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p-Index From 2021 - 2026
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All Journal Journal of Law Science International Journal of Law and Society Siber International Journal of Advanced Law
Solikhah
Universitas Sebelas Maret, Indonesia
Humanities Education Environmental Science Law, Crime, Criminology & Criminal Justice Social Sciences

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Penalty patterns regarding the application of restorative justice in the resolution of embezzer cases in off Seno Gumbira; Muhammad Karim; Irsanti Asih; Solikhah; Liana Susanti
Journal of Law Science Vol. 6 No. 2 (2024): April : Law Science
Publisher : Institute Of computer Science (IOCS)

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Abstract

The pattern of punishment is the basis of the question of why someone is convicted or not convicted for the criminal law maker. Restorative justice is a legal product that prioritises the recovery of victims, perpetrators, and related communities in minor criminal cases as stated in the Regulation of the Chief of the Indonesian National Police Number 8 of 2021. However, the Criminal Investigation Unit of the Bangka Resort Police was able to resolve a case of embezzlement in office that allegedly violated Article 374 of the Criminal Code by using a restorative justice approach. This study aims to determine the investigator's consideration in applying restorative justice in embezzlement cases in Bangka Police Criminal Investigation Unit and the pattern of punishment. The research method used is juridical- empirical with a statutory approach and a case approach. The consideration of investigators in applying restorative justice in cases of embezzlement in office at Satreskrim Polres Bangka is the revocation of the report from the reporting party with an amicable agreement and the reported party is willing to compensate for the losses caused by his actions and the reported party is not a recidivist. The pattern of punishment for the application of restorative justice in the settlement of embezzlement cases in this position is based on the aim of restoring the parties by considering the awareness, responsibility, and peaceful agreement of the parties which is more beneficial than the punishment that should be received and getting their rights and obligations fairly
An Islamic Legal Analysis of the Determination of the Mandatory Inheritance Share for a Common-Law Wife When the Deceased Has a Legitimate Wife (A Study of the Muara Bulian Religious Court Decision Number 183/Pdt.G/2023/PA.Mbl) Habibi Abdul Jalil; Mohammad Jamin; Solikhah
Siber International Journal of Advanced Law (SIJAL) Vol. 3 No. 4 (2026): Siber International Journal of Advanced Law (April - June 2026)
Publisher : Siber Nusantara Review & Yayasan Sinergi Inovasi Bersama (SIBER)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.38035/sijal.v3i4.365

Abstract

This study analyzes the validity of mandatory wills for unregistered wives based on Decision Number 183/Pdt.G/2023/PA.Mbl. The background of this study is the existence of inheritance conflicts due to the practice of unregistered marriages that are not registered with the state, which creates uncertainty about inheritance rights for the parties concerned. This study aims to determine the validity of the legal status of mandatory wills for unregistered wives according to Islamic law and Indonesian legislation. This study uses normative legal methods with a statutory and conceptual approach. The results of the study concluded that under positive law and Supreme Court Circular Letter Number 2 of 2019, unregistered wives do not have inheritance rights because their marriages are not registered. However, the judge made a legal breakthrough by granting mandatory wills (a maximum of one-third of the assets) to unregistered wives for the sake of justice for their services in caring for the heir. The implication is that although mandatory wills provide protection for unregistered wives, this policy has the potential to cause economic injustice for legal wives and weaken the legal order of marriage registration and the prevention of unregistered polygamy.
Integration of Zakat in BPJS Kesehatan Financing for People Experiencing Poverty: Opportunities and Challenges Nur Sulistiyaningsih; Luthfiyah Trini Hastuti; Solikhah; Burhanudin Harahap; Zeni Luthfiah; Abdusyahid Naufal Fathullah; Ramadhita
International Journal of Law and Society Vol 5 No 1 (2026): International Journal of Law and Society (IJLS)
Publisher : NAJAHA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59683/ijls.v5i1.174

Abstract

This study examines the potential integration of zakat as an Islamic social finance instrument to support the financing of the Health Care and Social Security Agency (Badan Penyelenggara Jaminan Sosial Kesehatan/BPJS Kesehatan) for poor communities in Indonesia. It aims to analyse the normative legal framework governing this integration and to identify the opportunities and challenges associated with incorporating zakat into the national health insurance system. The research employs a normative legal approach, drawing on statutory and conceptual analyses. Primary legal materials consist of laws and regulations related to zakat and social security. This study draws secondary data from reports published by the National Zakat Collection Agency (Badan Amil Zakat Nasional/BAZNAS), the Health Care and Social Security Agency (BPJS Kesehatan), and the Central Statistics Agency (Badan Pusat Statistik/BPS). Data were collected through a literature review and analysed qualitatively and interpretively by examining relevant legal provisions, fatwas, and institutional practices concerning the use of zakat for health insurance financing. The findings indicate that zakat can serve as a complementary financing instrument to assist poor (fakir), needy (miskin), and indebted (gharimin) participants in paying BPJS Kesehatan contributions. Normatively, this integration is supported by the 1945 Constitution, the 2011 Zakat Law, the 2004 National Social Security System (Sistem Jaminan Sosial Nasional/SJSN) Law, and the 2011 BPJS Law, and is further reinforced by the Indonesian Ulama/Scholars Council (Majelis Ulama Indonesia/MUI) Fatwa No. 102 of 2025. From the perspective of maqasid al-shariah, the integration reflects the objectives of protecting life (hifz al-nafs) and protecting wealth (hifz al-mal), while also offering potential to reduce the financial burden on vulnerable communities.
Co-Authors Abdusyahid Naufal Fathullah Burhanudin Harahap Habibi Abdul Jalil Irsanti Asih Liana Susanti Luthfiyah Trini Hastuti Mohammad Jamin Muhammad Karim Nur Sulistiyaningsih Ramadhita Seno Gumbira Zeni Luthfiah