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All Journal Jurnal Litigasi Amsir Jurnal Hukum Inconcreto
Sumiyati B
Magister Hukum Universitas Ichsan Gorontalo
Humanities Law, Crime, Criminology & Criminal Justice Social Sciences

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Urgensi Perkembangan Regulasi Mafqud Dalam Mendapatkan Hak Waris Muhamad Arieva Chandra Aghisna; Sumiyati B; Darmawati Darmawati
Jurnal Litigasi Amsir Vol 11 No 4 (2024): Agustus
Publisher : Faculty of Law Andi Sapada Institute of Social Sciences and Business

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Abstract

Determining mafqud status in inheritance is of course still a problem in this research. The judge who made the decision at the Yogyakarta and Bantul Religious Courts through his considerations used the basis of 467 and 468 of the Civil Code which can make a decision after 9 (nine) months. Problems occur when the Heir as an applicant whose object of inheritance is included in the object of compensation for losses on Government Development which has a period of time to fulfill its administration. The absence of norms in determining mafqud status can have legal consequences resulting in the failure to achieve legal objectives. There is very limited material law that is formally contained in the legal regulations for mafqud cases, so judges need to explore, follow and understand the legal values ​​that are developing by paying attention to the provisions of existing legislation and Islamic law contained in fiqh books as a reference and point of reference in examine and decide mafqud cases. Regulations for determining mafqud status are very important considering that dynamic legal developments are a matter of urgency to achieve legal objectives. This research is normative research that is explanatory in nature with a statutory, case approach, and uses secondary data sources obtained from primary, secondary and tertiary legal materials. Collection by literature study and based on the results of the discussion of the main problem, conclusions and suggestions can be drawn.
Optimalisasi Pelaksanaan Rehabiitasi Medis Bagi Narapidana Narkotika di Lapas Kelas II A Gorontalo Abdul Razak Suleman; Marwan Marwan; Sumiyati B
Jurnal Litigasi Amsir Vol 12 No 3 (2025): Mei
Publisher : Faculty of Law Andi Sapada Institute of Social Sciences and Business

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Medical rehabilitation is one of the key programs for inmates convicted of narcotics offenses at Class II A Gorontalo Prison, in line with the Decree of the Director General of Corrections Number: PAS-36.OT.02.02 of 2020. This study examines the factors inhibiting optimal medical and social rehabilitation for drug inmates and outlines the stages of the prison’s medical rehabilitation program. Using normative and empirical legal methods, the study finds that obstacles include limited medical facilities, inadequate infrastructure, the presence of inmates with serious illnesses, and lack of family support. The Therapeutic Community (TC) rehabilitation program consists of four stages: Detox, Induction, Primary, and Re-entry. Despite these challenges, the TC program continues to run effectively, fostering discipline and reducing inmates’ dependence on drugs.
Implementing Restorative Justice for Juvenile Offenders of Assault through Progressive Legal Theory within the Women and Children Protection Unit (PPA) of Bone Bolango Police Sri Afriyanti Botutihe; Darmawati; Sumiyati B
Jurnal Hukum In Concreto Vol. 5 No. 1 (2026): Jurnal Hukum In Concreto Volume 5 Nomor 1 2026
Publisher : LPPM Universitas Harapan Bangsa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35960/inconcreto.v5i1.2139

Abstract

The involvement of children as perpetrators of assault poses a significant challenge within the criminal justice system, particularly in fulfilling children's rights and applying restorative justice principles. This study aims to analyze the implementation of restorative justice in fulfilling the rights of child offenders in Bone Bolango Regency, based on the perspective of progressive legal theory. This research uses an empirical legal method with a qualitative approach. Data were collected through in-depth interviews, direct observation, documentation, and literature study, then analyzed descriptively and qualitatively. The findings reveal that the diversion process conducted by the Women and Children Service Unit (PPA) of the Bone Bolango Police has not been implemented optimally. The low success rate of diversion is influenced by the limited participation of victims, inadequate public understanding of restorative justice, and the minimal involvement of legal aid providers and social workers. From the perspective of progressive law, this condition reflects a gap between legal norms and their implementation, indicating that the law has yet to function fully as a means of protection and recovery focused on the best interests of the child. A shift in legal enforcement paradigms is therefore necessary, supported by cross-sectoral collaboration, public education, and strengthened roles of local governments and facilitators in the juvenile justice system.
Co-Authors Abdul Razak Suleman Darmawati Darmawati Darmawati Marwan Marwan Muhamad Arieva Chandra Aghisna Sri Afriyanti Botutihe