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All Journal University Of Bengkulu Law Journal Al-Manhaj: Jurnal Hukum dan Pranata Sosial Islam
Sinung Mufti Hangabei
Unknown Affiliation
Religion Humanities Economics, Econometrics & Finance Law, Crime, Criminology & Criminal Justice

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Strengthening Legal Awareness in Mitigation: Education and Community Empowerment Study Based on Local Wisdom in Bengkulu Sinung Mufti Hangabei; Rangga Jayanuarto; Fahmi Arisandi
University Of Bengkulu Law Journal Vol. 10 No. 1 (2025): APRIL
Publisher : UNIB Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33369/ubelaj.v10i1.39870

Abstract

This research explores the integration of local wisdom in community-based disaster mitigation strategies in Bengkulu, an area prone to natural disasters such as earthquakes and tsunamis. Although local wisdom holds significant potential in reducing disaster risks, there are still gaps in its application within formal mitigation policies. A qualitative approach was used to explore local wisdom practices through ethnographic study, in-depth interviews, and policy document analysis. The findings indicate that while there have been some integration efforts, existing mitigation policies are primarily technical and do not fully account for the potential of local culture as a significant adaptive resource. The study also emphasizes the importance of community empowerment through culture-based education to enhance disaster preparedness and compliance with mitigation regulations. The integration of local wisdom with spiritual principles is expected to provide a strong legal foundation for involving communities in disaster mitigation efforts, creating a more holistic, effective, and sustainable approach
Restorative Justice in the KUHP and Protection of Sexual Violence Victims Jovansyah Mulya Cipta Wibawa; Rangga Jayanuarto; Sinung Mufti Hangabei; Hendi Sastra Putra
AL-MANHAJ: Jurnal Hukum dan Pranata Sosial Islam Vol. 7 No. 1 (2025)
Publisher : Fakultas Syariah INSURI Ponorogo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37680/almanhaj.v7i1.7704

Abstract

The revision of Indonesia's Criminal Code (KUHP) introduces restorative justice as a mandatory consideration in sentencing, requiring judges to evaluate forgiveness from victims or their families as part of the sentencing process. This study examines the implications of this provision when applied to sexual violence cases, particularly in relation to the Sexual Violence Crime Law (UU TPKS), which expressly prohibits non-judicial settlement as a form of victim protection. Using a normative legal research method supported by statute, conceptual, and case approaches, this article analyzes the interaction between the KUHP and the UU TPKS, alongside documented cases where victims experienced pressure to accept restorative agreements. Drawing on victimology and feminist legal theory, the study highlights the risk of revictimization, unequal bargaining power, and reinforcement of patriarchal structures when restorative justice is used in sexual violence cases. Findings show that applying restorative mechanisms to such cases creates legal uncertainty and contradicts the protective mandate of the UU TPKS. This article argues that restorative justice must be normatively limited and not applied to sexual violence. Clear regulatory harmonization and trauma-informed implementation guidelines are necessary to ensure a victim-centered approach to justice when the new KUHP becomes fully enforceable.
Co-Authors Fahmi Arisandi Hendi Sastra Putra Jovansyah Mulya Cipta Wibawa Rangga Jayanuarto