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All Journal International Journal of Health, Economics, and Social Sciences (IJHESS)
Iwan Rasiwan
Universitas Kartamulia Purwakarta
Economics, Econometrics & Finance Public Health Social Sciences

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Discretionary Authority Of Law Enforcement Officials In The Settlement Of Criminal Cases Based On Restorative Justice Deny; Eko Budi Sariyono; Iwan Rasiwan; Johannes Triestanto; Zulkarnain S
International Journal of Health, Economics, and Social Sciences (IJHESS) Vol. 8 No. 1: Januari 2026
Publisher : Universitas Muhammadiyah Palu

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56338/ijhess.v8i1.9965

Abstract

Discretion exercised by law enforcement officials constitutes an inherent authority within the law enforcement function to make decisions or take actions based on professional judgment, particularly in circumstances that are not comprehensively regulated by statutory provisions. In the development of modern criminal law, discretionary power has gained increasing relevance, especially when associated with the application of a restorative justice approach that emphasizes victim recovery, offender accountability, and the restoration of social harmony within the community. This article aims to examine the scope of discretionary authority held by law enforcement agencies in resolving criminal cases through a restorative justice framework in Indonesia. The discussion focuses on the factors that encourage the use of discretion, the normative and ethical limitations governing its application, the roles of various law enforcement institutions within the criminal justice system, as well as the challenges encountered in practical implementation. The research employs a normative juridical approach, utilizing library-based data collection methods through the analysis of statutory regulations, legal doctrines, and relevant national legal journal publications. The data are analyzed using a descriptive-analytical method to assess the alignment between legal norms and law enforcement practices. The findings indicate that law enforcement discretion can serve as an effective instrument in supporting the implementation of restorative justice, particularly in certain criminal cases with limited social impact. Nevertheless, the effectiveness of discretionary practices is highly dependent on the consistent application of prudential principles, proportionality, legal certainty, utility, and participatory transparency involving victims, offenders, and the community. In the absence of clear guidelines and adequate oversight mechanisms, the exercise of discretion may lead to legal uncertainty and unequal justice. Therefore, strengthening regulatory frameworks and enhancing the capacity of law enforcement personnel are essential prerequisites for optimizing discretion within a restorative justice-based criminal justice system.
The Effectiveness Of Sharia Arbitration In Resolving Sharia Business Disputes Daffa Maulana Adha Herdatama; Dafa’ Alifta Akbar Susilo; Atin Meriati Isnaini; Johannes Triestanto; Iwan Rasiwan
International Journal of Health, Economics, and Social Sciences (IJHESS) Vol. 8 No. 1: Januari 2026
Publisher : Universitas Muhammadiyah Palu

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56338/ijhess.v8i1.10013

Abstract

The rapid growth of the Islamic business sector in Indonesia necessitates dispute resolution mechanisms that are not only legally sound but also aligned with the principles of Islamic law. Sharia arbitration emerges as an alternative dispute resolution outside the court system, offering a more flexible, efficient, and substantively just process. A key institution in the implementation of sharia arbitration in Indonesia is the National Sharia Arbitration Board, which resolves disputes based on the parties’ agreements while adhering to Islamic values. This study aims to examine the effectiveness of sharia arbitration in resolving Islamic business disputes, focusing on its legal foundation, cost and time efficiency, parties’ satisfaction, and implementation challenges. The research employs a qualitative method, specifically library research, through a review of legislation, national scholarly journals, and relevant literature on arbitration and Islamic finance. The findings indicate that sharia arbitration is generally effective in resolving Islamic business disputes, particularly due to its straightforward procedures, relatively short resolution period, and ability to maintain harmonious business relationships. However, several obstacles persist, including limited public understanding of sharia arbitration, a shortage of arbitrators with specialized expertise in Islamic finance, and challenges in the enforcement of arbitration awards. To enhance its effectiveness, institutional strengthening, broader socialization, and human resource development are essential to optimize the role of sharia arbitration in Indonesia’s Islamic business sector.
Co-Authors Dafa’ Alifta Akbar Susilo Daffa Maulana Adha Herdatama Deny Eko Budi Sariyono Isnaini, Atin Meriati Johannes Triestanto Zulkarnain S