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All Journal Qisthosia COMPENDIUM OF JUDGE MADE LAW
Razak, Azkari
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Religion Humanities Environmental Science Law, Crime, Criminology & Criminal Justice Social Sciences

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Penerapan Keadilan Restoratif dalam Penegakan Hukum Pidana: Studi Kasus di Kepulauan Selayar Asruddin; Rahman, Sufirman; Razak, Azkari
QISTHOSIA : Jurnal Syariah dan Hukum Vol. 5 No. 1 (2024)
Publisher : Sekolah Tinggi Agama Islam Negeri Majene

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.46870/jhki.v5i1.961

Abstract

The purpose of this study was to: (1) assess the need for restorative justice to be applied as soon as possible in criminal law enforcement; and (2) assess how restorative justice is regulated when it comes to its use as a substitute for case resolution. This study employs a descriptive qualitative methodology and an empirical law-based research strategy. Data analysis is done using the findings from informant interviews. The findings demonstrated that: (1) Essentially, the Selayar District Attorney's Office's use of restorative justice in the law enforcement process during the settlement of criminal cases can bring justice to the litigants—that is, the criminals, the victims, and any interested parties. Proportionality justice, which offers a balance of interest recovery between the criminal and the victim, is the context of justice within the framework of the restorative justice approach. The victim receives compensation for the losses he sustained as a result of the acts of the offender, and the offender is returned to his pre-crime rights and no longer considered a former offender. Within the jurisdiction of the Selayar Islands District Attorney's Office, a number of factors, including legal substance, legal structure, legal culture, and facilities and infrastructure, have a significant impact on the restorative justice.
Review Legal To Comments on Social Media Containing Element Harassment and Assault Psychics in Maros City Adriansyah, Andi Muhammad; Razak, Azkari; Ilham, M. Azham
COMPENDIUM OF JUDGE MADE LAW Vol. 1 No. 1 (2025): Compendium of Judge Made Law
Publisher : Faculty of Law, Universitas Muslim Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56087/32mwt724

Abstract

This research aims to find out and analyze the qualifications for commenting on social media which contain elements of harassment and psychological attacks in criminal acts, knowing and analyzing the judge's legal considerations in deciding case No.14/Pid.Sus/2023/Pn. Mrs. This research was conducted in Makassar City. The research location is the Library of the Faculty of Law, Indonesian Muslim University. This writing was carried out by conducting a literature study in which the author studied by prioritizing the theories that are currently being applied while at the same time obtaining documents or data related to the problem in the author's writing which was then processed and presented descriptively by the author. The results of this research show that in qualifying comments In social media that contains elements of harassment, it is classified as an attack on honor or good name. Based on the Decision of the Panel of Judges No.14/Pid.Sus/2023/Pn.Mrs, the defendant has been proven to have committed the crime of Defamation. After the author examines the decision, the author is of the view and/or opinion that the decision of the panel of judges is appropriate and in accordance with the law because in fact, the elements of the article in which the defendant is accused meet the elements that the author has described.
Co-Authors Adriansyah, Andi Muhammad Asruddin Ilham, M. Azham Rahman, Sufirman