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All Journal Perwakilan: Journal of Good Governance, Diplomacy, Customary Institutionalization and Social Networks Journal of Islamic Law and Wisdom
M. Khairul Arwani
Universitas Islam Negeri Sunan Kalijaga Yogyakarta
Humanities Decision Sciences, Operations Research & Management Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Social Sciences

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Penerapan Restorative Justice dalam Penanganan Anak sebagai Pelaku Tindak Pidana dalam Perspektif Hukum Islam Miftahhurahmah Miftahhurahmah; Miswardi Miswardi; M. Khairul Arwani; Zulheldi Zulheldi
Journal of Islamic Law and Wisdom Vol. 1 No. 1 (2025): June 2025
Publisher : Program Studi Magister Hukum Islam - UIN Bukittinggi

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Abstract

Handling of children as perpetrators of criminal acts cannot be equated with adults. This study aims to examine the application of restorative justice in handling children as perpetrators of criminal acts and the perspective of national criminal law and Islamic criminal law. The type of research conducted is library research with data sourced from primary, secondary and tertiary data sources. The collected data is then analyzed using qualitative data analysis methods. This study concludes that the application of restorative justice in resolving criminal acts whose perpetrators are in the criminal law system in Indonesia is relatively new since the birth of the Child SPPA Law which regulates the diversion mechanism in it. According to this regulation, children who commit crimes with a threat of less than 7 (seven) years must be resolved using a diversion mechanism. The restorative justice approach is indeed not known in Islamic criminal law, but its principles are identical to the practice of diyat and peace (ishlah) in Islamic criminal law.
Menelusuri Hadhanah: Pemeriksaan Mendalam atas Kasus Hak Asuh Anak di Pengadilan Agama M. Khairul Arwani; Doni Dermawan; Sarah Afifah
Perwakilan Vol. 1 (2023)
Publisher : IDRIS Darulfunun Institute

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58764/j.prwkl.2023.1.53

Abstract

This paper reviews the practice of in-depth examination of child custody cases in the Religious Courts, focusing on the concept of Hadhanah. Hadhanah is an important principle in determining child custody decisions, where the best interests of the child take centre stage. The study identifies the examination process, including the involvement of the child in decision-making, as well as the role of experts and Witnesses in providing a detailed picture. Hadhanah inquiries highlight the complexity of resolving child custody struggles in the context of Islamic law. This research aims to find out what factors make Judges conduct on-site examinations related to child dispute cases. The method used is field research with a qualitative approach. Data was obtained using empirical approach and documentation. This research is expected to provide an in-depth understanding of the hadhanah deskente, and can serve as a guideline for educators, researchers, and stakeholders. The conclusion emphasises the importance of a holistic and sensitive approach to children's needs in the religious justice system.
Co-Authors Doni Dermawan Miftahhurahmah Miftahhurahmah Miswardi Miswardi Sarah Afifah Zulheldi Zulheldi