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All Journal Al-Hukama: The Indonesian Journal of Islamic Family Law Terang: Jurnal Kajian Ilmu Sosial, Politik dan Hukum
Muhammad Yusuf Rangkuti
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Religion Humanities Law, Crime, Criminology & Criminal Justice Social Sciences

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Peran Jaksa dalam Kasus Anak Pelaku Asusila dan Proses Rehabilitasi Berdasarkan Putusan Nomor XXX/Pid. Sus-Anak/2024/PN Mgg Okti Indah Lestari; Dinda Rachma Aditya; Faiza Nisrina; Sahilda Lailatul Rahma; Siti Muaviroh; Devi Lusyany; Muhammad Yusuf Rangkuti
Terang : Jurnal Kajian Ilmu Sosial, Politik dan Hukum Vol. 2 No. 2 (2025): Juni : Terang : Jurnal Kajian Ilmu Sosial, Politik dan Hukum
Publisher : Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62383/terang.v2i2.915

Abstract

This research discusses the legal process against children who commit indecent crimes and the role of rehabilitation as a recovery effort based on Decision Number XXX/Pid.Sus-Anak/2024/PN Mgg. This investigation uses normative and empirical legal methods by analyzing laws and regulations and judicial practices against children. This investigation purposes to examine the role of the prosecutor in determining the boarding school as a place of rehabilitation and assess the suitability of the prosecutor's charges with the provisions of juvenile criminal law in Indonesia. The findings showed that prosecutors play an important role in determining the form of rehabilitation by coordinating with community supervisors, considering the best interests of the child as stipulated in Law Number 11 of 2012 concerning the Child Criminal Justice System (UU SPPA). The selection of pesantren as a place for rehabilitation reflects an educational approach that not only punishes, but also shapes the morals and character of children so that they can return to society in a better condition. This rehabilitation also provides access to education and guidance in an environment that supports the mental and social recovery of children and prevents repetition of criminal acts.
Between Social Structures and Individual Agency: Resistance to Same-Clan Marriage Prohibition in Mandailing Batak Society Mohammad Fauzan Ni'ami; Muhammad Yusuf Rangkuti; Rafif Zufar Hernowo
Al-Hukama': The Indonesian Journal of Islamic Family Law Vol. 16 No. 01 (2026): June (In Progress)
Publisher : Islamic Family Law Department, Sharia and Law Faculty, UIN Sunan Ampel Surabaya, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15642/alhukama.2026.16.01.1-33

Abstract

This study stems from the appearance of same-clan marriage practices among the Mandailing Batak Muslim, even though such practices are strictly prohibited under customary law. However, such practices are often normatively understood as violations and abuses of custom, without considering the perspectives and motivations of each actor. This study specifically aims to examine the prohibition of same-clan marriage and explain how the interaction between social structures and individual agency shapes such resistance within the Mandailing Batak community. This is an empirical study employing a socio-legal approach. Using Anthony Giddens’ theory of structuration, this study aims to reveal the factors influencing individual agency and the interaction between structure and agency in explaining the emergence of resistance to the customary prohibition against same-clan marriage. The findings reveal that structure manifests as customary law, values and beliefs, and sanctions for those who marry within the same clan among the Mandailing Batak people. Meanwhile, individual agency manifests as perspectives rooted in love (affection), family pressure, migration, modernization, and knowledge of the law and Islam. In this context, the interaction or duality between structure and individual agency results in open resistance. This study contributes by offering a new perspective on individual agency within indigenous communities by demonstrating that individuals are not entirely passive within social structures but can influence, navigate, and even challenge customary legal practices. This study argues that the stronger the social structure, the stronger the resistance.
Co-Authors Devi Lusyany Dinda Rachma Aditya Faiza Nisrina Mohammad Fauzan Ni'ami Okti Indah Lestari Rafif Zufar Hernowo Sahilda Lailatul Rahma Siti Muaviroh