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All Journal LEGITIMASI: Jurnal Hukum Pidana dan Politik Hukum Welfare State Jurnal Hukum Al-Ahkam: Jurnal Ilmu Syari'ah dan Hukum
Abdul Fattaah
UIN Raden Mas Said Surakarta
Religion Humanities Law, Crime, Criminology & Criminal Justice Social Sciences

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Implementation of Restorative Justice in Surakarta District Court Abdul Fattaah; Sutrisno Sutrisno; Jaka Susila
Legitimasi: Jurnal Hukum Pidana dan Politik Hukum Vol 13, No 1 (2024)
Publisher : Islamic Criminal Law Department, Faculty of Sharia and Law, UIN Ar-Raniry

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22373/legitimasi.v13i1.23451

Abstract

The postponement of the Decree of the Director General of Badilum Number 1691/DJU/SK/PS.00/12/2020 concerning Guidelines for the Implementation of Restorative Justice in the General Court Environment by Letter Number 1209/DJU/PS.00/11/2021 until the Supreme Court regulations regarding guidelines for justice come into force Restorative raises problems, namely what the Surakarta District Court's policy is regarding the implementation of justice. This field research type uses interview and documentation data collection methods and data analysis techniques using the interactive model from Miles and Huberman. The research results show that in their authority to examine and adjudicate cases, judges must pay attention to contextual matters in resolving cases using a restorative justice approach, which resolves criminal cases by involving perpetrators, victims, and other parties who work together to find a satisfactory solution. fair by emphasizing restoration to the original state, not retaliation. Resolving cases using restorative justice, lack of support and cooperation between institutions, and the justice system not regulating much about victims' rights.
Mediasi dalam Perspektif Teori Penegakan Hukum Goldstein Fattaah, Abdul
WELFARE STATE Jurnal Hukum Vol. 2 No. 1 (2023): April
Publisher : Prodi Ilmu Hukum Fakultas Hukum Universitas Islam Jember

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56013/welfarestate.v2i1.2061

Abstract

Law enforcement is basically divided into two types, litigation and non-litigation. Law enforcement by means of litigation is defined as law enforcement within the court mechanism, while for non-litigation it is considered as law enforcement outside the court. Currently, there is a shift in perspective from the public who are starting to resolve their legal issues in a non-litigation way, namely mediation. Goldstein's Law Enforcement Theory offers three types of law enforcement. The question then is what is meant by Goldstein's Law Enforcement Theory and mediation seen from the perspective of Goldstein's Law Enforcement Theory. This paper is of a juridical-normative type which uses a literature approach in its preparation. The conclusion is that Goldstein's Law Enforcement Theory divides law enforcement into three types:Total enforcement; Full enforcement; Actual enforcement. Furthermore, mediation will not eliminate the essence of law enforcement, it's just that in mediation, it must be limited what actions can be resolved by mediation in order to maintain public order
Implementing Restorative Justice in Criminal Case Resolution: A Socio-Legal Research Dona, Fery; Ariyani, Evi; Junaidi, Junaidi; Zahriani, Luthfiana; Fattaah, Abdul
Al-Ahkam: Jurnal Ilmu Syari’ah dan Hukum Vol. 10 No. 1 (2025): Al-Ahkam: Jurnal Ilmu Syari'ah dan Hukum
Publisher : Fakultas Syariah, Universitas Islam Negeri Raden Mas Said Surakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22515/alahkam.v10i1.10263

Abstract

This socio-legal research investigates the accountability of criminal offenders and explores the implementation of restorative justice as an alternative framework for resolving criminal cases. Restorative justice, an emerging paradigm in the legal domain, prioritizes reconciliation and resolution over traditional punitive approaches. Law enforcement agencies, particularly the police and prosecutors, are pivotal to its application. This study aims to evaluate the practice of restorative justice in criminal case resolutions at the Sukoharjo Police Department and the Sukoharjo Prosecutor's Office. Adopting an empirical legal research methodology, data collection involved primary and secondary sources through interviews and document analysis. The qualitative data were analyzed using an interactive model to identify patterns and derive insights. The findings reveal that both the Sukoharjo Police and the Prosecutor's Office have incorporated restorative justice within their legal frameworks, albeit with notable differences in legal foundations and procedural approaches. The Sukoharjo Police exhibited a higher frequency of employing restorative justice compared to the Prosecutor's Office, indicating variability in institutional adoption and execution. These findings illuminate the diverse practices and challenges associated with integrating restorative justice into Indonesia's legal system. The study underscores the approach’s potential to enhance justice administration while identifying critical areas for institutional improvement and policy refinement.
Co-Authors Ariyani, Evi Fery Dona Jaka Susila Junaidi Junaidi Luthfiana Zahriani Sutrisno Sutrisno