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Penghentian Penyidikan Kasus Kecelakaan Lalu Lintas di Polres Boyolali Elsa Ananda Putri; Suciyani
Jurnal Al-Hakim: Jurnal Ilmiah Mahasiswa, Studi Syariah, Hukum dan Filantropi Vol. 4, No. 2 November 2022
Publisher : Fakultas Syariah, Universitas Islam Negeri Raden Mas Said Surakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22515/jurnalalhakim.v4i2.5865

Abstract

Traffic accidents are caused by human error and negligence.  Traffic accidents that can harm property or the lives of others caused by human factors, vehicles, roads and the environment as well as weather factors.  Traffic accidents that result in the death of the victim must be subject to legal proceedings according to applicable law starting from an investigation by the police, prosecution by the prosecutor's office and the court by the court to obtain a decision, but in practice investigators can stop the legal process.  This research is classified as a qualitative research, namely by processing primary data obtained by the parties concerned with cases of traffic accidents that cause the loss of other people's lives, as well as data that are considered important which are generated by direct interviews at the research location.  The conclusion in this study is that the process of stopping the investigation carried out by the police at the Boyolali Police can reflect a sense of justice between the suspect's family and the victim's family which was carried out with family deliberation so that they were given the opportunity to express their opinions and desire to find good solutions to the problems faced by both parties.  party.  Islam places peace/islah as an alternative in resolving criminal cases, as long as the case has not yet reached the hands of the judge.  This principle can be realized by resolving criminal cases with peace at the level of investigation.
Deviation Practices in Sirri Marriage in Indonesia: A Case Study of Pakuon Village, Sukaresmi Subdistrict, Cianjur Regency, West Java Jamilah, Mila; Suciyani
Al-Risalah VOLUME 26 NO 1, MAY (2026) (IN PRESS
Publisher : Universitas Islam Negeri Alauddin Makassar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24252/al-risalah.vi.62260

Abstract

The practice of Sirrī marriage in Pakuon Village, Sukaresmi District, Cianjur Regency, West Java, has deviated from the norm because there are couples who have entered into Sirrī marriages between different religions and same-sex couples. The practice of Sirrī marriage has become cultural and is tolerated by religious and state leaders. The deviant practice of Sirrī marriage also highlights the motives, patterns, and impacts on legal certainty and social life. This study aims to create a society that is capable of implementing religious law and does not violate state law. This study uses Anthony Giddens' structuration theory and employs a qualitative field method with descriptive analysis. The results of this study show that Sirrī marriage makes it easier for couples to enter into interfaith and same-sex marriages in Pakuon Village, Sukaresmi District, Cianjur Regency, West Java. Sirrī marriage has become a reason for people to gain access to free education, single status according to the state, to facilitate polygamy, and several other socio-economic factors. This practice causes deviations such as interfaith and same-sex Sirrī marriages. Religious institutions such as the Ministry of Religious Affairs and the Indonesian Ulema Council (MUI) have not sufficiently supervised the implementation of Islamic marriage laws. The absence of the state in such practices is due to the lack of reports from the community and the absence of socio-economic losses. The novelty value can be seen from the irregularities that occur, such as state registration, the involvement of customary norms and family strategies in concealing marriages for socio-economic interests. Theoretically, this research enriches socio-legal studies on the negotiation between state law, religion and local culture.