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All Journal LEGITIMASI: Jurnal Hukum Pidana dan Politik Hukum USRAH: Jurnal Hukum Keluarga Islam Welfare State Jurnal Hukum
Abdul Fattaah
UIN Raden Mas Said Surakarta
Religion Law, Crime, Criminology & Criminal Justice

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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
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 : Faculty of Sharia and Law, Universitas Islam Negeri Ar-Raniry Banda Aceh

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 EXISTENCE OF THE TRADITION OF THE PROHIBITION OF NGIDUL-NGETAN MARRIAGE: AN ANALYSIS OF LIVING LAW AND ʿURF IN ISLAMIC LAW Pebry Rahmawati; Abdul Fattaah
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.
Co-Authors Jaka Susila Pebry Rahmawati Sutrisno Sutrisno Sutrisno, Sutrisno