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All Journal Pena Justisia: Media Komunikasi dan Kajian Hukum Al-MIKRAJ: Jurnal studi Islam dan Humaniora
Muhammad Syahnan
Unknown Affiliation
Economics, Econometrics & Finance Education Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Social Sciences

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Approach Restorative In Loss Recovery Caused by Criminal Acts of Corruption Noor Azizah; Muhammad Syahnan; Zulkarnain
Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 24 No. 1 (2025): Pena Justisia
Publisher : Faculty of Law, Universitas Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31941/pj.v24i2.6552

Abstract

The restorative approach to the recovery of losses caused by criminal acts of corruption offers alternatives that focus on restoring relationships and losses compared to retributive approaches that only emphasize punishment. This study uses a normative juridical method with the law approach to analyze the basic principles of restorative approaches, recovery mechanisms, benefits, challenges, and implementation in Indonesia. The restorative approach is based on the principle of restoring losses, active participation of all parties, and reintegration of the perpetrators. The results of the discussion show that the restorative approach has the potential to increase justice and improve social relations, although there are still significant challenges. The application of this approach in Indonesia requires stronger legal and community support. This study concluded that the restorative approach can improve the law enforcement system with a greater focus on recovery and reintegration. Suggestions for further development include legal reform and increasing community participation to optimize the recovery of losses due to criminal acts of corruption, so that further legal reform is carried out to support restorative mechanisms and increase community participation.
Silent treatment dan Kesejahteraan Pernikahan: Penilaian Psikologis dalam Kerangka Prinsip Maqashid Syari’ah Maida Hafidz; Muhammad Faisal Hamdani; Muhammad Syahnan
AL-MIKRAJ Jurnal Studi Islam dan Humaniora (E-ISSN 2745-4584) Vol. 6 No. 1: Al-Mikraj, Jurnal Studi Islam dan Humaniora
Publisher : Pascasarjana Institut Agama Islam Sunan Giri Ponorogo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37680/almikraj.v6i1.9126

Abstract

Silent treatment has emerged as a prevalent form of emotional abuse in marital relationships, yet its recognition within Islamic jurisprudence remains understudied. This study analyzes the phenomenon of silent treatment through the lens of Maqāṣid an-Nafs (preservation of the soul/self), Maqāṣid Al-Aql (preservation of the logical person) and both of this are one of the five fundamental objectives of Islamic law (Maqāṣid al-Sharī'ah). Using qualitative methodology and library research, this study examines how silent treatment violates the principle of psychological well-being protection in marriage. In this case, the researcher found several cases where silent treatment caused psychological damage, emotional suffering, disrupted marital harmony and if continued could cause mental impairment. The findings reveal that silent treatment contradicts the maqāṣid principle of preserving mental health (ḥifẓu al-nafs) by causing psychological harm, emotional distress, and disrupting marital harmony and if continuing this action will destroy the positive thinking (al-aql). Thus the researcher concludes that the silent treatment that causes this, is contrary to syari’ah law based on Maqāṣid syari’ah method (specially protecting the mind/health), so that family mediation (tahkim) is necessary. This study contributes to the discourse on Islamic family law by providing a maqashid based framework for understanding emotional abuse and offering practical implications for Islamic counselling and family dispute resolution.
Co-Authors Maida Hafidz Muhammad Faisal Hamdani Noor Azizah Zulkarnain