Claim Missing Document
Check
Articles

Found 2 Documents
Search
Journal : JOURNAL EQUITABLE

URGENSI PEMBENTUKAN PENGADILAN KHUSUS EKONOMI SYARIAH DALAM LINGKUNGAN PERADILAN AGAMA Saut Maruli Tua Manik
JOURNAL EQUITABLE Vol 6 No 1 (2021)
Publisher : Prodi Ilmu Hukum Fakultas Hukum Universitas Muhammadiyah Riau

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37859/jeq.v6i1.2640

Abstract

The importance of a special sharia economic court in the Religious Courts is reviewed philosophically, sociologically, juridically. Philosophically it is based on Pancasila as the state philosophy. The sociological basis of the sharia economics special court answers problems and fulfills the needs of Islamic religious law in the field of sharia economics on the basis of empirical facts of sharia economic dispute resolution, juridically based on Article 3A of Law Number 3 of 2006, and Article 3A paragraphs (1), (3) and 13B paragraph (1) of Law Number 50 of 2009 concerning the Second Amendment to Law Number 7 of 1989 concerning the Religious Courts. Problem: What are the efforts and obstacles that the Supreme Court does to improve the quality of sharia economic dispute resolution in the Indonesian Religious courts. Normative methodology with a normative juridical approach. Data sources are primary data and supported secondary data
REKONTRUKSI PRINSIP RESTORATIVE JUSTICE DALAM PENYELESAIAN TINDAK PIDANA ANAK Aksar; Umar Dinata; Saut Maruli Tua Manik
JOURNAL EQUITABLE Vol 8 No 2 (2023)
Publisher : LPPM, Universitas Muhammadiyah Riau

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37859/jeq.v8i2.4949

Abstract

Restorative Justice according to Article 1 number 6 of Law Number 11 of 2012 is the settlement of criminal cases involving perpetrators, victims, families of perpetrators/victims, and other related parties to jointly seek a fair settlement by emphasizing recovery. return to its original state, and not retaliation. The concept of restorative justice is a critique of the concept of the criminal justice system which sees crime as a violation of state rules. As for the results of this study, namely the reconstruction of restorative justice policies in cases of children as perpetrators of crimes, according to Erna Sofwan Syukri, it provides an understanding of punishment as an effort to awaken the perpetrators of crimes so that they regret their actions, and return them to become good, law-abiding citizens. upholding moral, social and religious values, so as to achieve a safe, orderly and peaceful society. So the reconstruction of Restorative Justice in the case of children as perpetrators of criminal acts must be fair. The value of justice is a balance between rights and obligations and receiving rights and carrying out obligations.