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All Journal Al Hurriyah : Jurnal Hukum Islam AHKAM : Jurnal Hukum Islam dan Humaniora
Wibowo, Erik
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Religion Humanities Law, Crime, Criminology & Criminal Justice Social Sciences

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Analysis of Law No. 11 of 2012 on the Protection of the Rights of Children Who Commit Crimes from a Legal Sociology Perspective Wibowo, Erik; Humaidi, Humaidi
Alhurriyah Vol 10 No 1 (2025): June 2025
Publisher : Universitas Islam Negeri Sjech M. Djamil Djambek Bukittinggi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30983/al-hurriyah.v10i1.9209

Abstract

This article aims to comprehensively examine polygamy from various perspectives, with a particular focus on the legal protection afforded to second wives within polygamous practices in Indonesia. It explores the complex dynamics experienced by women who occupy the position of a second wife, including their roles, rights, and social perceptions. Furthermore, this study seeks to deconstruct the existence and identity of women in polygamous marriages by critically assessing the challenges they face and the efforts made to safeguard their legal and social well-being. Employing a qualitative research approach, this study utilizes Simone de Beauvoir’s existentialist feminism theory as an analytical framework to understand how women’s roles in polygamy are constructed and contested within patriarchal legal and social systems. The findings reveal that, although polygamy is permitted under Indonesian law, its practical implementation often leads to various injustices, particularly in the form of legal uncertainty and limited protection for second wives. These women frequently encounter stereotyping, social stigma, discrimination, and even the threat of criminal consequences when the polygamous marriage is carried out without the consent of the first wife. This article advocates for the reconstruction of the identity and social role of second wives, emphasizing the need for comprehensive legal reforms, increased public awareness, and the promotion of marriage registration to ensure the fulfillment of women’s rights and the creation of a more equitable marital framework in polygamous settings.
Review of John Rawls' Theory of Justice in Penal Mediation as a Settlement for Minor Offenses at Al-Ishlah Male Islamic Boarding School, Malang Rofrofil Akmal, Ahmad Wildan; Alwi, Khanabi Alwi; Wibowo, Erik
AHKAM Vol 4 No 2 (2025): JUNI
Publisher : Lembaga Yasin AlSys

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58578/ahkam.v4i2.6034

Abstract

This study examines the resolution of minor criminal offenses committed by students at Pondok Pesantren Putra Al-Ishlah, Singosari, Malang, through penal mediation, analyzed within the framework of John Rawls’ theory of justice. Offenses such as petty theft, verbal insults, and minor vandalism are addressed internally through restorative measures rather than formal legal proceedings. Employing a qualitative field research approach, data were collected through interviews with pesantren administrators and teachers, along with the analysis of documented cases from 2020 to 2024. The pesantren applies restorative and educational sanctions, such as Qur’an recitation, performing the call to prayer, or repairing damaged property while engaging offenders, victims, and guardians in a deliberative mediation process. The findings demonstrate that this approach embodies Rawls’ two key principles of justice: the assurance of equal basic liberties and the application of the difference principle in promoting fairness. Penal mediation at the pesantren functions not only as a deterrent to future misconduct but also as a means of reconciliation and moral development, reinforcing community cohesion. This culturally grounded model of restorative justice offers an alternative framework for addressing juvenile misconduct in educational institutions, illustrating the practical integration of moral philosophy, disciplinary methods, and character education in a faith-based setting.
Co-Authors ., Humaidi Alwi, Khanabi Alwi Rofrofil Akmal, Ahmad Wildan