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Resolving inheritance disputes due to Munasakhah through the concept of Tabayyun and Ta’awun Azzahra Atu Prabangso; Faradila Dwi Ayu Saskhia; Gusti Yosi Andri; Ismayana Ismayana; Rika Lailatus Solihah
Interdisciplinary Social Studies Vol. 3 No. 4 (2024): Regular Issue: July-September 2024
Publisher : International Journal Labs

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55324/iss.v3i4.709

The delay in the distribution of inheritance from the perspective of Islamic law is one of the crucial issues because it can trigger various conflicts among heirs. The purpose of this study is to apply the concepts of Tabayyun and Ta'awun as a dispute resolution mechanism in the inheritance distribution that has been postponed for a long time in a non-litigation manner and is based on maqasid as-sharia. This research is important to provide understanding and knowledge about the delay in implementation of inheritance distribution which can trigger disputes and divide relationships in the family. The qualitative analysis method was used to obtain a more comprehensive understanding related to the resolution of inheritance disputes that occur due to the delay of the distribution or munasakhat. The results show that lack of understanding of fiqh of Islamic inheritance is a key factor causing disputes among families. The lack of clarity in the identification of the right heir is also a major factor triggering disputes among the families. In addition, the lack of knowledge of the udzur shari'i recognized in Islam can also cause conflicts among family members. The aim of this paper is to use the concept of Tabayyun and Ta’awun to resolve inheritance disputes. The study also discusses the role of religious leaders, such as ustadz or kyai, in maximizing the mediation stage at the court level in order to realize the principle of simple, fast, and low-cost justice as stipulated in the Judicial Power Law, potentially offering strategies to enhance the efficiency and cost-effectiveness of legal processes in inheritance dispute resolution.

Juridical Analysis of the Criminal Act of Sexual Violence of Children from the Perspective of Criminal Law in Indonesia Ismayana Ismayana
MUWAZAH : jurnal kajian gender Vol 17 No 2 (2025)
Publisher : Universitas Islam Negeri K.H. Abdurrahman Wahid Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.28918/muwazah.v17i2.10252

This study focuses on analyzing the enforcement of criminal law in cases of sexual intercourse with children in Indonesia, with particular attention to the balance between legal certainty and victim-oriented justice. The research aims to examine the extent to which criminal justice practices have accommodated the interests of child victims, to identify the limitations of a retributive approach, and to propose an alternative conceptual framework based on the theory of Dignified Justice.This research employs a normative legal research method using statutory, conceptual, and theoretical approaches, complemented by secondary empirical analysis of Decision of the Kuningan District Court Number 5/PID.SUS/2024/PN.KNG. Data were collected through a literature review of primary, secondary, and tertiary legal materials, including legislation, court decisions, reputable international journals, and relevant academic literature. Data validity was ensured through source triangulation and theoretical triangulation to maintain consistency, reliability, and analytical accuracy. The findings indicate that sentencing in this case reflects normative firmness and proportionality in accordance with positive law. However, the criminal justice process remains dominated by an offender-oriented approach and has not explicitly incorporated victim recovery mechanisms, such as restitution and psychological rehabilitation. As a result, the justice delivered tends to be merely symbolic from the victim’s perspective. This study also identifies that sexual crimes against children are influenced by a combination of internal offender-related factors and structural external factors. From the perspective of Dignified Justice, this research emphasizes the urgency of reformulating child criminal law to integrate offender punishment, victim recovery, and structural prevention as unified objectives of criminal justice.

Juridical Analysis of the Absence of Compensation Standards as the Cause of Diversion Failure Alya Dwi Putri; Ismayana Ismayana
Interdisciplinary Social Studies Vol. 5 No. 3 (2026): Interdisciplinary Social Studies
Publisher : International Journal Labs

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55324/iss.v5i4.1121

This study examines the juridical implications of the absence of compensation standards in the implementation of diversion within the juvenile criminal justice system in Indonesia. Diversion, as a manifestation of restorative justice, is intended to resolve child criminal cases outside formal judicial proceedings while ensuring victim recovery and child protection. However, the lack of clear and operational compensation standards has created legal uncertainty and contributed to the failure of diversion agreements. This research aims to analyze the impact of the absence of compensation standards on the effectiveness of diversion and to formulate an ideal compensation model based on restorative justice principles. The study applies a normative juridical research method using statutory, conceptual, comparative, and case approaches. Legal materials were obtained from laws and regulations, scientific journals, legal doctrines, and relevant international restorative justice practices. The findings indicate that the absence of compensation standards causes subjective negotiations, imbalance between parties, and inconsistency in determining compensation, which ultimately increases the likelihood of diversion failure and continuation of cases to formal courts. Furthermore, the study reveals that effective compensation standards should be victim-oriented, proportional, participatory, and supported by clear implementation mechanisms. In conclusion, the establishment of structured and operational compensation standards is essential to strengthen legal certainty, improve victim protection, and enhance the effectiveness of restorative justice in Indonesia’s juvenile criminal justice system.

Protection of TPKS Victims Through the Compensation Mechanism and Victim Assistance Funds in Government Regulation No. 29 of 2025 Putri Ayu Lennas; Ismayana Ismayana; Siska Karina
Interdisciplinary Social Studies Vol. 5 No. 3 (2026): Interdisciplinary Social Studies
Publisher : International Journal Labs

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55324/iss.v5i3.1122

This study investigates the protection of victims of sexual violence through the compensation mechanism and the Victim Assistance Fund (DBK) as regulated in Government Regulation No. 29 of 2025 in Indonesia. Despite legal recognition of restitution as a victim’s right, implementation remains constrained by perpetrators’ financial capacity, insufficient inter-institutional coordination, and procedural complexities, leaving many victims without effective recovery. The study aims to analyze the mechanisms for compensation, identify operational and structural obstacles, and assess the effectiveness of DBK as a state-guaranteed alternative for victim recovery. A normative juridical approach was employed, combining legal and conceptual analyses, with data collected through statutory review, document analysis, and structured interviews with relevant stakeholders. The results indicate that while restitution mechanisms have been integrated from the investigation stage, their effectiveness is limited due to dependence on perpetrators’ ability to pay. Furthermore, DBK, designed to ensure recovery independent of the perpetrator, has not been operationally implemented at the regional level, constrained by unclear technical procedures, budget limitations, and weak coordination. The findings highlight a gap between legal design and practical execution, confirming that victim protection is still largely normative. The study concludes that strengthening institutional integration, operational clarity, and resource allocation for DBK is critical to provide real, sustainable recovery for victims and enhance the victim-oriented criminal justice system in Indonesia.

Law Enforcement Regarding Criminal Offenses Involving Online Gambling Committed by Minors Akmal Syaefulloh; Ismayana Ismayana
Interdisciplinary Social Studies Vol. 5 No. 4 (2026): Interdisciplinary Social Studies
Publisher : International Journal Labs

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55324/iss.v5i4.1139

The increasing involvement of young people in illegal online gambling is facilitated by the rapid advancement of information technology. Children, who should be focusing on their education and personal development, are easily drawn into online gambling due to a lack of parental guidance, limited understanding of digital tools, and financial pressures that drive them to seek quick money. This research aims to determine how the law is enforced against child perpetrators of online gambling and to identify the factors that drive such behaviour. The study employs a qualitative approach with a focus on actual legal practices in the Cirebon area. Data were collected through interviews with the Cirebon City Police, document review, and analysis of primary and secondary legal sources. The findings indicate that a solid legal framework exists for handling child perpetrators of online gambling under the applicable laws, and that the police have endeavoured to comply with the procedures established by the Juvenile Criminal Justice System. However, challenges persist in law enforcement, including a lack of expertise in digital forensics, limited use of artificial intelligence technology for early detection, and insufficient digital literacy among the public. The factors driving children toward online gambling can be categorised into three main areas: financial pressures generating economic motives, the desire for instant rewards driven by psychological factors, and family dysfunction resulting from inadequate parental attention and supervision. The research concludes that an effective response requires a combined approach encompassing not only firm law enforcement action, but also preventive measures such as economic support for families and the improvement of digital literacy.

The Application of Diversion for Children as Perpetrators of Criminal Offenses During the Investigation Phase (A Study at the Cirebon City Police Station) Dea Viqi Alayda Alamsyah; Ismayana Ismayana
Interdisciplinary Social Studies Vol. 5 No. 4 (2026): Interdisciplinary Social Studies
Publisher : International Journal Labs

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55324/iss.v5i4.1140

This research examines the implementation of diversion in handling juvenile cases at the investigation stage at the Cirebon City Police Department. The increasing involvement of children in criminal offences indicates that punitive approaches are no longer sufficient, making diversion — as a component of restorative justice — an important alternative. Diversion aims to resolve cases outside formal court proceedings while prioritising the best interests of the child and their social recovery. This research employs an empirical legal method with a socio-juridical approach, combining legal analysis with field data. Data were collected through interviews with investigators and supported by relevant legal literature and regulations. The findings reveal that diversion has been applied, though not consistently. Some cases are successfully resolved through diversion, while others proceed to formal judicial processes or are settled at the preliminary stage without formal diversion mechanisms. Several obstacles affect its implementation, including resistance from victims, public perceptions favouring punitive responses, limited understanding of restorative justice among law enforcement officers, and inadequate facilities. In conclusion, the implementation of diversion at the investigation stage remains in a transitional phase toward a fully restorative justice approach. Strengthening institutional capacity, improving public awareness, and enhancing coordination among stakeholders are necessary to ensure the effective application of diversion within the juvenile criminal justice system.

Optimalisasi Layanan Informasi Desa Melalui Visualisasi Peta Situs Cagar Budaya di Kantor Desa Dermayu Dhea Wardah Aulia; Andis Maulana; Risna Nunung; Muhammad Anwar Syadat; Ismayana Ismayana
Al Khidma: Jurnal Pengabdian Masyarakat Al Khidma Vol. 6 No. 3 Juli - September 2026
Publisher : Sekolah Tinggi Ilmu Al-Qur'an (STIQ) Amuntai Kalimantan Selatan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35931/ak.v6i3.6665

Layanan informasi desa merupakan salah satu aspek penting dalam mendukung penyelenggaraan pemerintahan desa yang efektif, transparan, dan responsif terhadap kebutuhan masyarakat. Namun, penyampaian informasi mengenai fasilitas umum dan situs cagar budaya di Desa Dermayu masih belum optimal karena masih dilakukan secara konvensional dan belum didukung oleh media visual yang komunikatif. Kegiatan pengabdian ini bertujuan untuk mengoptimalkan layanan informasi desa melalui pembuatan dan visualisasi peta administrasi, fasilitas umum, serta situs cagar budaya di Kantor Desa Dermayu. Metode yang digunakan adalah pendekatan kualitatif deskriptif-eksplanatif melalui tahapan observasi lapangan, pengambilan titik koordinat menggunakan GPS, pengumpulan data sekunder, pengolahan data spasial dengan QGIS, validasi bersama perangkat desa, hingga pencetakan dan pemasangan peta di kantor desa. Hasil kegiatan menunjukkan bahwa program ini berhasil menghasilkan peta yang memuat informasi spasial secara lebih lengkap, akurat, sistematis, dan mudah dipahami. Peta yang dihasilkan tidak hanya berfungsi sebagai dokumen spasial desa, tetapi juga menjadi media informasi visual yang mendukung peningkatan kualitas layanan informasi, membantu administrasi desa, perencanaan pembangunan, publikasi potensi lokal, serta pengenalan situs cagar budaya seperti Makam Selawe, Masjid Pusaka Baiturrahmah, dan Sumur Penganten. Selain itu, keberadaan peta juga mendorong kesadaran masyarakat terhadap pentingnya pelestarian warisan budaya lokal. Dengan demikian, program kerja ini tidak hanya menghasilkan luaran berupa peta desa, tetapi juga menjadi bentuk pemberdayaan berkelanjutan yang memperkuat tata kelola informasi desa dan pelestarian budaya berbasis potensi lokal.

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