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All Journal LEGITIMASI: Jurnal Hukum Pidana dan Politik Hukum Asy-Syariah USRAH: Jurnal Hukum Keluarga Islam Jurnal Al-Hakim : Jurnal Ilmiah Mahasiswa Studi Syariah, Hukum dan Filantropi 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.
Implementation of Restorative Justice in Surakarta District Court Fattaah, Abdul; Sutrisno, Sutrisno; Susila, Jaka
Legitimasi: Jurnal Hukum Pidana dan Politik Hukum Vol. 13 No. 1 (2024)
Publisher : Islamic Criminal Law Department, Faculty of Sharia and Law, Universitas Islam Negeri 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.
The Epistemology of Ijtihad Irsyadi in Fatwas: A Deconstruction of Takhrij Mażhabi through Case Studies of the Lirboyo Fatwa Council Ibtihajuddin, Muhammad; Fattaah, Abdul; Nurcholis, Moch.; Muhammad, Zakka Asvi Auful Shohi
Jurnal Al-Hakim: Jurnal Ilmiah Mahasiswa, Studi Syariah, Hukum dan Filantropi Vol. 7 No. 2 November 2025
Publisher : Fakultas Syariah, Universitas Islam Negeri Raden Mas Said Surakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22515/jurnalalhakim.v7i02.12412

Abstract

The rigidity of the takhrīj mażhabi methodology in pesantren fatwa traditions necessitates a new epistemological approach that is more responsive to contemporary realities. This study aims to explore ijtihād irsyādi as a methodological alternative that maintains continuity with classical tradition while enabling contextual creativity grounded in maqāṣid al-sharī’ah. Employing a qualitative-descriptive-analytical-exploratory approach and a case study method focused on the fatwas of the Lajnah Bahtsul Masail (LBM) Lirboyo from 2019 to 2024, the analysis reveals significant epistemological transformation in istinbath structures. Key findings demonstrate that ijtihād irsyadī prioritizes maslahat (public interest), referential flexibility, and social interpretation as legal foundations, replacing the deductive-formalistic patterns of madhhab-based takhrīj. This approach reinterprets classical authority through maqāṣid frameworks without negating its legitimacy, as evidenced in the 2023 BPJS Healthcare fatwa that teleologically reconstructs social insurance concepts via taḥrīr al-mafhūm (conceptual liberation), tanqīḥ al-manāṭ (ratio legis purification), and ta'līl maqāṣidī (teleological justification). The novelty lies in articulating an adaptive, integrative fatwa epistemology that proactively engages temporal dynamics, offering a reformative paradigm for Indonesian pesantren fatwa methodologies and a substantive contribution to renewing contemporary Islamic legal thought.
THE EXISTENCE OF THE TRADITION OF THE PROHIBITION OF NGIDUL-NGETAN MARRIAGE: AN ANALYSIS OF LIVING LAW AND ʿURF IN ISLAMIC LAW Fattaah, Abdul; Rahmawati, Pebry
USRAH: Jurnal Hukum Keluarga Islam Vol. 7 No. 1 (2026): Januari
Publisher : LPPM STAI Muhammadiyah Probolinggo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.46773/jhc5qt71

Abstract

This study aims to analyze the acceptance, response, and practice of the Ngidul Ngetan marriage prohibition in Bangunrejo Village and examine its position from the perspectives of Eugen Ehrlich's Living Law theory and the Islamic legal concept of ʿUrf. The Ngidul Ngetan tradition prohibits marriage between residents of Bangunrejo and Sekaralas villages based on the belief that the south-east directional alignment resembles a sickle shape, symbolizing misfortune. This research employs a qualitative approach with a juridical-empirical design. Data were collected through in-depth interviews with four categories of informants: customary leaders, religious figures, marriageable-age residents, and couples who violated the tradition. Data were analyzed using descriptive-analytical methods through data reduction, categorization, theoretical interpretation, and source triangulation. The findings reveal that the normative strength of the Ngidul Ngetan tradition has significantly weakened, shifting from a sacred norm to a symbolic social norm maintained through respect for ancestors and social harmony rather than fear of supernatural consequences. From the Living Law perspective, this tradition represents living law as it operates without formal enforcement and adapts dynamically. From the ʿUrf perspective, this tradition is categorized as ʿurf ṣaḥīḥ (valid custom) as it does not contradict Islamic principles and promotes social welfare. This research contributes to understanding the harmonious synergy between customary law and Islamic law in shaping legal consciousness in Indonesian society.
Inconsistency of judicial verdicts in standardizing the threshold of noodweer exces: A review of criminal law and Islamic law Irfani, Arsyaddefa Muhammad Fitra; Fattaah, Abdul
Asy-Syari’ah : Jurnal Hukum Islam Vol. 12 No. 1 (2026): Asy-Syari'ah: Jurnal Hukum Islam, January 2026
Publisher : LP3M Universitas Islam Zainul Hasan Genggong

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55210/assyariah.v12i1.2327

Abstract

This study aims to examine the threshold between self-defense (noodweer) and excessive self-defense (noodweer exces) and its application in Indonesian judicial practice. Using a normative juridical approach through the analysis of selected court decisions, this research compares the regulation of noodweer exces under Indonesian Criminal Law, particularly Article 49 of the Criminal Code (KUHP), and Islamic Criminal Law through the doctrine of daf’u as-shā’il. In Indonesian Criminal Law, noodweer exces eliminates criminal liability when excessive defensive actions are directly caused by severe emotional disturbance (hevige gemoedsbeweging). In contrast, Islamic Criminal Law maintains moral and legal accountability once the limits of proportionality are exceeded, despite the presence of emotional pressure. The findings reveal significant inconsistencies in judicial decisions, particularly in judges’ assessments of proportionality and severe emotional disturbance, resulting in divergent legal outcomes in comparable self-defense cases. This study concludes that such inconsistencies do not stem from the absence of legal norms, but from the lack of objective and uniform standards in determining the threshold of excessive self-defense. Accordingly, this research offers a comparative normative framework to support more consistent and objective judicial reasoning in future self-defense cases.
Co-Authors Evi Ariyani Fery Dona Ibtihajuddin, Muhammad Irfani, Arsyaddefa Muhammad Fitra Jaka Susila Jaka Susila Junaidi Junaidi Luthfiana Zahriani Moch. Nurcholis Muhammad, Zakka Asvi Auful Shohi Rahmawati, Pebry Sutrisno Sutrisno Sutrisno, Sutrisno