaga Yogyakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.14421/inright.v12i1.2979

Abstract

Street begging or panhandler is a social issue that has long existed in Indonesia. The local government has paid attention to handling this social issue in the form of local legal policies (Perda). Even so, this social issue has always been an issue that is difficult for local governments to handle, including enforcement of regulations which often experience deadlock. Why does this impasse happen? This study aims to discuss the prohibition of 'begging' in the Yogyakarta area from a juridical perspective. The data in this study were collected by examining the regulations of 'begging' and supplemented by interviews with the Pol PP Unit (local officer) as the executor of law enforcement of local regulations. This research finds that the norm of 'begging' in the Yogyakarta regulation has an imbalance in legal substance where in the regional regulation 'begging' is defined completely, while the 'giver' is not. In addition to this normative imbalance, the law enforcement of this DIY regional regulation must depend on limited personnel and a sense of 'compassion' in society. This has more or less affected law enforcement for panhandler, especially for the givers, who is giving according to good faith
Resolution without Enforcement: A Critical Study of Case Closure and Substantive Justice in Indonesian Court Mediation Bustanul Arifien Rusydi; Ahmad Khairun Hamrany; Tata Wijayanta; Deslaely Putranti
Justicia Islamica Vol 23 No 2 (2026): IN PRESS
Publisher : Faculty of Sharia UIN Kiai Ageng Muhammad Besari Ponorogo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21154/justicia.v23i2.13286

Abstract

This study analyses the quality standards of mediated outcomes and the safeguarding mechanisms associated with withdrawal and consent judgments under Supreme Court Regulation (Perma) No. 1 of 2016, through the lens of ṣulḥ, to offer a substantively just model of mediation. Methodologically, the research adopts a normative-conceptual approach, applying dispute system design doctrine to Indonesia’s mediation regulation. Qualitative analysis is conducted on ten sample court decisions representing post-mediation dispositions. The findings indicate that Perma No. 1 of 2016 frames mediation “success” in terms that prioritize case closure over the locking-in of enforceable commitments, thereby weakening protection for claimants in high-stakes disputes. A ṣulḥ-based procedural design is argued to support mediated settlements that are more binding, executory, and capable of deterring dispute recurrence. This study recommends that Perma No. 1 of 2016 be supplemented with a substantive initial classification mechanism requiring mediators to identify the type of dispute and its economic value, and to steer mediation toward an executory consent judgment.