Konseptualisasi Lembaga Peradilan Adat Di Sulawesi Selatan

Buana, Andika Prawira; Pasamai, Syamsuddin; Rahman, Sufirman; Baharuddin, Hamza

doi:10.21776/ub.arenahukum.2019.01202.6

Cited by 2 publications

(1 citation statement)

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“…Furthermore, it may eliminate feelings of resentment and play a role in creating security, order, and peace. Third, the presence of customary courts is becoming increasingly important in the middle of a state that is not yet fully capable of providing case settlement services through formal channels in remote villages (Buana et al, 2019).…”

Section: Considerations Of Sarak Opat In Delegating Minor Criminal Ca...mentioning

confidence: 99%

The Role of the Sarak Opat in Resolving Minor Crimes

Suhartini¹,

Surya

2022

JMH

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The Sarak Opat as one of the customary institutions in Aceh have been authorized to settle disputes of minor cases at the village level in Central Aceh, Aceh, Indonesia. This is guaranteed by the applicable laws and regulations. However, the practice of resolving minor cases is currently delegated to the judiciary. Therefore, this study was a legal empirical or sociological research to analyze primary and secondary data in Central Aceh Regency. Data collection method employed were direct interviews with selected informants, and the collected data were processed in qualitative analysis method. The results showed that the role of the Sarak Opat customary institution in resolving minor cases in the Gayo community in Central Aceh has a strong legal basis as mandated by various national and regional legal policies. Subsequently, the customary institution has two considerations in delegating minor criminal cases to the judiciary. First, the litigants are dissatisfied with the sanctions decided by Sarak Opat. Second, the officials of Sarak Opat lack understanding of their authority as a customary justice institution.

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Section: Considerations Of Sarak Opat In Delegating Minor Criminal Ca...mentioning

confidence: 99%

The Role of the Sarak Opat in Resolving Minor Crimes

Suhartini¹,

Surya

2022

JMH

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The Essence of Restorative Justice in the Development of Indonesian Law

Supriansa,

Rahman,

Abbas

et al. 2024

RGSA

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Objective: This study aims to explore the essence of Restorative Justice within the framework of Indonesian legal development. It seeks to understand how Restorative Justice principles are integrated into the Indonesian legal system, assess their impact on law enforcement and justice outcomes, and provide policy recommendations for enhancing their implementation. Theoretical Framework: The theoretical framework of this research is rooted in Restorative Justice principles, emphasizing the repair of harmed relationships and the involvement of all stakeholders in conflict resolution. By adopting a normative legal approach and utilizing a case law methodology, this study analyzes the compatibility of Restorative Justice principles with Indonesian legal norms and evaluates their application in resolving legal cases. Methodology: This research delves into Restorative Justice within Indonesian law by analyzing judicial decisions, legislative reforms, and historical precedents. It employs normative legal analysis, utilizing Restorative Justice principles to examine applicable norms and their implementation in resolving legal cases. Through a case law approach, the study aims to uncover the essence of Restorative Justice in Indonesian legal development. By scrutinizing judicial decisions, legislative reforms, and historical precedents, it seeks to demonstrate how Restorative Justice principles can be effectively integrated into the Indonesian legal system and assess their impact on law enforcement and justice outcomes. The research aims to contribute to a deeper understanding of Restorative Justice and provide evidence-based policy recommendations to enhance its implementation, considering both normative aspects and empirical observations from the field. Results and Conclussion: Restorative Justice as an approach can realize legal compliance, justice and legal expediency simultaneously, therefore it is important for Indonesia to establish a special law regulating Restorative Justice. This will provide a solid and clear legal framework for the application of this concept in the justice system. With a specific law, there will be more detailed guidance on how Restorative Justice can be implemented effectively and equitably across law enforcement agencies In addition, this law can also strengthen Indonesia's commitment to making Restorative Justice a mainstream approach in law enforcement, creating a justice system that is not only fair, but also equitable for all parties involved in the process. Thus, by regulating Restorative Justice through a separate law, Indonesia affirms its position as a leader in building a justice system based on human values and universal justice.

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Konseptualisasi Lembaga Peradilan Adat Di Sulawesi Selatan

Cited by 2 publications

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The Role of the Sarak Opat in Resolving Minor Crimes

The Role of the Sarak Opat in Resolving Minor Crimes

The Essence of Restorative Justice in the Development of Indonesian Law

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