Zeitschriftenartikel: „Mediation and conciliation, Criminal (Islamic law)“

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Jami, Fatemeh Esmaeili, Hossein Ahmari und Mojtaba Zahedian. „Jurisprudential and legal study of mediation and its impact on Iran-Saudi Arabia relations“. Revista do Curso de Direito do UNIFOR 11, Nr. 2 (30.10.2020): 1–20. http://dx.doi.org/10.24862/rcdu.v11i2.1260.

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Preparing the ground for peace and reconciliation through mediation is a common practice in international law. The Criminal Justice System uses mediation to resolve the conflict between governments and achieve a criminal justice system, which is far from common formalities in criminal and civil arbitration. Given the inefficiency of international courts and lack of guarantee of performance of the penalties imposed by these courts, alternative solutions such as peace and conciliation and mediation have been proposed to resolve international disputes. In jurisprudential terms, numerous verses and narratives about peace, reconciliation and mediation have been provided and this method of conflict resolution has been fully endorsed by the jurisprudents of the Islamic religions. The main purpose of this study is to identify the status of mediation in jurisprudential and legal terms as one of the methods of resolving conflicts between governments, whose role in Iran-Saudi Arabia relations will be investigated with respect to the disputes between the two countries, especially in recent years.

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Laksminarti, Laksminarti. „Rekonstruksi Hukum Mediasi Penal Sebagai Alternatif Penyelesaian Perkara Tindak Pidana Lingkungan Hidup Berbasis Keberlanjutan Lingkungan“. Pencerah Publik 6, Nr. 2 (16.10.2019): 1–8. http://dx.doi.org/10.33084/pencerah.v6i2.1062.

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This research aims to obtain an overview of the construction of the Law on the mediation of penal as an alternative to environmental criminal action-based sustainability. In environmental matters, about the criminal environment, the legislation does not provide an ADR (Alternative Dispute Resolution) opportunity in which the parties are permitted to choose a dispute resolution Through negotiations, mediation, and conciliation. This is contained in article 85 paragraph (2) of UUPPLH stating that the settlement of disputes outside the courts does not apply to environmental criminal acts as provided for in this law. This condition of enforcement gives birth to a variety of thoughts that give alternative crime settlement of criminal act outside the Court of mediation of penal. Using a descriptive analysis obtained the idea that to conduct mediation of the penal as an alternative criminal settlement, it is necessary to reform criminal legal structure. The results of the research show that criminal law reconstruction is necessary considering that the institution of Penal mediation organizers has not been contained in the current structure of criminal law. Constructing Penal mediation as an alternative to settlement of Environmental criminal act into the criminal law system in Indonesia is expected to provide improvement and progress in environmental law enforcement. That the settlement of environmental criminal acts through Penal mediation as part of the criminal law system, requires the arrangement in legal science legislation that tends to be critical and has characteristic Personality as "sociological jurisprudence".

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Fomina, T. H. „International Standards of Implementing Mediation within Criminal Proceedings and the State of Its Realization in Ukraine“. Bulletin of Kharkiv National University of Internal Affairs 93, Nr. 2 (02.07.2021): 313–23. http://dx.doi.org/10.32631/v.2021.2.28.

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International standards for mediation in criminal proceedings have been defined; the process of development of the institution of mediation in criminal proceedings in Ukraine has been characterized; propositions on improving the procedure for mediation in criminal proceedings have been expressed. It has been established that the introduction of mediation in criminal proceedings, as a necessary condition for the development of the national legal system, was reflected in many international legal instruments that Ukraine had undertaken to execute. The traditional system of criminal justice cannot offer an effective solution to the problem of dealing with persons who committed a criminal offense. It has been proved that the urgent need of our state is to create new effective alternatives to official criminal prosecution, in particular mediation. The analysis of legislative activity on introducing mediation in Ukraine has been carried out. Representatives of the legislative initiative on the need to consolidate the possibility of conducting a mediation procedure at the legislative level by adopting the draft Law of Ukraine “On Mediation” dated from May 19, 2020 No. 3504 in the second reading. It has been defined that mediation in Ukraine is not fully implemented, since there is no legal basis. At the same time, some measures have been implemented in Ukraine to introduce mediation in criminal proceedings. Thus, the Criminal Procedural Code of Ukraine provides the possibility of concluding a conciliation agreement between the victim and the suspect, the accused. At the same time, allowing the possibility of concluding a conciliation agreement, the criminal procedural legislation does not directly regulate the mediation procedure. It has been substantiated that the procedure for mediation during criminal proceedings should be regulated by: 1) adoption of the Law of Ukraine “On Mediation”; 2) making systemic amendments to the Criminal Procedural Code of Ukraine. Particular attention has been paid to the fact that, despite the lack of a legal basis, our country has experience in applying the mediation procedure in criminal proceedings. Starting from 2019, two pilot projects have been implementing in Ukraine, which demonstrated positive results in this direction: “Restorative Program of Juveniles Suspected in Committing a Criminal Offense” and “Implementation of Restorative Justice in Ukraine”. The results of the implementation of these projects have proved that the mediation procedure has indisputable advantages over punitive justice.

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Rizal, Moch Choirul. „MEDIASI PENAL PERSPEKTIF HUKUM PIDANA ISLAM“. ULUL ALBAB Jurnal Studi Islam 18, Nr. 1 (31.07.2017): 43. http://dx.doi.org/10.18860/ua.v18i1.4098.

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This conceptual study is to review two things. First, the penal mediation concept in perspective of Islamic criminal law. By outlining penal mediation as an alternative to the settlement of a criminal case out of court through a voluntary agreement between the victim and the perpetrator, then, at least, it is in accord with the concept of qishash-diyat and its punishment. Second, the contribution of the core idea of mediation penal in perspective of Islamic criminal law is for criminal law reform in Indonesia. In a review of these studies, the core idea of mediation penal in Islamic criminal law perspective fulfills the philosophical, juridical, and sociological aspects, so that the criminal law reform led to the strengthening and optimizing the penal mediation as an alternative to the settlement of the criminal case. The core ideas are: (1) the existence of penal mediation is necessary to set up first by legislation in Indonesia; (2) not all criminal offenses can be resolved through mediation penal; (3) there is no element of coercion on the involvement of both parties in conducting penal mediation; (4) the compensation agreed upon by the perpetrator and the victim or him/her family shall be given directly to victims or their families and not to the state; and (5) the completion of the criminal case by optimizing the penal mediation can abolish punishment for the perpetrators.

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Rasyid, Abdul. „Relevance of Islamic Dispute Resolution Processes in Islamic Banking and Finance“. Arab Law Quarterly 27, Nr. 4 (2013): 343–69. http://dx.doi.org/10.1163/15730255-12341267.

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Abstract In the Islamic legal system, the ways in which disputes are resolved generally fall under two categories. The first category is through litigation, namely in Islamic courts (al-qaḍāʾ or adjudication), and the second is through amicable means such as negotiation, conciliation and compromise (naṣīḥah or sincere advice), mediation (ṣulḥ), arbitration (taḥkīm), mediation along with arbitration (ṣulḥ and taḥkīm), an ombudsman (muḥtasib), expert determination (Mufti’s fatwā, pl. fatāwā), etc. These mechanisms are called alternative dispute resolution (ADR) that refers to a range of dispute resolution processes which are alternative to traditional litigation. Over time, the term ADR is now coming to mean ‘appropriate dispute resolution’ or the most appropriate resolution process in the given circumstances. One of the principal goals of ADR is to provide parties with choices for the effective and efficient resolution of disputes. The above-mentioned dispute resolution processes have different characteristics. This article will discuss only the relevant mechanisms with a view to examine how far they may be suitable to resolve Islamic banking and finance disputes effectively, cheaply and quickly.

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Zain, Irma Istihara. „MEDIATION OF CAR FINANCING OF ISLAMIC LAW PERSPECTIVE IN THE CONSUMER DISPUTE RESOLUTION AGENCY (BPSK) IN MATARAM CITY“. Hukum Islam 20, Nr. 1 (27.07.2020): 59. http://dx.doi.org/10.24014/jhi.v20i1.8406.

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Abstract: Consumer Dispute Resolution Agency (BPSK) has a role in protecting the rights of consumers when it appears, by completing the resolution of car financing through arbitration, conciliation and mediation. The objective of this research is to emphasize the mediation in car financing in Mataram, explained the causes of disputes arising in BPSK, explaining mediation in car financing in BPSK’s Mataram in perspective of Islamic law. This research conducted Qualitative research methods with a case approach. Settlement of the mediation in the financing of the car based on positive compensation in BPSK through requesting, meeting and termination of the Bank in the context of Islamic law prioritizing the rules of the car, based on the principles of compensation in BPS.Keywords: Mediation, Financing, Islam.

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Konstantinidis, Ioannis. „Book Review: Emilia Justyna Powell. Islamic Law and International Law: Peaceful Resolution of Disputes“. International Review of Law 9, Nr. 1 (01.12.2020): 246–49. http://dx.doi.org/10.29117/irl.2020.0098.

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The settlement of inter-state disputes is an integral part of the international legal system. The obligation of States to settle their disputes peacefully is enshrined in Article 2(3) of the Charter of United Nations. In turn, Article 33 of the Charter identifies different means that can be employed by United Nations Member States with a view to peacefully resolving inter-state disputes, including, inter alia, “negotiation, enquiry, mediation, conciliation, arbitration, judicial settlement”.

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Denisyuk, P. D. „Mediation in criminal proceedings“. Uzhhorod National University Herald. Series: Law, Nr. 64 (14.08.2021): 308–12. http://dx.doi.org/10.24144/2307-3322.2021.64.56.

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Іn the article the author investigates the institute of mediation, which acquires its development not only in civil and commercial proceedings, but also in criminal proceedings and is a manifestation of the concept of restorative justice. As a confirmation of the relevance of the research topic, judicial statistics of consideration of materials of criminal proceedings on the basis of agreements by courts of first instance are given, which confirms the necessity and importance of such a legal institution.The norms of international normative legal acts, where the institute of mediation was embodied, are analyzed. Also are considered the main provisions on the application of agreements in the criminal procedure legislation of Ukraine. It was stated that mediation is possible within the framework of the conciliation agreement.The opinion is expressed that the application of the relevant legal institution in criminal proceedings will facilitate the adoption of a special law «Mediation» and analyzed the lawmaking in this area. The next step could be amending the criminal procedure legislation of Ukraine. Number of issues need to be clarified, including: what will be the status of a mediator in criminal proceedings (his rights and responsibilities, guarantees of independence, etc.); what is the procedural order of mediation; what is the procedural form of completion of the mediation procedure and some others.Particular attention is paid to the definition of a person who can be a mediator and his legal status in criminal proceedings. The positions of scientists who believe that mediators can be prosecutors, lawyers and psychologists are considered. The opinion was expressed regarding the acquisition of special education by such a person and the acquisition of relevant knowledge and skills.It is concluded that the punitive-repressive approach to counteracting the commission of crimes is not effective enough, so it is necessary to introduce mechanisms of alternative conflict resolution procedures, in particular, medi-ation. At the same time, implementation of mediation requires further scientific reflection and discussion, as well as the political will of the legislator to adopt the relevant law and amend the criminal procedure legislation.

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Rafid A, Noercholis. „PENERAPAN RESTORATIVE JUSTICE TERHADAP TINDAK PIDANA PENCEMARAN NAMA BAIK DALAM HUKUM PIDANA ISLAM“. Comparativa: Jurnal Ilmiah Perbandingan Mazhab dan Hukum 3, Nr. 1 (23.10.2022): 71–87. http://dx.doi.org/10.24239/comparativa.v3i1.27.

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This research discusses the application of restorative justice to criminal defamation in Islamic criminal law. This research is a literature research that examines literature related to problems that are studied using normative theological approaches and juridical approaches. This study aims to elaborate and compare the application of restorative justice to criminal defamation in Islamic criminal law and national criminal law. The implication of this study is that the application of restorative justice to defamation crimes in Islamic criminal law is resolved by mediation (outside the court) first and then through the court channel.

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Ab Aziz, Norjihan, und Nasimah Hussin. „THE APPLICATION OF MEDIATION (SULH) IN ISLAMIC CRIMINAL LAW“. Jurnal Syariah 24, Nr. 1 (13.07.2017): 115–36. http://dx.doi.org/10.22452/js.vol24no1.5.

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Imanbaiev, S. M., und A. H. Romanova. „COMPARATIVE LEGAL ANALYSIS OF THE MEDIATION INSTITUTE UNDER THE CRIMINAL PROCEDUR LEGISLATION OF THE REPUBLIC OF KAZAKHSTAN, THE USA AND GREAT BRITAIN“. Scientific journal Criminal and Executive System: Yesterday. Today. Tomorrow 2021, Nr. 2 (15.12.2021): 35–48. http://dx.doi.org/10.32755/sjcriminal.2021.02.035.

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This article focuses on a comparative legal analysis of one of the alternative dispute resolution methods – mediation – in the criminal procedure legislation of the Republic of Kazakhstan, the USA and Great Britain, considering various programs and projects on mediation used in the USA and Great Britain, in order to apply the experience of the above mentioned countries to improve the mediation institution and reduce the level of recidivism in the Republic of Kazakhstan. The authors made the conclusion that the proper use of mediation in the criminal procedure contributes to a more active involvement of victims in the process of restoring their rights and freedoms, which were violated by the offenders. An increasing number of crime victims prefer to meet face to face with their offenders in order to inform how the crime has affected their lives, get answers to many unresolved questions and take a direct part in bringing offenders to justice for the harm caused. A victim and offender mediation is a viable alternative to traditional punitive measures to meet the victims` needs. The main advantage of mediation in criminal proceedings for the victim is that he or she can ask the offender all the questions that could not have been answered during the trial. In addition, participation in mediation between the victim and the offender can help humanize the latter and prevent future offenses. In addition, the authors conclude that it is necessary to amend the Law of the Republic of Kazakhstan “On Mediation” regarding compensated damage to the victim by a person who has committed a criminal offense, and also propose to amend this Law regarding the mechanism for implementing the mediation institution, establishing a state body to control the activities of mediators, and specifying accreditation and disciplinary responsibility of mediators. Key words: mediation, restorative justice, criminal offense, victim, criminal, punishment, recidivism, conciliation procedures, mediator, compensation for damage, court of biys.

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Hatta, Muhammad. „Penyelesaian Perkara Pidana Melalui Mekanisme Mediasi“. Al-Jinayah Jurnal Hukum Pidana Islam 4, Nr. 2 (09.12.2018): 220–46. http://dx.doi.org/10.15642/aj.2018.4.2.220-246.

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In the Indonesian legal aspect, mediation can be applied to all civil cases, even before the judge checks the lawsuit in court, the judge must direct the disputing parties to take part in the mediation session. On the contrary, mediation cannot be applied to criminal cases because it is not regulated in criminal procedural law. In Islamic criminal law, cases that can be resolved through mediation are qisas, diyat and ta`zir. Qisas and diyat known as penalties that have been determined by the nash which violate human rights (individuals) so that victims or their heirs can forgive the perpetrators. To get forgiveness from the victim's heirs, the perpetrator can ask someone, organization or government as a mediator to consult so that the victim's heirs will forgive the perpetrator's mistake. Furthermore, taâ€™zir is fully handed over to government policy (ulil amri), including the material law and procedural law. The government can make regulations that adopt mediation mechanisms to resolve conflicts that occur in the community.

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Sadruk, O. M., und O. I. Tyshchenko. „Mediation in the criminal process of Ukraine: prospects for legislation“. Legal horizons, Nr. 21 (2020): 117–21. http://dx.doi.org/10.21272/legalhorizons.2020.i21.p117.

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The scientific article is devoted to the analysis of the mediation process as an attempt to reach a voluntary understanding (reconciliation) between the victim and the offender to compensate for material and moral damage through impartial, prepared for resolution of the conflict between the person and the mediator. The paper examines the concept of "mediation", the need for its introduction in national legislation, as well as the advantages and disadvantages of this procedure, which are observed in the experience of foreign countries. The international legal acts containing norms on mediation, the current criminal procedural legislation of Ukraine, the draft law "On mediation" are analyzed. The views of scholars and judges on the feasibility of legislative regulation of mediation in Ukraine have been studied. The norms of the Criminal Procedure Code regarding the conciliation agreement are analyzed and certain changes to the mentioned provisions are proposed, in particular, the separation of such a subject of conflict resolution as a mediator. Conclusions and proposals aimed at improving criminal procedural legislation have been formulated. Attention is drawn to the fact that the basic principles of mediation, the scope of its application, the range of criminal proceedings in which mediation is possible, the requirements for mediators and the conditions for acquiring the status of a mediator, the legal status of a mediator are required. Moreover, they proposed their own views on enshrining certain provisions related to mediation in the legislation for the effective operation of the mediation institution. Because it is no coincidence that mediation as an alternative way of resolving disputes is developed in international practice and it is justified that the European community pays considerable attention to mediation as an alternative way of resolving disputes in various spheres of society.

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Alexandrova, A. V. „ALTERNATIVE TO CRIMINAL PROSECUTION IN FOREIGN LAW“. Proceedings of the Southwest State University 22, Nr. 2 (28.04.2018): 152–57. http://dx.doi.org/10.21869/2223-1560-2018-22-2-152-157.

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In this article, alternative methods of criminal prosecution are considered using the example of foreign countries. The Institute for the Exemption from Prosecution of the person who committed the crime is provided for in foreign legislation in criminal and criminal procedural law. There are many legal institutions serving as alternatives to criminal prosecution. Most of them are called upon to reconcile the conflicting parties - the victim and the perpetrator. Conflict resolution entails the termination of prosecution, which is possible both at the pre-trial stage and after the start of the trial. As a rule, the use of such alternatives is allowed in cases of crimes with a low degree of public danger, and in the event that the consequences of such acts can be eliminated or material damage is compensated. Law enforcers in foreign countries most often refer to the following measures, which are alternatives to criminal prosecution: mediation, payment of a fine, transaction and refusal of criminal prosecution in view of its inexpediency. It seems that there are several options for classifying foreign countries depending on the institutions that are characteristic for them, allowing legitimate avoidance of criminal prosecution. The existence of a variety of alternatives to criminal prosecution, as well as conciliation procedures in the legislation of some countries of Western Europe and the United States are aimed at maintaining a reasonable balance between the punitive potential of criminal law and incentive standards, which is expressed in the ban on the refusal to prosecute certain categories of crimes, including on those where there is a public interest. The application of alternatives to criminal prosecution makes it possible to exclude the consequences of criminal acts outside procedural ways, to find the best means of combating crime, and to facilitate the resocialization of the perpetrators of the crime.

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Rakman, Fuad Fatkhu. „Alternatif Penyelesaian Sengketa (APS) Berlandaskan Al-Qur’an dan Al-Hadits“. TAWAZUN : Journal of Sharia Economic Law 6, Nr. 1 (31.07.2023): 28. http://dx.doi.org/10.21043/tawazun.v6i1.16651.

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This study aims to determine the basis for Alternative Dispute Resolution (APS) which includes mediation, negotiation, conciliation, and arbitration in Islamic law taken from the Qur'an and Al-Hadith. The essence of the problem to be revealed in this study is to find models of Dispute Resolution at the time of the Prophet Muhammad SAW. The research method used in this study is a literature study research model by relying on books, articles, journals, and turots as sources of research data. The results of this study found that at the time of the Prophet Muhammad SAW had encountered the practice of resolving disputes through Alternative Dispute Resolution (APS). This is proven by, first, the finding of the arguments for negotiation, mediation, conciliation and arbitration from the Qur'an and Hadith, secondly, the prophet Muhammad SAW negotiated with Suhail Bin 'Amr as a negotiator for the polytheists in the form of a hudaibiyah agreement, the three prophets Muhammad SAW became a mediator in reconciling two people from the ansor circles who were in dispute over material rights, fourth it was found that the prophet Muhammad SAW justified the arbitration carried out by Abu Shuraykh and Sa'ad Bin Muadz.

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Perdana, Surya. „The Government as the Intermediate in the Settlement of Labor Disputes in Indonesia“. Journal of Law and Sustainable Development 11, Nr. 6 (12.09.2023): e1225. http://dx.doi.org/10.55908/sdgs.v11i6.1225.

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Purpose: Therefore, it is essential to know the impact of peace settlement efforts which must be carried out outside the court as a formal condition for filing a lawsuit to the Industrial Relations Court. Theoretical framework: When there is a dispute between workers and employers, government intervention and authority is needed. So that at this stage, labour law is related to public law, both in the aspects of state administrative law, state administrative law and criminal law. Ass a third part, the government helps resolve labour disputes through bipartite, mediation, conciliation and arbitration. These pre-litigation steps are considered to slow down the settlement process in employment. Method/design/approach: The method used in this research is normative legal research or also known as doctrinal legal research, and the statutory and comparative approaches. Results and conclusion: The results of this study explain that written recommendations and minutes of mediation made by government officials in the field of employment, namely mediators, must be owned by workers/labourers who wish to file a lawsuit with the industrial relations court because the Constitutional Court stated that the minutes of mediation are formal requirements that the plaintiff must fulfil. Research implications: The mediation required by Law 2/2004 slows down workers from filing a lawsuit at the Industrial Relations Court (PHI) because the mediation minutes only contain matters of a purely administrative nature; even without the mediation minutes, the PHI judges are still digging into the issues and evidence. Evidence that will be used as a judge's consideration in deciding. So that the mediation minutes are not included as evidence in employment cases. Originality/value: The study in this research is fascinating because it will explain how the government should mediate employment cases.

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Bek, Dominika, und Olga Sitarz. „The impact of international treaties on the shape of national criminal law on the basis of Article 48 1 of the Istanbul Convention“. Nowa Kodyfikacja Prawa Karnego 52 (13.12.2019): 37–54. http://dx.doi.org/10.19195/2084-5065.52.3.

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The Council of Europe Convention on preventing and combating violence against women and domestic violence has been ratified by 29 countries, including Poland. Among other things, pursuant to art. 48, Parties shall take the necessary legislative or other measures to prohibit mandatory alternative dispute resolution processes, including mediation and conciliation, in relation to all forms of violence covered by the scope of this Convention. It is regulation that will provide a clear illustration of the reasons which render the implementation difficult or even impossible. Considerations set out in this paper will focus on three basic aspects — the ambiguity of the wording of art. 48 1, discrepancy between the legal text and its official substantiation, as well as the commanding and peremptory tone of its language.

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Jamaan Muidh Alzahrani, Jamaan Muidh Alzahrani. „Mediation as an amicable and peaceful means of resolving international disputes in law and Islamic law: الوساطة كوسيلة ودية سلمية لحل المنازعات الدولية في القانون الدولي والشريعة الإسلامية“. مجلة العلوم الإقتصادية و الإدارية و القانونية 6, Nr. 2 (30.01.2022): 86–103. http://dx.doi.org/10.26389/ajsrp.r270621.

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The topic of the research is of high importance, as it shows that mediation is the alternative idea of coercion, violence and the carrying of arms that arise between the conflicting countries, and that it is the duty of the international community To strive to put in place an appropriate framework for this method to codify it and apply it quickly and flexibly to resolve conflict between states; It is more effective in resolving disputes; Because it is a means of international dialogue, less expensive, more flexible, private and confidential. The nature of the research necessitated dividing it into an introduction, in which the researcher explained the subject of this research and the research plan. In the first topic, the definition of international law and conflict, and the jurisprudential criteria for distinguishing between legal and political disputes, then the researcher explained the role of the United Nations in resolving international disputes by peaceful means, and the means adopted by the League of Arab States in resolving Arab conflicts and its role in that, with mentioning the legal formulation It has adopted the principle of settlement, then the researcher mentioned some Arab disputes. Then the researcher explained in the second topic: the definition of mediation, its forms, its characteristics and advantages, the characteristics of the mediator, and the difference between it and arbitration. In the third topic, the researcher explained both reconciliation and mediation in Islamic Sharia and the importance and virtue of reconciliation and Islam’s respect for covenants and covenants. In the fourth topic, a comparison was made between mediation and conciliation in law and Islamic law, and then the research concluded with a conclusion in which some results were recorded. One of the most important results of this research: that conflicts are permanent and continuous, and as countries move and seek their interests, disputes occur, so it is necessary to adapt, control and define them disciplined until contained and resolved through mediation. Among the most important recommendations: the formulation of an independent and integrated law regulating the means of mediation, and putting it into practice, and that the countries of the world, especially the Islamic and Arab countries, must play their role in resolving disputes, as Islam commands us to pay attention to human interests and make them the first of its goals, and Islam is a law to be followed- such as loyalty The Covenant- and a way out for these countries from these and other conflicts.

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Weimann, Gunnar J. „Divine Law and Local Custom in Northern Nigerian zinā Trials“. Die Welt des Islams 49, Nr. 3-4 (2009): 429–65. http://dx.doi.org/10.1163/004325309x12548128581063.

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AbstractThe introduction of Islamic criminal law in twelve northern states of the Nigerian federation after 1999 was widely perceived as an attempt to Islamise the Nigerian state. In this article it is argued that the “šarī'a project” started as a pre-election promise, but was immediately supported by Muslim reform groups whose aim was not the establishment of an Islamic state but rather the imposition of šarī'a compliant behaviour on Muslims. Particular emphasis was put on illicit sexual relations (zinā). However, Muslim societies of northern Nigeria have a notion of zinā which differs in important aspects from the classical doctrine, and certain forms of socially accepted extramarital sexuality still exist. Based on an analysis of a sample of šarī'a court trials for rape, sodomy, incest and zinā, it is shown that the judicial practice in šarī'a courts has helped to mitigate the effects of Islamic criminal law on the traditional societies in northern Nigeria. In particular, accusations based on suspicion and pregnancy out of wedlock as proof of zinā have been rejected by the courts, thereby confirming the privacy of the family compound and traditional conflict resolution through mediation. At the same time, male control over female sexuality has been strengthened.

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Safitri, Cahya, Zul Akli, Nuibadah Nuribadah und Hidaya Hidayat. „TRAFFIC ACCIDENTS THAT CAUSE DEATH AT LHOKSEUMAWE POLICE STATION ISLAMIC CRIMINAL LAW PERSPECTIVE“. Proceedings of Malikussaleh International Conference on Law, Legal Studies and Social Science (MICoLLS) 3 (30.12.2023): 004. http://dx.doi.org/10.29103/micolls.v3i-.319.

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Traffic accidents, a problem that is rife in various developed countries and developing countries, especially such as in Indonesia, can be said to be frequent and even many traffic violations. Many people consider that problems and safety when traffic is a trivial matter without thinking about the impact of the actions they doTraffic accidents, is a problem that is rife in various developed and developing countries, especially such as in Indonesia, it can be said that there are often even many traffic violations. Throughout 2022, the number of traffic accidents in the Lhokseumawe Police Station area increased more than the previous year, which was 110 cases. An increase of approximately 143 cases remains a large number with 77 deaths, 6 serious injuries and 268 minor injuries. So that alternative solutions in Lakalantas cases are often resolved using alternative Mediation outside the court (Restorative Justice) through a peace process carried out by both parties, this is in accordance with Islamic Law which prioritizes the best solution, namely the peace agreement of both parties to resolve disputes with peace efforts. The results of the research conducted are known that the application of restorative justice to traffic accidents that cause death at the Lhokseumawe Police Station Islamic Criminal Law Perspective is guided by Law No.22 of 2009 concerning Road Traffic and Transportation, and also Police Regulation No.8 of 2021 concerning Handling Criminal Acts Based on Restorative Justice. Where the two agreed to settle disputes with the Restorative Justice system through mediation. Because in the case of the accident, there is no intentional element so that the settlement of the case can be resolved in a familial manner. Islamic Penal Law holds that the Restorative Justice system is related to the concept of forgiveness or the concept of Al-Afwu. By going through the process of Islah or Al-Shulhu which is the process of solving things by familial means. In accordance with the meaning of Islah which means "to fix" in this case the case, and aims to achieve peace. In accordance with the concept of Al-Shulhu.

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., Sugianto, und Wahyu Oktaviandi. „Strengthening Implementation of the Justice Restorative Justice in the Perspective of Law Number 16 Year 2004 on the Judiciary and Islamic Law“. International Journal of Research and Review 8, Nr. 11 (30.11.2021): 410–18. http://dx.doi.org/10.52403/ijrr.20211152.

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Restorative Justice is an approach to justice that focuses on the needs of the victims and perpetrators of crime, as well as involving the community, not to follow the principle of punishment for the perpetrators accompanied by the consideration of the judges. The principle of Restorative Justice process of the completion of the action a violation of law that occurs is done by bringing victims and offenders together talking. The act of punishment alternative to using the justice restorative should be pursued by the state so that the adhesion of unity of the nation become strong and become potential of socio economic development and politics of the country. The propriety of the imposition of a criminal through the justice restorative so the duty and responsibility of law enforcement to sharpen legal analysis and sensitive conscience of humanity. justice restorative aims to reconcile the conflicting parties. If offenders could be rehabilitated with other measures that better then the punishment should be avoided. In the penalty ta'zir, forgiveness and granting the minimum penalty is the criminal justice system of Islam that can change the penal system of retributive to restorative. This research problem is how the strengthening of restorative justice in the settlement of the criminal case according to Law Number 16 Year 2004 On the Prosecutor's office? How the actualization of the completion of the criminal case through the restorative justice perspective of Islamic Law?. The purpose of this study was to determine the strengthening of restorative justice in the settlement of the criminal case according to Law Number 16 Year 2004 On the Prosecutor's office and find out the actualization of the completion of the criminal case through the restorative justice perspective of Islamic Law. Methods this research was conducted using qualitative research a research process and understanding based on the methodology that investigates a phenomenon of social and human problems. The results of this study concluded, that the strengthening of restorative justice in the settlement of the criminal case according to Law Number 16 Year 2004 On the Prosecutor's office through a mediation that can be used in resolving a criminal case. A new breakthrough in the Indonesian criminal justice system in the completion of a criminal offence outside the court. Keywords: Strengthening of Justice, Restorative Justice, Attorney General and Islamic Law.

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Serebrennikova, A. V., und A. A. Trefilov. „Alternatives to Criminal Prosecution in Court Proceedings of the Principality of Liechtenstein“. Lex Russica 74, Nr. 1 (20.01.2022): 164–71. http://dx.doi.org/10.17803/1729-5920.2022.182.1.164-171.

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The paper examines alternatives to criminal prosecution under the Liechtenstein Criminal Procedure Code of 1988 based on normative and doctrinal sources. The interest in the topic is not accidental. This institution is one of the most developed in the legal system of the Principality. The general conditions of alternatives to criminal prosecution are analyzed, it is shown to what procedural moment and on whose initiative they can be applied. The grounds for refusing criminal prosecution against both individuals and legal entities have been investigated, since both, according to Liechtenstein law, can be given the status of the accused. It is shown that these alternatives, as a rule, have a conditional character and if the accused has not fulfilled the duties assigned to him, then criminal proceedings against him are subject to resumption. Since one of the tasks of restorative justice is to protect the rights and legitimate interests of the victim, the Liechtenstein legislator regulates in detail his participation in various conciliation procedures with the participation of the accused through the mediation of the body conducting the proceedings. The paper summarizes that the inclusion in the Liechtenstein CPC of an extensive list of alternatives to criminal prosecution is due to the desire of the legislator both to humanize criminal proceedings and to ensure compliance with reasonable deadlines for the consideration of cases. The Liechtenstein legislator differentiates alternatives to criminal prosecution against individuals and legal entities, since the legal and economic situation of these subjects of law and subjects of criminal proceedings differs in many ways. The legal consolidation and practical application of alternatives to criminal prosecution in Liechtenstein harmoniously fits into the general vector of the evolution of judicial proceedings in many European countries (France, Germany, Switzerland, Austria, etc.).

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Anwar, Nuril, und Rosalinda Elsina Latumahina. „PERLINDUNGAN HUKUM TERHADAP KONSUMEN ATAS KERUGIAN AKIBAT MEMBELI DAGING SAPI GLONGGONGAN“. Bureaucracy Journal : Indonesia Journal of Law and Social-Political Governance 2, Nr. 1 (30.04.2022): 141–54. http://dx.doi.org/10.53363/bureau.v2i1.20.

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The rampant circulation of glonggongan beef causes losses for consumers because they get a discrepancy in the quality of the beef so that it has an impact on the health and safety of consumers when consuming glonggongan beef. This study will examine the form of protection for consumers and the form of government responsibility related to the sale of glonggongan beef in traditional markets. This study uses a normative method, with a statutory approach and a conceptual approach to answer the formulation of the problem in this study. Based on the results of the research, the form of legal protection for consumers for quality discrepancies in glonggongan beef is in the form of compensation which includes products, treatment costs, medical costs and criminal prosecution. This form of legal protection for consumers is regulated in Article 19 of the Consumer Protection Law concerning the accountability of business actors and Article 8 of the Consumer Protection Law concerning prohibitions for business actors. In terms of the government's responsibility regarding the circulation of glonggongan beef, efforts are made to overcome it either with criminal law (Penal Efforts) or without criminal law (Non-Penal Efforts). In the penal effort, dispute resolution efforts are carried out through the courts by carrying out administrative and criminal prosecutions. In addition, the penal effort can also be carried out out of court through BPSK or LPKSM with 3 (three) settlement procedures, namely Conciliation, Mediation and Arbitration. Meanwhile, Non-Penal Efforts carried out by the government as a form of responsibility are by conducting outreach or outreach to the community, raids with other law enforcement officers, taking firm action and tightening supervision in the upstream sector, namely slaughterhouses

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Koloeva, L. A. „Resolution of Civil Disputes аccording to the Norms of Adat and Sharia among the Ingush“. Kunstkamera 19, Nr. 1 (2023): 121–34. http://dx.doi.org/10.31250/2618-8619-2023-1(19)-121-134.

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The study is devoted to the issues of resolving disputes arising in civil legal relations in the modern life of the Ingush, the ways of reconciling the parties according to the norms of pre-Islamic legal complexes of customary law (adat) and Muslim law (Sharia). To achieve the goal of the research, the tasks of studying the most frequent categories of disputes, forms of appeal to resolve them and to conduct a conciliatory mediation procedure are identified. Issues related to the definition of jurisdiction of disputes, the mechanism of mediation, the issues of establishing the legal basis for litigation in the investigated category of disputes and methods of the conduct of paperwork, as well as the mechanism for the enforcement of decisions made to resolve disputes were also studied. Due to the lack of sufficient published materials on the topic under study, field research is carried out in the Sunzhensky, Nazran and Malgobek districts of Ingushetia in 2021-2022. During conversations with mediators, members of conciliation commissions, plaintiffs and defendants, the information regarding the practices of resolving civil law disputes by imams of rural mosques, the Qadiyat of the Sharia court at the Spiritual Administration of Muslims of Ingushetia, was collected.

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Fatkhurakman, Fuad, und Syufaat Syufaat. „PENYELESAIAN SENGKETA EKONOMI SYARIAH DALAM HUKUM ISLAM SERTA PANDANGAN HUKUM POSITIF PADA PELAKSANAANNYA“. Journal of Indonesian Comparative of Syari'ah Law 6, Nr. 1 (04.07.2023): 107–28. http://dx.doi.org/10.21111/jicl.v6i1.9702.

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AbstratcThis study aims to determine the Alternative Dispute Resolution (APS) model which includes mediation, negotiation, conciliation, and arbitration in Positive Law and Islamic law which are taken from the Al-Qur'an and Al-Hadith. The essence of the problem to be uncovered in this study is to find Dispute Resolution models at the time of Rasulullah SAW and the mechanism according to Positive Law in resolving sharia economic disputes. The research method used in this study is a literature study research model by relying on books, articles, journals, and turots as sources of research data. The results of this study found that at the time of the Prophet Muhammad SAW had encountered the practice of resolving disputes through Alternative Dispute Resolution (APS). This is proven by, first, the finding of the arguments for negotiation, mediation, conciliation and arbitration from the Qur'an and Hadith, secondly, the prophet Muhammad SAW negotiated with Suhail Bin 'Amr as a negotiator for the polytheists in the form of a hudaibiyah agreement, the three prophets Muhammad SAW became a mediator in reconciling two people from the ansor circles who were in dispute over material rights, fourth it was found that the prophet Muhammad SAW justified the arbitration carried out by Abu Shuraykh and Sa'ad Bin Muadz.Keywords: Dispute Resolution, Sharia Economy, Positive Law, Islamic Law.AbstrakPenelitian ini bertujuan mengetahui model Alternatif Penyelesaian Sengketa (APS) yang meliputi mediasi, negosiasi, konsiliasi, dan arbitrase dalam Hukum Positif dan hukum Islam yang dipetik dari Al-Qur’an dan Al-Hadits. Inti permasalahan yang ingin diungkap dalam penelitian ini adalah menemukan model-model Penyelesaian Sengketa pada zaman Rasulullah SAW dan mekanismenya menurut pandangan Hukum Positif dalam menyelesaikan sengketa ekonomi syariah. Adapun metode penelitian yang digunakan dalam penelitian ini adalah model penelitian studi kepustakaan dengan mengandalkan buku, artikel, jurnal, dan turots sebagai sumber data penelitian. Hasil dari penelitian ini menemukan bahwa pada masa Rasululloh SAW telah dijumpai praktek pendamaian sengketa melalui Alternatif Penyelesaian Sengketa (APS). Hal ini di buktikan dengan, pertama, ditemukannya dalil negosiasi, mediasi, konsiliasi dan arbitrase dari Al-Qur’an dan Hadits, kedua, nabi Muhammad SAW melakukan negosiasi dengan Suhail Bin ‘Amr sebagai negosiator kaum musyrik dalam wujud perjanjian hudaibiyah, ketiga nabi Muhammad SAW menjadi mediator dalam mendamaikan dua orang dari kalangan ansor yang berselisih dalam hak kebendaan, keempat ditemukan bahwa nabi Muhamad SAW membenarkan arbitrase yang dilakukan oleh Abu Syuraikh dan Sa’ad Bin Muadz.Kata-kata kunci : Penyelesaian Sengketa, Ekonomi Syariah, Hukum Positif, Hukum Islam.

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Triana, Nita. „Alternative Dispute Resolution Model in the AJB Bumiputera Life Insurance Company of Purwokerto in Shari'ah Perspectives“. AL-'ADALAH 15, Nr. 2 (24.01.2019): 367. http://dx.doi.org/10.24042/adalah.v15i2.3004.

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Resolution of disputes by way of litigation always takes a long time, expensive dan results in a win and lose solution. Therefore resolution outside the court( non-litigation) is an alternative choice. This study analyses the resolution of insurance disputes using several methods or models outside the Court. This research is non-doctrinal legal research, with a socio-legal approach. It analyses a settlement model used by of Life Insurance AJB Bumiputera Purwokerto in the event of default of the insured/customer premium and the customer’s insurance claim against the company. The settlement involves several stages, first, by means of consultation and negotiation, second by means of mediation involving OJK (Financial Services Authority) as a neutral mediator, and the last, by means of conciliation and arbitration. In the perspective of Islamic law, this solution model is similar to the concept of sulh, a type of disputes resolution in which the conflicting parties drive to settle their dispute peacefully.

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Fawaiq Sayyaf, R. Tanzil. „Peran pemerintah dalam mempromosikan alternatif penyelesaian sengketa di Indonesia“. Asy-Syari’ah : Jurnal Hukum Islam 10, Nr. 2 (30.06.2024): 1–12. http://dx.doi.org/10.55210/assyariah.v10i2.1633.

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The Indonesian government has implemented diverse initiatives to foster a nonviolent approach to resolving family law conflicts. The study will examine the involvement of governments and their initiatives in advocating for conflict resolution as a viable method for addressing societal concerns. The aggregation of cases handled by multiple courts led to a prolonged resolution of the recorded concerns. This study will focus on two distinct problem formulations. Firstly, we will discuss the government's role in promoting alternative dispute resolution as a solution to difficulties. Secondly, we will examine why government techniques for implementing alternative conflict resolution are superior to resorting to court proceedings for dispute settlement. This research aims to enhance people's understanding of the government's provision of non-judicial or alternative dispute resolution. The report seeks to analyze the government's initiatives in addressing the issue of Islamic family law. This study will utilize library research and significant data regarding specific government initiatives. This will be accomplished using a legal and normative approach. The study findings indicate that the government is actively promoting alternative methods of resolving disputes, such as mediation. This is being done through the implementation of mediation in the courts, improving legal aid services, enacting laws on a large scale, and encouraging the utilization of information and communication technologies. The strategy is executed by promoting mediation and conciliation in all court proceedings, establishing dispute resolution centers, empowering women to reduce disputes related to women, promoting legal education and awareness, and maximizing the utilization of technology and information.

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Muhammad, Rusjdi Ali. „UPAYA PERDAMAIAN UNTUK PENYELESAIAN PERKARA PIDANA Reaktualisasi Kearifan Lokal dalam Hukum pidana Indonesia“. LEGITIMASI: Jurnal Hukum Pidana dan Politik Hukum 10, Nr. 2 (19.11.2021): 171. http://dx.doi.org/10.22373/legitimasi.v10i2.11339.

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One characteristic of Islamic law is not explicitly distinguished between the domain of public law with private law. Sanctions for deliberate murder is Qisas for example, where the victim's heirs have more permanent role to choose the death penalty imposed (Qisas) or give forgive me by asking Diyat (compensation). Amount number of Diyat is also can be negotiated through a kind of mediation method called Shulh (peace). So here the element of private law is more dominant. Even Diyat can be released at all heirs of the victim initiatives. In this last case the State may punish the offender with ta'zir, so here its public law elements recur. This idea is not unknown in Indonesian positive law provisions. The victim had usually been involved as a witness in his father murder case or rape case against her. In customary law in Aceh there are several institutions in efforts to realize peace for criminal cases, namely in the form of adat meulangga, dhiet, sayam or takanai (South Aceh). Principles of peace settlement of disputes may also be considered not only for civil cases but also in criminal cases. Thus the doctrine that says the criminal nature of a case will not remove although there is peace agreement, would need to be revisited. However it is important also to restrict that not every criminal case could be solved by peace agreement. Criminal cases like premeditated murder and rape should be excluded from the possibility of peace agreement.

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Zain, Irma Istihara. „MEDIASI DALAM PEMBIAYAAN MOBIL PERSPEKTIF HUKUM ISLAM DI BADAN PENYELESAIAN SENGKETA KONSUMEN KOTA MATARAM“. Asy-Syari'ah 21, Nr. 2 (17.02.2020): 257–80. http://dx.doi.org/10.15575/as.v21i2.6521.

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Abstract: The development of payment system that is easier accessed by consumer makes the consumer feels that that they has been given the ease of meeting their needs such as vehicle or in this case car. It is uncommon for the consumer to think about the impact that will occur in the future when their rights are not fulfilled as consumer. Consumer Dispute Resolution Agency (BPSK) has the role of protecting the rights of consumer and businessmen through arbitrage, conciliation, and mediation. However, most of the dispute was strived to be resolved through mediation. BPSK can verify the default clauses specified by businessmen. The complaint related to the lost he experienced can be prepared in writing or verbally through BPSK. This study aimed to give education and illustration about the mediation of car financing in BPSK of Mataram City, to explain the causative factors of dispute in BPSK, and to explain mediation of car financing in BPSK of Mataram City according to Islamic Law Perspective. This study used qualitative method through case approach. Case approach is an approach that raising issues by observing some similar cases. At the end of the study, the stages of mediation dispute resolution for car financing based on positive law concept and Islamic law concept can be found since both concepts are prioritizing justice. However, BPSK adopted three stages called request, trial, and resolution while in Islamic law concept prioritized pillars and condition. Besides that, the causative factor of car financing dispute in BPSK is contract violation. Keywords: Mediation, Car Financing, Consumer Dispute Settlement Agency, Islamic LawAbstrak: Berkembangnya sistem pembiayaan yang sangat mudah di jangkau oleh konsumen, membuat konsumen merasa diberi keringanan khususnya dalam pemenuhan kebutuhan seperti kendaraan bermotor yang dalam hal ini mobil. Sehingga tidak jarang konsumen memikirkan dampak yang terjadi di kemudian hari ketika tidak terpenuhinya hak yangseharusnya didapatkan sebagai konsumen. Sehingga BPSK memiliki peranan dalam melindungi hak-hak konsumen ketika dirugikan yaitu dengan melakukan penyelesaian sengketa antara konsumen dan pelaku usaha, melalui arbitrase, konsiliasi maupun mediasi, namun diupayakan penyelesaian sengketa dengan cara mediasi. BPSK dapat memeriksa klausula baku yang dicantumkan oleh pelaku usaha. Pengaduan dapat dilakukan secara tertulis ataupun lisan melalui BPSK terkait kerugian yang dialaminya. Penelitian ini berujuan untuk memberi edukasi dan gambaran terkait mediasi dalam pembiayaan mobil di BPSK Kota Mataram. Menjelaskan faktor penyebab timbulnya sengketa di BPSK. Dan menjelaskan mediasi dalam pembiayaan mobil di BPSK Kota Mataram perspektif hukum Islam. Metode yang digunakan yaitu kualitatif, pendekatan yang digunakan dengan mengangkat isu-isu yang muncul dengan mengaati beberapa kasus oleh karena dengan metode tersebut dinamakan dengan pendekatan kasus atau dengan kata lain case approach. Sehingga tata cara pelaksanaan penyelesaian sengketa mediasi dalam pembiayaan mobil berdasarkan konsep hukum positif dan konsep hukum Islam dapat ditemukan melalui penelitian ini. Konsep tersebut sama-sama mengutamakan keadilan, namun di BPSK mengadopsi 3 tahapan, yaitu permohonan, persidangan dan putusan sedangkan dalam konsep hukum Islam mengutamakan rukun, syarat serta prinsip-prinsip dalam mediasi. Selain itu faktor dari timbulnya sengketa pembiayaan mobil di BPSK yaitu adanya cidera janji atau wanprestasi. Kata Kunci: Mediasi, Pembiayaan Mobil, Badan Penyelesaian Sengketa Konsumen, Hukum Islam

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Saragih, Dewi Shinta. „SETTLEMENT OF CRIMINAL CASES OF CHILD MOLESTATION THROUGH ALTERNATIVE DISPUTE RESOLUTION“. Proceedings of Malikussaleh International Conference on Law, Legal Studies and Social Science (MICoLLS) 3 (30.12.2023): 0010. http://dx.doi.org/10.29103/micolls.v3i-.343.

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Children are the most vulnerable subjects to become victims of crime, crimes that often occur among children, one of which is sexual violence such as fornication, lewd acts regulated in Chapter XIV book II concerning Crimes Against Decency, obscenity is regulated in Article 289 of the Criminal Code. The rise of obscenity cases that occur in Indonesia does not rule out the possibility that it also occurs in Lhokseumawe, according to data found at the Lhokseumawe Police Station that many cases of obscenity must be stopped due to lack of evidence so that the settlement of obscenity cases must be resolved by mediation based on Aceh Qanun Number 9 of 2008. The purpose of this study is to find out how the perspective of Islamic law on solving the crime of molestation against children using Aceh Qanun Number 9 of 2008. The research method uses an empirical juridical type using a qualitative and descriptive approach. The results of the research conducted are known that cases of child abuse are resolved through Alternative Dispute Resolution (ADR) by means of more efficient mediation, because this is in line with the principle of expediency in criminal law, and is supported by Aceh Qanun Number 9 of 2008 concerning the Development of Customary Life and Customs which is the process of solving something by family means with the aim of improving.

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Al-Saleh, Ebtisam, Kefah Al-Soury und Hanan Al-Daher. „The concept and scope of restorative justice for juveniles According to the Islamic and Jordanian Legislations“. Journal of Social Sciences (COES&RJ-JSS) 9, Nr. 2 (01.04.2020): 482. http://dx.doi.org/10.25255/jss.2020.9.2.482.504.

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The adoption of the restorative justice approach is more appropriate for the children in conflict with the law and more sensitive to achieving their best interests and rehabilitating them to facilitate their reintegration into society again ( socializing ), and to play a constructive role in the society, and not to return to violating the law again, unlike the traditional policy in the criminal justice, which did not give the sufficient weight to the personal and objective circumstances of the child , and it focused on the punishment and criminalization for every wrongful act without looking at restorative alternatives to the convicted child . The restorative justice, therefore, is an alternative approach to the ordinary criminal procedure in certain cases. The judicial system is not the only procedure that must address the phenomenon of children in conflict with the law in all cases. In certain cases, it is better to conduct a dialogue and mediation between the perpetrators and the victims, with the aim of reaching to repair the harm and to rehabilitate the perpetrators (children) according to the measures outside the judicial system. This is what Islamic Shari’a called fourteen centuries ago. The Shari’a (Islamic Law) defined the criminal reconciliation and approved it as one of the most serious types of crimes against the self by the adult, as it has indicated. According to the Shari’a, the juvenile, whether he is cognizant or not of, is not criminally responsible for the violations he commits nor a case will be filed against him and no penal action will be taken against him.

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Sirotkina, M. „LEGAL NATURE OF THE RIGHT TO COMPROMISE AND ITS INFLUENCE ON THE CRIMINAL PROCEDURE“. Herald of criminal justice, Nr. 1-2 (2021): 52–64. http://dx.doi.org/10.17721/2413-5372.2021.1-2/52-64.

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An effective way to resolve a conflict that has arisen as a result of a criminal offense may be the use of compromise procedures in criminal proceedings, along with traditional ones, the effectiveness of which is proven by law enforcement experience in almost all progressive countries with established legal traditions. Despite the significant contribution of scientists to the development of compromise issues in criminal proceedings, a significant number of its theoretical and practical aspects have not been studied, disclosed in fragments, incompletely or have not received a clear solution. None of the scholars has fully studied the right to compromise and the forms of its implementation in criminal proceedings, the legal nature of the right to compromise and its impact on the criminal procedure. The purpose of the article is to study the legal nature of the right to compromise and its impact on the criminal procedure form through certain forms of implementation of the above right: study of the implementation of objective and subjective right to compromise in criminal proceedings; determination of holders and subjects of realization of the right to compromise; outlining approaches to the differentiation of criminal procedure; differentiation of conciliation procedures in criminal proceedings from the forms of realization of the right to compromise, etc. It is noted about the positive impact of the right to compromise in criminal proceedings on its participants, which allows to take into account their interests in resolving the criminal conflict and eliminate the negative consequences of criminal acts for the parties to the conflict and for the state and society as a whole. It is concluded that for criminal procedure law in general, and the right to compromise in particular, an important dominant and factor is individualization. Thus, the bearers of the right to compromise in criminal proceedings are the victim and the suspect (accused), as the right to compromise is a personal right. It is stated that the implementation of the right to compromise in the criminal process of Ukraine has influenced the criminal procedure, finally changing it, and led to the emergence of a new type of criminal process – pragmatic. The pragmatic type of criminal process can be traced in the norms of domestic legislation concerning the exercise of the right to compromise in the criminal justice of Ukraine, both through its private-pragmatic and public-pragmatic types. A striking example of a private-pragmatic type of process in the exercise of the right to compromise is the use of such institutions as the release of a person from criminal liability in connection with reconciliation, a reconciliation agreement between victim and suspect (accused) and we can safely say that this expression the type of process in the future will find during the application of the institution of mediation in criminal proceedings (in the case of its introduction in court). The provisions concerning the scope of the public-pragmatic type of process should include a plea agreement. It is concluded that the forms of realization of the right to compromise in the criminal process of Ukraine are release from criminal liability in connection with the reconciliation of the guilty with the victim, agreements on reconciliation and guilt, mediation.

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Andrizal, Andrizal, und Mohammad Yusuf Daeng. „Penyelesaian Sengketa Kewarisan Anak Angkat Yang Memiliki Keterangan Indentitas Sebagai Anak Kandung“. Jurnal Ilmu Hukum 12, Nr. 1 (01.03.2023): 63. http://dx.doi.org/10.30652/jih.v12i1.8541.

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Adopted children who have an identity as biological children have the potential to cause inheritance disputes with heir relatives if not resolved through mediation. In Islamic law, the permissibility of adopting a child is limited as long as it is not equated with biological children. This further applies to the civil rights of adopted children including inheritance rights. Adopted children are not entitled to a share of the inheritance and can only get a share based on the obligatory will of their adoptive parents according to the level of the will and not exceeding one-third of the parent's assets. If it exceeds a third of the assets of his parents, then he must obtain the approval of the heirs. On the other hand, the existence of adopted children who have residence documents as biological children has the potential to become a dispute, one of which is the issue of inheritance. In resolving these disputes, mediation as a way of settling cases in a non-litigation process is in principle the first step in efforts to seek law and justice that must be put forward rather than through lawsuits or other law enforcement. This is because in inheritance disputes that occur between adopted children who have residence certificates as biological children have the potential to violate the Population Law and also the Criminal Procedure Code because if it is proven that they intentionally misused population data by providing incorrect information it will lead to actions that can be punishable criminal

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Absar, Absar Aftab. „Restorative Justice in Islam with Special Reference to the Concept of Diyya“. Journal of Victimology and Victim Justice 3, Nr. 1 (April 2020): 38–56. http://dx.doi.org/10.1177/2516606920927277.

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The theme of Quranic commands is promoting collective goodness and virtuous qualities in human beings and providing preventive and precautionary measures to minimize the commission of crimes. However, in the event of happening of crimes, fair and unbiased justice has been awarded the prime importance in the Islamic law, derived mainly from the Holy Quran, Hadith and compilations of Islamic jurisprudence. The Islamic law has deeply embedded elements of what we call today as the restorative system; an alternative paradigm being advocated globally since the 1970s for tackling the trend of rising crimes and relatively low efficacy of the conventional retributive form of justice and the preventive theory of punishment. The law of Qisas (retaliation), the practices of conciliation or Suluh, restitution or compensation ( Diyya, meaning blood money), isolation, forgiveness, community service, warning, fining and reintegration are all components of the Islamic law which are very much analogous to the concept of restorative justice. In all these matters, the role of the victim is dominant and central, a mandatory precondition of contemporary restorative practices. It is particularly relevant to discuss about the provisions under Diyya; a unique concept of the Islamic criminal justice system which is the payment of money to the victim of a violent crime and is very much analogous to the attributes of restorative justice. Diyya is not just limited to homicide; its provisions are applicable for any injury or incident resulting in bodily harm, intentional or unintentional, caused by another person. The payment can be made in substitution for the Qisas penalty at the request of the victim or it can be imposed if any of the procedural or substantive requirements for the imposition of Qisas have failed. It needs to be pointed out here that Diyya is translated as ‘blood money’, a negative connotation, undermining the virtues of this concept. It should better be seen as one of the best examples of restorative justice in the criminal justice systems of the world in the form of restitution to the victim paid by the guilty offender. There are numerous examples of implementation of Diyya in Islamic countries, where not only the lives of those who had been awarded death penalties were saved but also the families of victims were paid Diyya to help them rehabilitate and restore their place in the society. The procedures under Qisas and Diyya being victim-centric, the final option that victims have in a case of intentional homicide or wounding is to forgo both the penalty and restitution and forgive the offender; an act which has been highly appreciated in the Holy Quran and Hadith. It is pertinent to record here that the credibility of the concept of Diyya, its utilitarian nature and its restorative character are unambiguous, not only because it is a component of the Divine Law of Islam but also because of the fact that systems like Diyya are in practice in countries such as Japan and Korea and had been prevalent in many parts of Europe just about the time when Diyya was included as a tenet of the Islamic law. The concept of Diyya convincingly illustrates as to how restorative justice could have an edge over retributive and retaliatory justice.

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Sulistiyaningsih, Nur, und Anang Setiyawan. „Menyoroti Penyelesaian Sengketa Hukum Ekonomi Syariah di Indonesia: Sebuah Alternatif dan Tantangan“. Qawãnïn Journal of Economic Syaria Law 8, Nr. 1 (30.06.2024): 102–13. http://dx.doi.org/10.30762/qaw.v8i1.532.

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Penelitian ini mengkaji penyelesaian sengketa hukum ekonomi Syariah di Indonesia. Tujuan dari penelitian ini adalah untuk membandingkan model penyelesaian sengketa hukum ekonomi Syariah yang dilakukan sejak masa Rasulullah dan Hukum Positif di Indonesia. Penelitian ini merupakan penelitian normative yang menggunakan sumber data kepustakaan dimana peneliti mengumpulkan data-data secara sistematis dan dianalisis secara obyektif. Hasil penelitian yang diperoleh adalah berdasarkan Hukum Islam Klasik di zaman Rasulullah, penyelesaian sengketa diselesaikan dengan 2 jalur: melalui kekuasaan kehakiman dan di luar kekuasaan kehakiman. Sedangkan berdasarkan Hukum Positif Indonesia, penyelesaian sengketa hukum diselesaikan melalui jalur litigasi dan non-litigasi. Pada Hukum Islam Klasik dan Hukum Positif memiliki kesamaan yaitu sama-sama dapat diselesaikan melalui jalur pengadilan dan di luar pengadilan. Metode tersebut juga dipakai dan diakomodir dalam Hukum Positif di Indonesia berupa mediasi dan arbitrasi, bahkan ada metode lainnya yang dapat dipilih, yaitu: negosiasi, konsiliasi, konsultasi dan penilaian ahli. Sehingga, semakin pesatnya perkembangan ekonomi Syariah diimbangi dengan model penyelesaian sengketa hukum yang dapat menjadi pilihan. This research examines the resolution of Sharia economic law disputes in Indonesia. The aim of this research is to compare the Sharia economic law dispute resolution models that have been implemented since the time of the Prophet and those accommodated by Positive Law in Indonesia. This research is normative research that uses library data sources where researchers collect data systematically and analyze it objectively. The research results obtained are based on Classical Islamic Law at the time of the Prophet, dispute resolution was resolved in 2 ways: through judicial power and outside judicial power. Meanwhile, based on Indonesian Positive Law, legal disputes are resolved through litigation and non-litigation. Classical Islamic Law and Positive Law have similarities, namely that they can both be resolved through the courts and outside the courts. In the time of the Prophet, the court route was known as al qadha. This method is also used and accommodated in Positive Law in Indonesia in the form of mediation and arbitration, there are even other methods that can be chosen, namely: negotiation, conciliation, consultation and expert assessment. Thus, the increasingly rapid development of Sharia economics is balanced with legal dispute resolution models that can be an option.

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Dias, Fransiskus Xaverius. „PEMUTUSAN HUBUNGAN KERJA DI SUATU PERUSAHAAN YANG TIDAK BERDASARKAN DASAR HUKUM YANG TEGAS“. Jurnal Paradigma Hukum Pembangunan 4, Nr. 02 (31.05.2020): 170–84. http://dx.doi.org/10.25170/paradigma.v4i02.1647.

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Termination of Employment (PHK) is the termination of employment because something that results in the termination of rights and obligations between workers / employers and employers is regulated in Article 1 number 25 of Law Number 13 Year 2003 concerning Manpower. In termination of employment sometimes disputes arise. These disputes tend to occur because there is no common understanding between workers / laborers and employers regarding the termination of employment relations. Settlement of PHK disputes can be carried out by Bipartite, Mediation, Conciliation, Arbitration and the Industrial Relations Court. This study aims to find out how arrangements regarding layoffs associated with severe errors made by employees. The research method used in this study is normative juridical. Data sources used in the form of primary legal materials, secondary legal materials, and tertiary legal materials. The results showed that layoffs due to gross misconduct must not be carried out unilaterally by employers but must wait for the criminal justice process until a court decision has permanent legal force and states that the employee has been legally and convincingly proven to have made a serious mistake. The legal remedies that can be done by employees who are laid off are fighting through bipartite if bipartite fails then it can go through the court. The suggestion in this study is that a company should be in termination of employment (PHK) must comply with labor laws in force in Indonesia so that there are no parties who feel disadvantaged.

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Sulastri und Sovi Septania. „PROTECTION OF CHILDREN VICTIMS OF VIOLENCE IN THE FAMILY PERSPECTIVE OF ISLAMIC FAMILY LAW AND POSITIVE LAW (Study at the Lampung Province Child Protection Institute, the Damar Lampung Child Advocacy Institute and the Regional Technical Implementation Uni“. International Journal of Social Science 2, Nr. 2 (03.08.2022): 1523–34. http://dx.doi.org/10.53625/ijss.v2i2.3079.

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A child protection refers to any efforts aimed at ensuring and protecting children and their rights so that they can grow, develop, and contribute to their full potential while remaining safe from violence and discrimination. Child protection is handled by a number of organizations, namely the Child Protection Institute, Lampung, the child advocacy institution of Damar Lampung, and the Technical Implementation Unit for the Protection of Women and Children, Lampung. Despite the fact that these three organizations exist and operate, family violence against children continues to rise. The conclusions are (1) Threats, compulsion, fear, opportunity, power relations, economy, patriarchy, lack of morals, inability to control themselves, retribution, and lack of attention from biological moms to children's behavior are all prevalent reasons of violence against children in three institutions. The difference is that there is a sexual disorder, husband is afraid of his old wife, lack of communication between children and mother, home environment, access to meet is cut off, mother dies, revenge, persuasion, habit of having sexual relations. Study/add insight into Islam and practice it, learn and practice good morals, hang out a lot with pious and pious people, exercise self-control, psychological approach, intensity of education are some of the solutions to decrease them. (2) The types of services provided by child protection institutions, child advocacy institutions, and the Technical Implementation Unit for the Protection of Women and Children (UPTD PPA) are similar in terms of type of service, legal basis, service principle, Standard Operating Procedure (SOP) for mentoring, code of ethics, and ethics, but each has its own characteristics in terms of technical assistance, human resources, funding sources, and facilities. (3) The hadhanah concept (care, care, and education) is reflected in the perspective of Islamic family law and positive law on child protection carried out by three institutions, referring to Law No. 4 of 1979 concerning Child Welfare, Law No. 35 of 2014 on Child Protection, Law No. 11 of 2012 on Child Criminal Justice, Law No. 23 of 2004 on Marriage, Compilation of Islamic Law leading to District Courts (Criminal), Religious Courts (Civil), and Mediation.

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Marlina, Heni, und Mulyadi Tanzili. „Penyelesaian Sengketa Perbankan Syariah Melalui Litigasi Menurut Peraturan Perundang-Undangan Di Indonesia“. SALAM: Jurnal Sosial dan Budaya Syar-i 9, Nr. 5 (26.07.2022): 1445–60. http://dx.doi.org/10.15408/sjsbs.v9i5.27360.

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Banking has a function as an intermediary institution, namely mobilizing funds from people who have excess funds and channeling them back to people in need in the form of financing facilities. Banking has a vital role in the economic sector, especially in regulating the circulation of money in society. The research method used is a qualitative research method with a literature approach. The results of the study state that the settlement of sharia banking disputes through non-litigation can be carried out through arbitration and alternative settlements, which consist of consultation, negotiation, mediation, conciliation, or expert judgment as regulated in Law Number 30 of 1999 concerning Arbitration and Alternative Disputes. In arbitration, customers and Islamic banks are given the right to choose the material law to be applied as stipulated in Article 56 paragraph (2) of Law Number 30 of 1999 concerning Arbitration and Alternative Dispute Resolution.Keywords: Dispute Resolution; Syariah banking; Litigation Abstrak Perbankan memiliki fungsi sebagai intermediary institution, yakni mengerahkan dana dari masyarakat yang memiliki kelebihan dana dan menyalurkannya kembali kepada masyarakat yang membutuhkan dalam bentuk fasilitas pembiayaan. Perbankan memiliki peran vital dalam sektor perekonomian, khususnya dalam mengatur perputaran uang di masyarakat. Metode penelitian yang digunakan adalah metode penelitian kualitatif dengan pendekatan literatur. Hasil penelitian menyatakan bahwa penyelesaian sengketa perbankan syariah melalui non litigasi dapat dilakukan melalui arbitrase dan alternatif penyelesaian, yang terdiri dari konsultasi, negosiasi, mediasi, konsiliasi, atau penilaian ahli sebagaimana diatur dalam Undang-Undang Nomor 30 Tahun 1999 tentang Arbitrase dan Alternatif Sengketa. Dalam arbitrase, nasabah dan bank syariah diberikan hak untuk memilih hukum materil yang akan diterapkan sebagaimana diatur Pasal 56 ayat (2) Undang-Undang Nomor 30 Tahun 1999 tentang Arbitrase dan Alternatif Penyelesaian Sengketa.Kata Kunci: Penyelesaian Sengketa; Perbankan Syariah; Litigasi

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بوكروشة, حليمة, und أسماء أكلي. „الوساطة القضائية في القضايا الأسرية في ماليزيا: تحديات التطبيق، وآفاق التطوير (Judicial Mediation in Family Issues in Malaysia: Implementation Challenges and Development Prospects)“. Journal of Islam in Asia (E-ISSN 2289-8077) 17, Nr. 3 (04.11.2020): 1–39. http://dx.doi.org/10.31436/jia.v17i3.998.

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تهدف هذه الورقة إلى بحث موضوع الوساطة القضائية في القضايا الأسرية في ماليزية من خلال فحص تحديات التطبيق في السلطة القضائية الماليزية، وآفاق تطوير هذه الوساطة لتضطلع بمهامها على أكمل وجه. وإشكالية الورقة المحورية هي بحث مدى شمولية وفاعلية القوانين المنظمة للوساطة القضائية في القضايا الأسرية في دولة ماليزيا، ومدى إمكانية استفادتها من التطبيقات المعاصرة لاسيما في الدولة القضائية. ولبحث هذه الإشكالية تناولت الورقة الجانب المفاهيمي من خلال تعريف الوساطة القضائية والألفاظ ذات الصلة بها لاسيما لفظ الصلح. ثم تناولت أبرز تحديات التطبيق التي تتوزع على تحديات التأطير القانوني، وتحديات تأهيل رأس المال البشري ولا سيما الوسيط القضائي، وتحديات ضبط الجوانب الإجرائية وتطويرها. وبحثت بعدها آفاق التطوير معتمدة من خلال الاستفادة من تجارب الدول الغربية والدول الإسلامية. وختمت الدراسة بتقديم مجموعة من الاقتراحات والتوصيات لتطوير هذه الوساطة والارتقاء بها لخدمة الأسرة والمحافظة على نسيجها في ماليزيا وغيرها من الدول الإسلامية من أهمها: تطوير مستوى وعي المجتمع المسلم بأهمية الوساطة ودورها في حل النزاعات ولا سيما المتعلقة بالقضايا الزوجية، واضطلاع القائمين على شؤون القضاء الشرعي يبذل قصارى جهدهم لتطوير آليات الصلح والاستفادة من آخر ما وصلت إليه ابتكارات الوساطة وتقنياتها لتفعليها في القضاء الشرعي الأسري، وتأهيل القائمين على الوساطة في قضايا الأسرة ولا سيما المكلفين بالصلح في المحكمة الشرعية من خلال تدريبهم وتمكينهم من أحدث الابتكارات والمهارات في مجال الوساطة لينتقل عملهم من حيث المهنية والنجاعة نقلة نوعية تسهم في التقليل من النزاعات بين الخصوم، وتحقق صلحا أكثر استدامة مما يحققه الصلح أو الحكم، وتوحيد ممارسة الوساطة على مستوى الولايات من خلال توحيد الشروط التأهيلية والإجراءات التنفيذية، وهو ما يضمن ممارسة موحدة منضبطة في كل الولايات الماليزية ومن ثم يحقق الانضباط والفعالية. الكلمات المفتاحية: الوساطة القضائية، قانون الأسرة، المحكمة الشرعية، السلطات القضائية، الدول الإسلامية. Abstract This paper aims to discuss the issue of judicial mediation in family issues in Malaysian by examining the challenges of its implementation in the Malaysian judiciary applications and proposing the prospects for developing this mediation to reach its optimum implementation. The problem of the paper is to examine the extent of the comprehensiveness and effectiveness of laws regulating judicial mediation in family issues in Malaysia, and the extent to which they can benefit from contemporary applications, especially from advance judiciary system. In order to discuss this problem, the paper examines the conceptual aspect through defining judicial mediation and its related terms, such as the term of Sulh and tahkim. Then it addresses the most pressing practical challenges that include the challenges of legal frameworks, the challenges of qualifying human capital, and the procedural challenges. the paper then explore the prospects for the development approved by benefiting from the experiences of Western countries and Islamic countries. The study concluded with a set of suggestions and recommendations for developing this mediation and upgrading it to serve the family and maintain its fabric in Malaysia and other Islamic countries. Among the most important: enhancing the level of awareness of the Muslim community about the importance of mediation and its role in resolving disputes, especially those related to marital issues, the development of reconciliation mechanisms by benefiting from the latest developments in mediation innovations and techniques to implement it in the family Sharia judiciary, enhancing the level of proficiency of mediators In family issues, especially those in charge of conciliation in the Sharia court through training and enabling them of the latest innovations and skills in the field of mediation so that their work improves in terms of professionalism and efficiency, and unifying the mediation practices at the state level through unifying qualifying conditions and executive procedures, which ensures a unified and disciplined practice in all Malaysian states, thus achieving discipline and effectiveness. Keywords: Judiciary mediation, Family law, Shariah court, Judiciary systems, Muslim countries.

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Calitz, Karin. „Protection of employees against sexual harassment: The development, successes and shortcomings of the South African legal system“. South African Law Journal 139, Nr. 4 (2022): 913–45. http://dx.doi.org/10.47348/salj/v139/i4a8.

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Despite extensive protection for employees against sexual harassment in the workplace, South African workplaces are still riddled with this harmful conduct. The severe consequences for victims and workplaces necessitate an analysis of the development of South African law to establish its successes, but also the shortcomings that continue to exist. Although there is a matrix of laws protecting employees against sexual harassment, the Employment Equity Act 55 of 1998, which regards harassment as a form of discrimination, is still the primary statute. In this article I argue that the tendency to focus on sexual harassment as a dignity and equality issue does not take sufficient cognisance of sexual harassment as a multifaceted issue involving criminal conduct, which threatens employees’ employment security and impacts on employees’ health and safety. An analysis of case law indicates that many employers have not adopted a policy on sexual harassment, and that some employers and the Commission for Conciliation, Mediation and Arbitration commissioners do not deal with sexual harassment in a gender-sensitive way, which is an approach endorsed by the International Labour Organization’s Violence and Harassment Convention 190 of 2019. This Convention emphasises the need for an inclusive, integrated approach to combat harassment. To align the protection of victims of harassment with the Convention, South Africa adopted a Code of Good Practice on the Prevention and Elimination of Harassment in the Workplace in 2022. This Code, dealing with different kinds of harassment, including sexual harassment, replaced the 2005 Code of Good Practice on the Handling of Sexual Harassment Cases in the Workplace. By comparing the 2005 Code and related jurisprudence to the 2022 Code, the article considers whether sexual harassment is likely to be addressed more effectively under the 2022 Code. The 2022 Code has made certain improvements to the 2005 Code, but the altered definition of sexual harassment indicates the difficulties created by adopting one code to cover both misconduct and discrimination. In addition, aspects of the Convention, such as protecting the health and safety of employees, are not dealt with effectively in the 2022 Code. A separate code should be issued in terms of the Occupational Health and Safety Act to address the psychosocial safety of employees and the compensation of victims in terms of the Compensation for Injuries and Diseases Act 130 of 1993.

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Karmazina, K. Yu Karmazina, und M. O. Khrapitska. „TO THE ISSUE OF THE STATE OF RESTORATIVE JUSTICE IN UKRAINE AT THE PRESENT STAGE“. Constitutional State, Nr. 41 (17.03.2021): 83–95. http://dx.doi.org/10.18524/2411-2054.2021.41.225588.

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The purpose of the article is to study the roles of the prosecutor and the lawyer in reconciling between the victim and the suspect (accused) in Ukraine at the present time and to examine the possibility of increasing their participation in the reconciliation between the parties in the future. Reconciliation between victim and suspect (accused) in committing of a criminal offense as the centerpiece of the restorative justice in Ukraine today takes place outside of criminal proceedings, but it may have important substantive and procedural consequences in it. It can be considered as a mitigating circumstance in sentencing and even give rise to release the suspect (accused) from criminal liability. With the importance of reconciliation not only for the victim and the suspect, but also for the state, the question about scope of prosecutor`s powers as a procedural chief in criminal proceedings remains relevant. Such powers must be effective for facilitation such reconciliation, and at the same time they must prevent the unjustly avoidance of liability. It is also equally important to clarify the role of lawyers and the system of free secondary legal aid in restorative justice in Ukraine. The authors analyzed in the paper the normative regulation of the prosecutor's and the lawyer`s powers related to the reconciliation between the parties and the mechanism for the application of the restorative justice for its sufficiency and ability to provide the necessary mechanisms for implementing the provisions of the law. The authors found such gaps and differences in law regulation that hinder the development of conciliation practices in national criminal proceedings. The authors also examined the data of official state registers and revealed negative trends in the participation of the prosecutor in taking the procedural decisions based on the successful reconciliation between the victim and the suspect (accused). This gives reason to claim that the prosecutor's participation in reconciling between the victim and the suspect (accused) currently does not take into account neither the interests of the parties nor the state's interests in reducing the workload on the judicial and penitentiary systems and resolving other issues that accompany the existing punitive approach. In view of this, the authors proposes to make a number of changes to national legislation in order to eliminate those legal gaps that negatively affect the implementation of rules that guarantee the right to reconciliation and determine the admission of its positive results during making a final decision by court. In addition, the authors also emphasizes the necessity and practical feasibility of introducing a new model of the prosecutor`s participation in reconciling between the victim and suspect (accused) and giving him the right to initiate mediation with the consent of the parties. Such rules will also require the establishment of some additional provisions that will form a comprehensive implementation mechanism and serve as a guarantee of the interests of the victim and suspect (accused). As an example the authors used the rules of Criminal Procedure Act of the Republic of Slovenia. The authors also explored the main provisions and first results of The Pilot Project «Restorative Program for Juveniles Suspected of Committing a Criminal Offense». This project is the first attempt to expand the prosecutor's involvement in reconciling between the victim and the suspect (accused). The authors made conclusions about the real state of restorative justice in Ukraine at the present stage and the role of lawyers in it, taking into account the analysis of unique data collected from the Regional Centers for Free Secondary Legal Aid in Odesa, Mykolaiv and Kherson regions.

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Canet Sastre, Joana. „Alternativas a la judicialización de los conflictos desde Roma hasta la actualidad“. Revista de Derecho de la UNED (RDUNED), Nr. 14 (01.01.2014): 133. http://dx.doi.org/10.5944/rduned.14.2014.13318.

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Podemos observar como el sistema judicial actual en su aplicación práctica causa ciertas disfunciones generadoras de sufrimiento. Entendemos la existencia de crisis de legitimidad del sistema existente, por cuanto evidencia, su incapacidad para dar una respuesta satisfactoria a los requerimientos de la colectividad. Así se buscan alternativas a la judicialización de los conflictos. Las denominadas Prácticas Restaurativas que cuentan con una larga tradición, se estructuran más recientemente como un modelo de justicia, «la Justicia Restaurativa» que presenta ventajas de su uso entre las partes del conflicto. Esta denominada Justicia Restaurativa establecida, por lo general, para la resolución de conflictos de índole penal, en una óptica más amplia de la «restauración», permite pensar en la posibilidad de incorporar las prácticas restaurativas en la resolución de conflictos no solo de esta índole, sino también, a situaciones de la vida cotidiana, sea familia, iglesia, escuela, u otros, ya que culturalmente en todos los países existen mecanismos que buscan la resolución de conflictos de una forma no violenta. Ahora bien, la búsqueda de alternativas a la vía judicial, no ha de suplir el sistema judicial existente, sino ha de complementarlo, humanizarlo y racionalizarlo. Las Prácticas Restaurativas se han definido como una filosofía o un movimiento orientado a la conciliación antes que a la imposición de una sanción o pena de carácter retributivo. En España, el mecanismo alternativo al judicial extendido es el de la Mediación, introducida por la mediación familiar en la Ley 15/2005, de 8 de julio, por la que se modifican el Código civil y la Ley de Enjuiciamiento civil en materia de separación y divorcio, y en la que por primera vez en el ámbito procesal civil se incluyen normas concretas que albergan el sometimiento a mediación de determinadas cuestiones en materia de familia.We can see how in practice the current legal system causes certain dysfunctions generated by suffering. Its inability to give a satisfactory answer to the needs of the community is evidence of a crisis of legitimacy of the existing system. Therefore, alternatives to the juridification of conflicts are sought. The so called Restorative Practices, that have a long tradition have most recently been structured as a justice model, «Restorative Justice», use of which has advantages among the conflicting parties. This so-called Restorative Justice which has been established, usually used to resolve criminal conflicts, in a broader «restoration» perspective, suggests the possibility of incorporating restorative practices in the resolution of conflict, not only of this kind but also for everyday life situations, be it family, church, school, or other, since culturally there exist mechanisms in all countries that seek to resolve conflict in a nonviolent manner. However, the search for alternatives to the courts, must not replace the existing legal system, but must complement, humanize and rationalize it. Restorative Practices are defined as a philosophy or a movement oriented towards conciliation before the imposition of a sanction or remunerative penalty. In Spain, the alternative to the legal mechanism sis Mediation, introduced by family mediation in Law 15/2005 of 8th July, amending the Civil Code and the Code of Civil Procedure in terms of separation and divorce, and for the first time in civil procedure include specific rules that contain the submission of certain issues to mediation in family matters.

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Ni Putu Yunika Sulistyawati, Anak Agung Linda Cantika und I Made Dwi Satria Wiguna. „TINJAUAN YURIDIS PENERBANGAN LAYANG-LAYANG YANG MENGAKIBATKAN KERUSAKAN BARANG ORANG LAIN“. Kerta Dyatmika 19, Nr. 2 (22.09.2022): 75–86. http://dx.doi.org/10.46650/kd.19.2.1298.75-86.

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Kegiatan bermain layang-layang dapat merugikan orang, seperti putus dan menyangkut di gardu listrik, menyebabkan kerusakan pada barang orang lain, dan membahayakan kegiatan penerbangan maka menjadi hal yang perlu diatur dalam hukum. Dari pada latar belakang penelitian ini mengangkat rumusan masalah yaitu bagaimanakah tinjauan yuridis penerbangan layang-layang yang mengakibatkan kerusakan barang orang lain dan upaya hukum yang dapat dilakukan oleh korban perusakan barang akibat penerbangan layang-layang yang merusak barang milik orang lain. Jenis penelitian ini adalah menggunakan jenis penelitian hukum yang bersifat normatif, yaitu pendekatan melalui perspektif norma-norma yang telah ada atau dengan kata lain merupakan penelitian berupa inventarisasi perundang-undangan yang berlaku.Kesimpulan dalam penelitian ini yaitu tinjauan yuridis terhadap penerbangan layang-layang yang merusak barang milik orang lain diatur dalam Kitab Undang-Undang Hukum Pidana (KUHP) yaitu kejahatan pengrusakan dan penghancuran benda (verneiling of beschadiging van goerderen), pasal 406 sampai dengan 412 mengatur tentang kejahatan-kejahatan yang mengandung unsur merusak atau tingkah laku yang mengandung sifat demikian terhadap suatu harta benda dan Upaya hukum yang dapat dilakukan oleh korban perusakan barang akibat penerbangan layang-layang yang merusak barang milik orang lain, yaitudengandua acara yaitu dengan litigasi dan non-litigasi dimana non-litigasi dilakukan dengan Alternatif Penyelesaian Sengketa (APS) atau Alternative Dispute Resolution (ADR) dimana penyelesaian perkara diselesaikan dengan konsultasi, negoisasi, mediasi, konsiliasi, penilaian ahli. The activity of playing a kite can harm people, such as breaking and getting stuck in an electric substation, causing damage to other people's goods, and endangering aviation activities, so it is something that needs to be regulated by law. From the background of this research, it raises the formulation of the problem, namely how is the juridical review of kite flights that result in damage to other people's goods and legal remedies that can be taken by victims of damage to goods due to kite flights that damage other people's property. This type of research is using normative legal research, namely an approach through the perspective of existing norms or in other words a research in the form of an inventory of applicable legislation. other people's property is regulated in the Criminal Code (KUHP), namely the crime of destroying and destroying objects (verneiling of beschadiging van goerderen), articles 406 to 412 regulate crimes that contain destructive elements or behavior that contains such characteristics. against a property and legal remedies that can be taken by victims of damage to goods due to kite flights that damage other people's property, namely with two events, namely litigation and non-litigation where non-litigation is carried out with Alternative Dispute Resolution (APS) or Alternative Dispute Resolution n (ADR) where the settlement of cases is resolved by consultation, negotiation, mediation, conciliation, expert judgment.

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Rusman, Galina, und Svetlana Surmeneva. „Digital tools to facilitate the implementation of mediation in criminal proceedings“. Revista Brasileira de Alternative Dispute Resolution 5, Nr. 10 (Dezember 2023). http://dx.doi.org/10.52028/rbadr.v5i10.art08.ru.

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The article is devoted to the issues of digitalization of criminal proceedings in general and conciliation procedures of restorative justice in particular. Mediation, as a form of resolving a criminal conflict, is used in many countries of the world and does not lose its relevance, being an alternative form of resolving a criminal conflict in cases of minor and moderate severity, aimed at restoring social balance by reconciling the accused and the victim, restoring his violated rights. In the context of the digital transformation of criminal proceedings and the expansion of the use of electronic and digital tools, mediation in criminal proceedings can take new forms that contribute to increasing the level of citizens’ access to justice, their interactive interaction and improving the efficiency of legal proceedings in general. The conducted research of the international experience of digitalization of interaction between the state and citizens in criminal proceedings shows not only the variety of electronic resources used in criminal proceedings, but also allows us to predict new architectures of criminal proceedings in small and medium-gravity criminal cases that meet the spirit of modern times. The authors have developed a model of the pre-trial procedure for the termination of a criminal case, which provides for the possibility of implementing a conciliation procedure using digital tools, allowing to terminate a criminal case for a minor crime using a universal multifunctional portal in which each of the subjects of the criminal process interactively implements their procedural rights and obligations, and the final decision is made by the court.

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Nurhidayat, Syarif, Mahrus Ali und Sufriadi . „An Alternative for Conflict-Based Criminal Settlement Based on Positive Law and Islamic Law“. KnE Social Sciences, 26.05.2023. http://dx.doi.org/10.18502/kss.v8i9.13380.

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Procedural criminal law proceedings were seen to be ineffective and could even trigger a deeper conflict in Indonesia. This study aimed to identify an alternative for the settlement of criminal acts that originate from horizontal conflicts, based on positive law and Islamic criminal law, considering that Muslims make up the majority of the Indonesian population. This is crucial, considering Indonesia has more than 1,300 tribes and ethnicities. This study used a normative method with a philosophical and conceptual approach. The study results showed that, first, from the positive law perspective, criminal proceedings can be done through restorative justice, such as giving more attention to victims in the criminal justice process; penal mediation; peace; reconciliation, and political decisions. From the Islamic law perspective, settling by forgiveness; Islah; and political decisions are possible. Keywords: Alternative; Criminal Act; Conflict; Restorative Justice; Islam

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Munawaroh, Hifdhotul. „Restorative Justice in Settling Minor Criminal Disputes in Ponorogo, East Java: An Islamic Law Perspective“. Mazahib 18, Nr. 2 (02.01.2020). http://dx.doi.org/10.21093/mj.v18i2.1632.

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This article aims at examining the viability of a village court as an alternative settlement of minor criminal disputes in the district of Mlarak, Ponorogo, East Java. Among the cases resolved through restorative justice are petty theft, juvenile delinquencies, crimes against women and children, and public order disruption. The village court has used mediation among the disputants in the search of a consensus without harming each party. The consensus achieved signifies the return of balance in the community which has been damaged by the offenses. This makes dispute resolution through mediation and customary justice in line with the concept of Restorative Justice. However, there are obstacles in the resolution of cases through mediation. This includes: first, there are no regulations governing village justice procedures so that the mediation and village justice procedures differ from one village to another. Second, the determination of sanctions for minor criminal offenses is perceived to have not deterred some of the perpetrators. This is evidenced by the repetition of criminal acts committed by the perpetrators which, thus, has created public unrest. Third, the level of understanding of community leaders towards the law is still lacking. This has resulted in discrepancies in settling the disputes. From the Islamic law perspective, the settlement of a dispute by means of the village justice is in accordance with the Sharia. It constitutes the implementation of al-shulh system and ta‘zīr concept in the provision of punishment for the perpetrators Keyword: Restorative Justice, al-Sulh, Alternative Dispute Resolution (ADR), Minor Criminal Disputes

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Santoso, Topo. „IMPLEMENTATION OF ISLAMIC CRIMINAL LAW IN INDONESIA: TAʿZĪR PUNISHMENT AS A SOLUTION?“ IIUM Law Journal 19, Nr. 1 (23.06.2012). http://dx.doi.org/10.31436/iiumlj.v19i1.6.

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This article deals with the recent development of Islamic criminal law in Indonesia, particularly taʿzīr crime. The application of taʿzīr crime accommodates many different groups because taʿzīr is part of Islamic criminal law (supported by Sharīʿah proponents), and the modified nature of taʿzīr punishment is potentially acceptable to the Indonesian people. However, there is still a lot of criticism concerning its application and in practice, there is a sort of compromise and moderation, in a form of “inconsistent application of Islamic criminal law” or “incomprehensive implementation of Islamic criminal law.” The punishment should be adapted according to the people’s tolerance and acceptance. People may tolerate imprisonment, fine, community service order, or even whipping but not stoning. It is submitted that a kind of “mediation” or middle way adopted in implementing Islamic criminal law is by moderation or modification of its punishment. Since neither the Qur’ān nor the Ḥadīth is determinative of taʿzīr punishment, the function of applying the appropriate punishmment can be left to the discretion of a judge or a ruler, thus minimising any rejection or criticism. However, from fiqh or Islamic jurisprudence, the question whether that kind of approach (to moderate the punishment) can be accepted still needs to be answered.

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„Mediation and Court in Ukraine: Perspectives on Interaction and Mutual Understanding“. Access to Justice in Eastern Europe 4, Nr. 3 (01.08.2021): 181–90. http://dx.doi.org/10.33327/ajee-18-4.3-n000082.

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In this note, the authors identify some problems concerning the introduction of mediation in Ukraine in terms of its use in the consideration and resolution of court cases. Despite the lack of clear legal regulation for mediation, courts in Ukraine still try to use this mechanism of pre-trial dispute resolution. Particular attention is paid to the law enforcement activities of courts in criminal and administrative cases, in which courts try to equate the conciliation procedure with the mediation procedure. These approaches clearly follow from the Resolutions and Recommendations of the Committee of Ministers of the Council of Europe and the settled case-law of the European Court of Human Rights (ECtHR) since, back in 1975, the ECtHR in its decision Golder v. The United Kingdom ruled that it is unlikely that the rule of law can be imagined without access to justice. However, the presumption that the courts are the main institution for resolving disputes continues to be undermined by the proliferation of alternative forms of dispute resolution, both agreement-based and judicial.

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Delmiati, Susi, und Elizabeth Ghozali. „PROTECTION OF WOMEN VICTIMS OF VIOLENCE IN INDONESIA: PERSPECTIVE OF CRIMINAL LAW“. European Journal of Social Sciences Studies 7, Nr. 1 (02.11.2021). http://dx.doi.org/10.46827/ejsss.v7i1.1171.

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This research aims to find out the protection arrangements for women victims of violence in Indonesia: Criminal law perspective. The methods used are qualitative descriptive with normative research referring to written regulations and other legal materials. The results showed that the completion of women victims of violence in Indonesia with mediation in a form of consensus deliberation and customary law and Islamic law. Article visualizations:<img src="/-counters-/edu_01/0856/a.php" alt="Hit counter" />

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Nurdin, Nurdin. „Editorial Preface“. INTERNATIONAL JOURNAL OF CONTEMPORARY ISLAMIC LAW AND SOCIETY 2, Nr. 1 (01.08.2020). http://dx.doi.org/10.24239/ijcils.vol2.iss1.10.

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International Journal of Contemporary Islamic law and Society volume 2 issue 1 offers six articles covering topics of Islamic law studies. Various issues relating to Islamic family law are interestingly presented to contribute to the body of knowledge and practices. Academia and practitioners in Islamic law studies may gain insight from reading these articles. The first article is titled “The Role of Husband and Wife in Child Care From Islamic Law Perspectives” written by Minhar Minhar, Zainal Abidin, and Hilal Malarangan from Postgraduate studies Institut Agama Islam Negeri Palu. This paper discusses the role of husband and wife in child care from Islamic perspective. The second article is titled “Effectiveness of Marriage Services Through Information System Management (SIMKAH) at Palu City Religious Court” written by Imam Muslih, Nurdin Nurdin, and Marzuki Marzuki. The paper discusses the effectiveness of marriage services through Marriage Management Information System (SIMKAH) at Palu city religious court. The third article is titled “Analysis of the Case of Divorce and Its Settlement in the Religious Court of Palu City” written by Rinalti Rinalti, Syahabuddin Syahabuddin, and Ermawati Ermawati. This paper discusses the cases of divorce and its settlement in the Religious Court of Palu. The fourth paper is tittled “ Analysis the Fulfilment of Physical and Psychological Needs of Convicted Criminal From An Islamic Law Perspective” written by Syaifuddin Syaifuddin, Muhammad Akbar, and Mummad Syarif Hasyim. The paper discusses the implementation of conditional leave (CL) in fulfilling prisoners' physical and psychological need of prisoners from Islamic law perspectives. The fifth article is titled “ The Effectiveness of Indonesia Supreme Court Regulation Number 1 Year 2016 Concerning Mediation of Marriage Disputes” written by Sukaenah Sukaenah, Rusli Rusli, M. Taufan B. This paper discusses the effectiveness of Indonesia Supreme Court Regulation No. 1 year 2016 concerning mediation marital disputes in the Religious Court. The last paper is title “ The Effectiveness of the Implementation of the Principle of Simple Court Procedures, Fast and Low Cost in a Case of Divorce Lawsuit” written by Muhammad Haekal, Abidin Abidin, and Siti Musyahidah. The purpose of the study is to investigate the effectiveness of the implementation of simple, fast and low-cost religious court procedures in the divorce case at the Religious Court, Palu. I hope the articles presented in this issue add further empirical evidence to the growing body of research that examines various fields from Islam perspectives. The articles could trigger other research to study other field of study with Islam perspectives Islamic institutions in Indonesia. Nurdin Nurdin Editor-in-Chief IJCILS: International Journal of Islamic Contemporary law and Society Volume II, Issue 1

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