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All Journal Jurnal CENDIKIA ISNU Jurnal Sahabat ISNU SU Jurnal Cendikia ISNU SU
Muhammad Firman Akhsani
Kantor Imigrasi Kelas 1 Khusus TPI Medan
Religion Arts Humanities Law, Crime, Criminology & Criminal Justice

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Settlement of Child Criminal Cases of Terrorism Criminals through Restorative Justice (Al-Isti'adah) in Islamic Criminal Law Muhammad Firman Akhsani; Mhd Yadi Harahap
Jurnal Cendikia ISNU SU Vol. 1 No. 2 (2024): Vol 1. No 2 Sept 2024 : JCISNU
Publisher : ISNU Sumatera Utara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.70826/jcisnu.v3i1.1318

Abstract

The case of a child perpetrator of a terrorism crime raises complex problems related to law enforcement and child protection. The social, psychological, and moral impact of acts of terrorism on victims and societies requires an approach that is not only repressive, but also educational and restorative. Islamic criminal law offers the principles of justice and rehabilitation through the concept of al-isti'adah, which emphasizes the restoration of wrongs, moral construction, and the restoration of social harmony. This study aims to analyze the settlement of child cases of terrorism perpetrators through al-isti'adah-based restorative justice in Islamic criminal law. The research also assesses the relevance of Islamic legal principles with national laws and regulations related to child protection and the eradication of terrorism crimes. The research method used is normative, with a literature study and document analysis approach. Data sources include the Quran, Hadith, Indonesian laws and regulations, ulema fatwas, legal literature, and relevant previous research. The analysis was carried out qualitatively using content analysis techniques, mapping norms, restorative justice principles, and the application of al-isti'adah in the context of children of perpetrators of terrorism crimes. The results of the study show that the al-isti'adah-based restorative justice approach allows the restoration of relationships between perpetrators, victims, and society, as well as providing moral and spiritual education for children. The involvement of families, communities, and law enforcement is a key factor in the success of rehabilitation. The integration of Islamic legal principles with the Child Protection Law and the Terrorism Eradication Law has resulted in a humane, proportionate, and effective law enforcement mechanism in preventing recidivism. In conclusion, the al-isti'adah-based restorative justice model provides comprehensive solutions for the resolution of child cases of terrorism perpetrators, prioritizing social recovery, moral education, and the reintegration of children into society.
Settlement of Child Criminal Cases of Terrorism Criminals through Restorative Justice (Al-Isti'adah) in Islamic Criminal Law Muhammad Firman Akhsani; Mhd Yadi Harahap
Jurnal Cendikia ISNU SU Vol. 1 No. 2 (2024): Vol 1. No 2 Sept 2024 : JCISNU
Publisher : ISNU Sumatera Utara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.70826/jcisnu.v3i1.1318

Abstract

The case of a child perpetrator of a terrorism crime raises complex problems related to law enforcement and child protection. The social, psychological, and moral impact of acts of terrorism on victims and societies requires an approach that is not only repressive, but also educational and restorative. Islamic criminal law offers the principles of justice and rehabilitation through the concept of al-isti'adah, which emphasizes the restoration of wrongs, moral construction, and the restoration of social harmony. This study aims to analyze the settlement of child cases of terrorism perpetrators through al-isti'adah-based restorative justice in Islamic criminal law. The research also assesses the relevance of Islamic legal principles with national laws and regulations related to child protection and the eradication of terrorism crimes. The research method used is normative, with a literature study and document analysis approach. Data sources include the Quran, Hadith, Indonesian laws and regulations, ulema fatwas, legal literature, and relevant previous research. The analysis was carried out qualitatively using content analysis techniques, mapping norms, restorative justice principles, and the application of al-isti'adah in the context of children of perpetrators of terrorism crimes. The results of the study show that the al-isti'adah-based restorative justice approach allows the restoration of relationships between perpetrators, victims, and society, as well as providing moral and spiritual education for children. The involvement of families, communities, and law enforcement is a key factor in the success of rehabilitation. The integration of Islamic legal principles with the Child Protection Law and the Terrorism Eradication Law has resulted in a humane, proportionate, and effective law enforcement mechanism in preventing recidivism. In conclusion, the al-isti'adah-based restorative justice model provides comprehensive solutions for the resolution of child cases of terrorism perpetrators, prioritizing social recovery, moral education, and the reintegration of children into society.
Designing a Protected Hybrid Online Dispute Resolution Model for Post-Divorce Marital Property Disputes Watni Marpaung; Muhammad Firman Akhsani; Kamaluddin Pane
Jurnal Sahabat ISNU SU Vol. 3 No. 2 (2026): Vol.3 No.2 (2026): ISNU Sahabat September 2026
Publisher : ISNU Sumatera Utara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.70826/jsisnu.v3i2.1946

Abstract

Digital dispute resolution offers an opportunity to widen access to justice in family cases, but its use in post-divorce marital-property disputes requires stronger safeguards than ordinary commercial disputes. This study examines the adequacy of the Indonesian legal framework for Online Dispute Resolution (ODR) in marital-property disputes and develops a normative design that promotes efficiency without sacrificing legal certainty, procedural fairness, data security, or protection of vulnerable parties. The research applies normative legal methods using statutory, conceptual, and functional comparative approaches. It analyses marriage law, judicial procedure, electronic mediation, electronic information, personal-data protection, and recent international literature on family ODR and access to justice. The findings show that Indonesia already has a legal basis for electronic mediation and electronic judicial processes, but lacks a specialised procedural architecture for case-suitability screening, asset disclosure, information balance, data governance, and legal reinforcement of settlements. The study proposes a Protected Hybrid ODR Three-Stage Model consisting of suitability screening and informed consent, structured electronic negotiation-mediation, and legal validation of outcomes. The model treats technology as supporting infrastructure that remains subject to human oversight, legal control, and safeguards for the parties.
Co-Authors Kamaluddin Pane Mhd Yadi Harahap Watni Marpaung