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All Journal COMPARATIVA: Jurnal Ilmiah Perbandingan Mazhab dan Hukum
R. Massi, Randy Atma
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Religion Law, Crime, Criminology & Criminal Justice

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TINDAK PIDANA KEKERASAN SEKSUAL (PERSPEKTIF PERBANDINGAN HUKUM ISLAM DAN HUKUM POSITIF) Kalsum, Ummu; Syafii, Ahmad; R. Massi, Randy Atma
Comparativa: Jurnal Ilmiah Perbandingan Mazhab dan Hukum Vol. 5 No. 1 (2024)
Publisher : Program Studi Perbandingan Mazhab, Fakultas Syariah, Universitas Islam Negeri (UIN) Datokarama Palu

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24239/comparativa.v5i1.193

Abstract

Sexual violence against women continues to occur to this day, with the increasing cases of sexual violence against women becoming one of the topics frequently discussed and examined by society. Various efforts and studies have been conducted to address and reduce the number of sexual violence incidents against women. Sexual violence is increasingly alarming because it impacts the victims, making them feel threatened, humiliated, scared, ashamed, and so on. This research uses Normative Juridical research (normative legal research method) with a qualitative approach. Additionally, this research also employs a Legislative approach and a Comparative approach. The data collection technique is conducted through document/literature study, where the research objects are primary, secondary, and tertiary legal materials. All forms of sexual violence are subject to criminal penalties, and Law Number 12 of 2022 concerning Sexual Violence Crimes has clearly regulated this issue. In Islamic law, the sanctions given are in the form of ta'zir punishment. Ta'zir punishment includes all penalties other than hudud and qisas, but the punishment may be more severe and encompass more than hudud and qisas. According to the Syafi'i School, the sanctions can include diyat (compensation) accompanied by mahar (mithil), as well the had zina for the perpetrator.
SINTUVU AND THE MADIKA SYSTEM OF THE KAILI TRIBE AS A MODEL OF LOCAL WISDOM IN FORMULATING ASYMMETRICAL DECENTRALIZATION POLICIES IN CENTRAL SULAWESI R. Massi, Randy Atma; Wahyuni
Comparativa: Jurnal Ilmiah Perbandingan Mazhab dan Hukum Vol. 6 No. 2 (2025)
Publisher : Program Studi Perbandingan Mazhab, Fakultas Syariah, Universitas Islam Negeri (UIN) Datokarama Palu

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24239/comparativa.v6i2.247

Abstract

In the context of asymmetric decentralization in Indonesia, integrating local wisdom into constitutional policy formulation is increasingly crucial, particularly in regions with distinctive cultural governance systems. This article examines how the Sintuvu principle and Madika system of the Kaili tribe in Central Sulawesi can serve as a normative and strategic model in formulating asymmetric decentralization policies. Using a normative-legal approach combined with socio-legal analysis, this study demonstrates that the Sintuvu tradition (collective cooperation) and the Madika governmental structure constitute a contextual governance system that aligns with principles of responsive law and legal pluralism. The study analyzes the Pali customary law, the Libu nu Maradika deliberative council, and Givu sanction mechanisms as concrete manifestations of local constitutional values. This research argues that asymmetric decentralization in Central Sulawesi should not merely adopt a formalistic approach but must integrate Kaili traditional governance values as a foundation for inclusive, contextual, and culturally-rooted policies. The article recommends a specific policy formulation model based on the Sintuvu principle as the philosophical foundation for regional governance that honors local constitutional identity.
Co-Authors Ahmad Syafii Ummu Kalsum WAHYUNI