Article Per Year (5 Year)
p-Index From 2020 - 2025
0.61
P-Index
This Author published in this journals
All Journal LEGAL BRIEF Fox Justi : Jurnal Ilmu Hukum
Afnaini, Afnaini
Unknown Affiliation
Humanities Economics, Econometrics & Finance Environmental Science Law, Crime, Criminology & Criminal Justice Social Sciences

Published : 3 Documents Claim Missing Document
Claim Missing Document
Check
Articles

Found 3 Documents
Search

 1 
Implementation Of Restorative Justice In Criminal Acts Of Narcotics And Of Illegal Drug Abuse In Indonesia Hamdan, Hamdan; Afnaini, Afnaini
Fox Justi : Jurnal Ilmu Hukum Vol. 15 No. 01 (2024): Fox justi : Jurnal Ilmu Hukum, 2024
Publisher : SEAN Institute

Show Abstract | Download Original | Original Source | Check in Google Scholar

Abstract

Restorative justice is an alternative approach to law enforcement that focuses on restoring relationships between perpetrators, victims, and communities through dialogue, reconciliation, and reparation of losses. This study aims to analyze the application of restorative justice in criminal acts of narcotics and illegal drug abuse in Indonesia. The method used in this study is an empirical legal approach with qualitative descriptive analysis. The results of the study indicate that the application of restorative justice in resolving criminal acts, especially drug abuse, is very important because the retributive approach that focuses on punishment does not provide significant benefits and can even create new losses for victims and the state. Restorative justice offers a more constructive and inclusive alternative, with the aim of creating peace and restoring losses through dialogue between perpetrators and victims. In Indonesia, Law Number 35 of 2009 emphasizes the need for rehabilitation for addicts, but these efforts have not been optimal. With the application of restorative justice, perpetrators are given the opportunity to improve themselves through medical and social rehabilitation, which can also reduce overcrowding in correctional institutions. Although there are challenges such as the paradigm of law enforcement which is still retributive and public perception that doubts the effectiveness of rehabilitation, cooperation between institutions is very important to ensure that the legal and rehabilitation processes run well, so as to reduce the risk of perpetrators recidivism.
Integration of Customary Criminal Law into the National Legal System: Opportunities and Challenges Afnaini, Afnaini; Hamdan, Hamdan
Fox Justi : Jurnal Ilmu Hukum Vol. 15 No. 02 (2025): Fox justi : Jurnal Ilmu Hukum, Edition 2025
Publisher : SEAN Institute

Show Abstract | Download Original | Original Source | Check in Google Scholar

Abstract

The purpose of this study is to examine the advantages and disadvantages of incorporating customary criminal law within the national legal framework of Indonesia. The local justice principles of customary criminal law, which is rooted in indigenous communities, frequently diverge from those of the national criminal justice system, which is focused on legal positivism. The incorporation of customary criminal law has emerged as a key concern in legal reform with decentralization and the constitutional recognition of indigenous communities. The research method used is juridical-normative with analysis of laws and regulations and court decisions. According to the study's findings, Indonesia's law enforcement system might benefit greatly from customary criminal law, particularly in achieving restorative and contextual justice that aligns with the local values of indigenous people. The significance of living law in society as a supplement to national law is highlighted by the recognition of customary criminal law by Law Number 1 of 2023 respecting the Criminal Code. Although there are still issues with legal harmonization, the legality principle, and the limitations of customary institutions, this study also discovered that regional regulations governing customary criminal law can improve the legitimacy and efficacy of customary law enforcement.
Juridical Review of Sundanese Traditional Marriage and Its Recognition in National Law Afnaini, Afnaini; Hamdan, Hamdan
LEGAL BRIEF Vol. 13 No. 3 (2024): August: Law Science and Field
Publisher : IHSA Institute

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35335/legal.v13i3.1037

Abstract

Sundanese traditional marriage is a tradition rich with cultural values and local wisdom that has been carried out for generations by the Sundanese people. This research aims to review juridically the implementation of Sundanese traditional marriages and their recognition in the Indonesian national legal system. The research method used is a normative juridical method with a statutory approach and a case approach. Data was obtained through literature study and analysis of relevant legal documents. The research results show that although traditional Sundanese marriages are carried out in accordance with local traditions and cultural norms, there is an urgent need to ensure official registration of marriages at the Civil Registry Office. This registration is important to legally recognize marriage and protect children's rights, especially in terms of birth certificates and division of inheritance. Without official registration, children born from traditional Sundanese marriages can face challenges in claiming their legal rights, including inheritance rights and administrative protection. Integration between customary law and national law is necessary to ensure that all aspects of marriage are legally recognized and protected, avoiding potential discrimination and conflict in the future
Co-Authors Hamdan Hamdan