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All Journal AL IMARAH : JURNAL PEMERINTAHAN DAN POLITIK ISLAM Al-Istinbath: Jurnal Hukum Islam
Yagie Sagita Putra
Universitas Bengkulu
Religion Law, Crime, Criminology & Criminal Justice Social Sciences

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OMNIBUS LAW SEBUAH PROBLEMATIK DAN PARADIGMA HUKUM DI INDONESIA Zico Junius Fernando; Wiwit Pratiwi; Yagie Sagita Putra
AL IMARAH : JURNAL PEMERINTAHAN DAN POLITIK ISLAM Vol 6, No 1 (2021): Vol 6, No 1 Tahun 2021: Januari
Publisher : Fakultas Syari'ah Universitas Islam Negeri Fatmawati Sukarno Bengkulu

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.29300/imr.v6i1.4122

Abstract

Abstract: This study uses a normative legal research method in the form of library research, which is conducted by collecting primary, secondary and or tertiary legal materials. The technique of collecting materials used in this research is literature study, which is carried out by identifying literature in the form of statutory regulations, books, official documents, papers, and several other sources related to this research. Then, the whole material that has been collected, the authors process and make an analysis of the collected material. The materials that have been collected are analyzed qualitatively and to classify legal materials, the authors use content analysis. This study discusses the concept of Omnibus Law whose ultimate goal is to find a solution to legal certainty in Indonesia. Whether the Omnibus Law approach can provide legal harmonization in Indonesia or vice versa, it raises new problems, but it is hoped that in the future the Law resulting from the Omnibus Law concept can lead to a Law that can cover all the rules as a whole so that the ideals of this concept can be realized well. Keywords: Omnibus Law, Problematics, Legal Paradigms
PEMBERDAYAAN LEMBAGA ADAT DALAM PROSES PENYELESAIAN KONFLIK MASYARAKAT DESA RINDU HATI BENGKULU TENGAH Herlambang Herlambang; Yagie Sagita Putra; Zico Junius Fernando
AL IMARAH : JURNAL PEMERINTAHAN DAN POLITIK ISLAM Vol 7, No 1 (2022): Januari
Publisher : Fakultas Syari'ah Universitas Islam Negeri Fatmawati Sukarno Bengkulu

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.29300/imr.v7i1.6228

Abstract

Abstract: Rindu Hati Village is one of the "old" villages located in Taba Penanjung District, Central Bengkulu Regency, Bengkulu Province. Most of the villagers come from the Rejang Tribe, who highly value the traditions and norms that live in the village community as a habit that will maintain the peace of the village community. Recognition and protection of the rights of community members is carried out by upholding customary law. Actions that can disturb the peace and tranquility of the Rindu Hati village community are violations of customary law norms that have been established by Kutei and disputes, conflicts regarding body and life, property, decency and the sustainability of the natural environment around the village. If there is a conflict that disturbs the balance in the community, then the Village Head, Hamlet Head, Chair or Member of the Customary Deliberation Board, in a "Kutei Customary Deliberation" which is also attended by the Chair/Member of the Village Consultative Body and Syara' Devices are obliged to resolve the conflict. The implementation of service activities is carried out in 3 months with several stages, namely (1) Situation and Needs Analysis, (2) Deliberation with Traditional Leaders and Village Government Apparatuses (3) Formation of the Kutei Customary Deliberation Manuscript (4) Signing of the Kutei Traditional Deliberation Process Manuscript. For each activity, an activity report will be made to LPPM. The final target expected from this service activity is the implementation of the Kutei Customary Law Enforcement in Rindu Hati Village so as to create order and security for the Village community.Keywords: Adat Institution; Community Conflict; Rindu Hati Village.
The Idea of Privatization and Self-Financing of Prison Management in Positive Law and Islamic Law Herlambang Herlambang; Randy Pradityo; Helda Rahmasari; Herlita Eryke; Yagie Sagita Putra
AL-ISTINBATH : Jurnal Hukum Islam Vol 9, No 1 (2024)
Publisher : Institut Agama Islam Negeri Curup

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.29240/jhi.v9i1.9055

Abstract

This research aims to explore the basics of the idea of abolishing criminal justice in Indonesia and possible alternative solutions to problems that arise in prisons, especially from a theoretical perspective and comparison with Islamic law and customary law. The legal research method in this research is normative (doctrinal), research activities carried out include inventorying, explaining, interpreting and systematizing and broadcasting all Islamic law and customary law, which are related to the idea of abolishing prison sentences. The results of the research show that imprisonment is not recognized in the Islamic view, whereas currently imprisonment is acceptable only as long as the punishment provides a lot of benefits or kindness or benefits to society. Thus, imprisonment is not an absolute in the view of Islamic law. Based on the inventory of customary law as the original unwritten law of the Indonesian nation, no form of imprisonment was found. Therefore, without imprisonment, customary law can be enforced to maintain order and create justice in Indonesian society. From this analysis, especially related to the study of Islamic law and customary law, it is concluded that imprisonment can be considered for abolition if its shortcomings are more dominant than its benefits. Apart from that, the Indonesian Government should provide a forum for the idea of privatizing correctional institutions in the sense that the management of correctional institutions is carried out by private parties on a non-profit basis.
Co-Authors Fernando, Zico Junius Helda Rahmasari Herlambang Herlambang Herlita Eryke Randy Pradityo Wiwit Pratiwi