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All Journal Al-Ahkam Jurnal Media Hukum Jambura Law Review
Onielda, Muhammad Daffa Auliarizky
Unknown Affiliation
Religion Law, Crime, Criminology & Criminal Justice

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Shifting Polri's Law Enforcement Strategy: Restorative Justice for Public Trust Firdaus, Muhammad; Dwilaksana, Chryshnanda; Onielda, Muhammad Daffa Auliarizky
Jurnal Media Hukum Vol 30, No 2: December 2023
Publisher : Fakultas Hukum Universitas Muhammadiyah Yogyakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.18196/jmh.v30i2.18628

Abstract

Restorative justice has gained importance within the Indonesian National Police as a means of law enforcement and security services in the era of globalization and modernization. This approach offers a humane alternative that focuses on the recovery of victims and offenders, aiming to prevent crime and resolve conflicts. The police have transitioned from a purely punitive approach to embracing restorative justice principles. Community policing is crucial for reducing crime rates and fostering public trust. The challenge lies in shifting the law enforcement paradigm towards restorative justice and implementing community policing to build public trust. The research methodology involves normative legal research with an empirical approach, employing a descriptive-analytical nature. Secondary and primary data are used for analysis. Qualitative analysis and deductive conclusions are drawn. Findings indicate that the integration of restorative justice within community policing is an effective solution to improve the relationship between the community and the police. It is recommended that the police introduce the restorative justice approach in their community policing programs, thereby shifting the law enforcement paradigm and fostering public trust. This research emphasizes the significance of restorative justice in the context of community policing and its potential impact on law enforcement practices and public perception of the police
Mushārakah Mutanāqiṣah (Diminishing Partnership) Regulation for Housing Finance in Indonesian and Malaysian Law Asyiqin, Istianah Zainal; Akbar, M. Fabian; Onielda, Muhammad Daffa Auliarizky; Farid, Adriana Maisarah binti Mohd
Al-Ahkam Vol 34, No 1 (2024): April
Publisher : Faculty of Sharia and Law, Universitas Islam Negeri (UIN) Walisongo Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21580/ahkam.2024.34.1.20133

Abstract

The housing business continues to grow along with the increasing need for the fulfillment of housing. This research delves into the application of mushārakah mutanāqiṣah in housing finance within Indonesia and Malaysia, scrutinizing their regulations and relevant governing institutions. Employing a normative legal approach, it explores legal principles, systematics, synchronization, and historical context about this financing method. Employing inductive, deductive, and comparative methods, it analyzes regulations and practices in both countries. By offering insights into the potential and challenges of implementing mushārakah mutanāqiṣah in housing finance, the study aims to provide recommendations for regulatory enhancements, fatwa institutions, product development, and adherence to sharī’ah principles. This research is crucial for deepening understanding and facilitating improvements in various sectors related to housing finance within the context of Islamic finance in Indonesia and Malaysia.
The Principle of Self-Submission in Sharia Economic Dispute Resolution: A Critical Examination through Friedman’s Legal System Theory Asyiqin, Istianah Zainal; Akbar, M. Fabian; Onielda, Muhammad Daffa Auliarizky
Jambura Law Review VOLUME 7 NO. 2 JULY 2025
Publisher : Universitas Negeri Gorontalo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33756/jlr.v7i2.27075

Abstract

The principle of self-submission refers to the voluntary acceptance of a specific legal framework, particularly within Sharia economic dispute resolution. Law No. 3 of 2006 expanded the jurisdiction of Indonesia’s Religious Courts to adjudicate Sharia economic disputes, allowing non-Muslim litigants to participate under the condition of self-submission. While this legal provision promotes inclusivity, its practical application remains underexplored, particularly concerning its consistency with fundamental legal principles and its effectiveness in ensuring legal certainty. This study addresses this gap by critically examining the normative foundations and implementation of self-submission in Sharia economic dispute resolution through the lens of Lawrence M. Friedman’s legal system theory, which evaluates legal substance, legal structure, and legal culture. Employing a normative juridical approach, this research analyses statutory regulations, legal precedents, and court decisions to assess self-submission's coherence, adaptability, and limitations in Sharia economic adjudication. The findings indicate that while the principle of self-submission is structurally embedded within the legal system, its enforcement faces challenges in judicial interpretation, procedural inconsistencies, and the extent of its applicability to non-Muslim litigants. Furthermore, the study identifies gaps in legal certainty and harmonization with broader national and international legal frameworks. As a contribution to the discourse on Sharia economic law, this research proposes normative refinements and procedural enhancements to improve the clarity and effectiveness of self-submission, thereby strengthening Indonesia’s Sharia economic dispute resolution mechanism. These findings have broader implications for legal pluralism and the evolution of Sharia economic law in multi-religious societies.
Mushārakah Mutanāqiṣah (Diminishing Partnership) Regulation for Housing Finance in Indonesian and Malaysian Law Asyiqin, Istianah Zainal; Akbar, M. Fabian; Onielda, Muhammad Daffa Auliarizky; Farid, Adriana Maisarah binti Mohd
Al-Ahkam Vol. 34 No. 1 (2024): April
Publisher : Faculty of Sharia and Law, Universitas Islam Negeri (UIN) Walisongo Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21580/ahkam.2024.34.1.20133

Abstract

The housing business continues to grow along with the increasing need for the fulfillment of housing. This research delves into the application of mushārakah mutanāqiṣah in housing finance within Indonesia and Malaysia, scrutinizing their regulations and relevant governing institutions. Employing a normative legal approach, it explores legal principles, systematics, synchronization, and historical context about this financing method. Employing inductive, deductive, and comparative methods, it analyzes regulations and practices in both countries. By offering insights into the potential and challenges of implementing mushārakah mutanāqiṣah in housing finance, the study aims to provide recommendations for regulatory enhancements, fatwa institutions, product development, and adherence to sharī’ah principles. This research is crucial for deepening understanding and facilitating improvements in various sectors related to housing finance within the context of Islamic finance in Indonesia and Malaysia.
Co-Authors Akbar, M. Fabian Asyiqin, Istianah Zainal Dwilaksana, Chryshnanda Farid, Adriana Maisarah binti Mohd Muhammad Firdaus