Portal Jurnal Universitas Islam Sultan Agung (UNISSULA)
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The Effectiveness of the Implementation of Termination of Prosecution in Criminal Cases of Assault Based on Restorative Justice (Case Study of the Kapuas Hulu District Attorney's Office)
No full textAbstract. This research is motivated by the increasing use of restorative justice mechanisms in resolving criminal acts of assault as a form of reforming the criminal justice system oriented towards more humanistic, participatory justice and social restoration. The Kapuas Hulu District Attorney's Office is one of the law enforcement institutions that implements the termination of prosecution based on restorative justice in accordance with the Republic of Indonesia Attorney General's Regulation Number 15 of 2020. This study aims to determine the implementation of the termination of prosecution in assault cases based on restorative justice, analyze weaknesses in its implementation, and assess its current effectiveness and potential effectiveness in the future. The research method used is normative juridical with a socio-legal approach (socio-legal research/studies) needed to address issues of social injustice. Data sources consist of primary, secondary, and tertiary legal materials which are analyzed qualitatively to produce a comprehensive picture of the implementation of the policy of termination of prosecution based on restorative justice. The results of the study indicate that the implementation of restorative justice in the Kapuas Hulu District Attorney's Office has quite high effectiveness, evidenced by the acceleration of case resolution, recovery of victim losses, and the creation of harmonious social relations after the case. However, various weaknesses remain, such as limited mediator capacity, a lack of public understanding of restorative justice, potential social pressure on victims to reconcile, and suboptimal oversight of the implementation of peace agreements. This research emphasizes the need to improve the quality of human resources, strengthen regulations, and optimize institutional support to ensure the implementation of restorative justice is more effective in the future
Strategic management practices for enhancing learning quality and numeracy in elementary schools
No full textThis study examines the application of a comprehensive strategic management model in an elementary school participating in Indonesia’s Sekolah Penggerak program, with a particular focus on its conceptual contribution to understanding school-based strategic management in primary education. Drawing on Fred R. David’s strategic management framework, the research explores how the stages of strategy formulation, implementation, and evaluation are adapted and operationalised within the context of an elementary school to address challenges in learning quality and students’ numeracy skills identified in the school’s Education Report. Using a qualitative descriptive approach, data were collected through interviews, observations, and document analysis involving school leaders and key stakeholders. The findings demonstrate that the strategic management model functions not only as an administrative planning tool but also as a conceptual framework that integrates instructional improvement, data-informed decision-making, and stakeholder engagement at the elementary school level. Despite initial constraints related to vision alignment, participation, and data literacy, the structured and reflective application of the model contributed to improvements in instructional quality and numeracy-oriented practices. Conceptually, this study extends the application of strategic management theory into the domain of elementary education by illustrating how a business-derived framework can be contextualised to support school transformation and learner-centred improvement. These findings enrich the discourse on strategic management in education and offer a transferable conceptual reference for elementary schools operating in similar reform-oriented and socio-educational contexts
Design of Critical Thinking Ability Questions with Colorful Ribbon Context for Hearing Impaired Students
No full textAbstract. This study aimed to develop a mathematics test instrument that assesses the critical thinking skills of hard-impaired students using a Realistic Mathematics Education (RME) approach in a colored ribbon context. The research employed a design research method with a development type, consisting of the preliminary and prototyping stages, including self-evaluation, expert review, and one-to-one. The instrument was developed based on Ennis’s (1985) critical thinking indicators, comprising five items adapted to the visual characteristics of Grade XI deaf students at SMALB. Content and language validation by experts confirmed the qualitative validity of the items. A limited trial (one-to-one) involving three hearing-impaired students revealed that the items were understandable and suitable, particularly due to the use of simple language, visual aids, and concrete objects. In conclusion, the critical thinking questions based on the RME approach and visual context are effective for hearing-impaired students and offer an alternative assessment tool that accommodates their sensory limitations. Keywords: critical thinking; hearing-impaired students; realistic mathematics education
Legal Effectiveness of Article 492 of the New Criminal Code in Addressing Digital Fraud Against MSMEs in Banjarmasin
No full textThe digital era has transformed the business landscape of traditional market traders and MSMEs in various regions, presenting new opportunities while also increasing the risk of online fraud. This study aims to analyse the effectiveness of Article 492 of the New Criminal Code in tackling digital fraud and protecting vulnerable small business actors. The method used is qualitative with a descriptive-analytical approach, combining normative legal studies and empirical data from interviews with market traders, MSME associations, cybercrime apparatus, and representatives of e-commerce platforms. This study analyzes primary legal sources, such as Article 492 of the New Criminal Code. The results of the study reveal a significant knowledge gap, with 75% of respondents being unaware of Article 492’s existence. The four main factors of vulnerability identified are low digital literacy, limited access to legal information, weak coordination with law enforcement officials, and dominance of large e-commerce platforms. To overcome this, this study offers a three-pillar coordination model, namely law enforcement, improving legal and digital literacy, and an application-based integrated reporting system. These findings confirm that effective digital criminal law requires not only regulation, but also cross-sector synergy and stronger public legal awareness
Eco-Industrial Parks in the Palm Oil Industry: A Systematic Literature Review on Circular Economy and Sustainability Practices
No full textAs the world's largest palm oil producer, Indonesia has not only a significant economic opportunity but a huge environmental responsibility. Although the palm oil sector constitutes a major sector earning foreign income for the country and providing employment, it generates massive biomass waste. Incorporation of Circular Economy (CE) strategies, such as recover, reuse, recycle, and by-product valorization, provides a potential vehicle to help turn these wastes into renewable energy, organic manures, building materials, and biofuels, with both environmental conservation and long-term economic viability across the supply chain. This study utilizes a Systematic Literature Review (SLR) approach using PRISMA guidelines to synthesize 39 scientific articles from 2020-2025 discussing CE and Eco-Industrial Parks (EIPs) in the palm oil industry in Indonesia. A novelty is the combination of bibliometric mapping with thematic analysis to provide multidimensional synthesis, which discovers three dominant focus areas: (1) Biomass Utilization, (2) Circular Economy Applications, and (3) EIP Conceptualization. CE practices in these dimensions are broadly classified in Table 1 as energy recovery (e.g., biogas from POME), material reuse (e.g., composting EFB, application of POFA in construction), and process optimization (e.g., value chain integration and multi-stakeholder collaboration under EIPs). This study concludes that the structured adoption of CE principles through EIPs can significantly enhance environmental and economic outcomes in Indonesia’s palm oil industry. Future research should focus on quantitative CE indicators and the development of localized EIP models tailored to regional contexts
Juridical Analysis of the Culpa in Causa Principle in Indonesian Criminal Law Reform (Study of Law No. 1 of 2023)
No full textThe explicit integration of the culpa in causa principle in Pasal 55 of Law No. 1 of 2023 one the New Indonesian Criminal Code (KUHP Baru) refolutionizes criminal law by limiting the misuse of grounds for exemption from punishment, such as necessity and self-defense, when the offender intentionally creates those conditions. Unlike the old KUHP’s implicit reliance on jurisprudence, this provision strengthens the geen straf zonder schuld principle while balancing judicial pardon authority, through proof of subjective causality via at least two valid pieces of evidence. Courts distinguish it from objective justifications by analyzing initial intent, nullifying subsidiarity without eliminating the defendant’s subjective fault. Impacts include optimized restorative justice, legal certainty, reduced impunity from provocation, and proportional individualized sanctions, fostering an adaptive penal system that protects victims while upholding humanity. This reform aligns continental doctrines with national contexts, enhancing judicial legitimacy
IMPLEMENTASI PROGRAM LITERASI AL-QUR’AN MELALUI METODE TILAWATI DALAM PENINGKATAN KEMAMPUAN MEMBACA AL-QUR’AN DI SDIT AL-MUBAROK
No full textThe ability to read the Qur'an is a crucial basic skill for students, yet many primary school students still struggle to read correctly according to tajwid rules. Therefore, an effective teaching method, such as the Tilawati method, is needed. This research is motivated by the importance of Qur'anic literacy in improving students' ability to read the Qur'an properly and correctly. The research questions include: (1) how is the Qur'anic literacy program using the Tilawati method implemented at SDIT Al-Mubarok, (2) what challenges and obstacles are faced during its implementation, and (3) what is the outcome or result of the Qur'anic literacy program with the Tilawati method on students. This study aims to describe the program's implementation, analyze the inhibiting factors, and evaluate the students' learning achievements. The research uses a qualitative approach with data collection techniques including observation, interviews, and documentation. The results show that the Qur'anic literacy program with the Tilawati method is routinely conducted on Mondays, Tuesdays, and Thursdays through habituation and learning using Tilawati books and school teaching aids. The obstacles encountered include internal factors such as student discipline and motivation, and external factors such as parental support, the role of teachers, and the learning environment. The achieved output is the students' ability to recognize hijaiyah letters according to their makhraj and to understand basic Qur'anic recitations with tajwid.
Implementation of The Distribution of Rights of Substitute Heirs (Mawalli) in North Pontianak District, Pontianak City
No full textThe thesis discusses the Implementation of Distributive Rights for Substitute Heirs (Mawalli) in North Pontianak District, Pontianak City. The objectives of the research are to understand and analyze the application of Article No. 185 of the Compilation of Islamic Law (KHI) in North Pontianak District, Pontianak City, and to understand and analyze the implementation of the distribution of rights for substitute heirs (mawalli) in North Pontianak District, Pontianak City. The research utilized a juridical-empirical approach, gathering facts from human behavior, including verbal behavior based on informant interviews and actual behavior resulting from direct observation. It employed a qualitative research type and utilized both primary and secondary data. The research findings essentially conclude that the provisions of Article No. 185 of the KHI are not implemented, which leads to a loss of justice and legal protection in the distribution of inheritance rights for substitute heirs. The substitute heirs are often regarded as weak heirs and are blocked (hijab) from the testator because their parent passed away before their grandparent. The study found that 1) The application of Article No.185 KHI has not been executed in North Pontianak District, Pontianak City, resulting in substitute heirs never receiving their inheritance rights. 2) In the implementation of the distribution of rights for substitute heirs (mawalli), not only are they denied their rights, but their existence is often unacknowledged or rejected by the primary heirs, as they are viewed as weak heirs
Legal Review of Criminalization of Aggravated Theft Based on Justice Values
No full textThis research aims to analyze the application of criminal law to the offense of aggravated theft as regulated in Article 363 paragraph (1) point 4 of the Indonesian Criminal Code (KUHP), with a particular emphasis on the substantive justice aspect for offenders from lower socio-economic backgrounds. Cases such as theft of oil palm fruit by local residents around plantation areas often draw criticism for neglecting the social and economic context of the offenders. In this context, the study seeks to examine the extent to which criminal law is applied fairly by taking into account the values of humanity and social justice that live and develop within society. This study employs a normative juridical research method combined with a case study approach and supported by a conceptual approach to strengthen the analytical framework. The normative juridical method focuses on the examination of statutory regulations, legal doctrines, and relevant court decisions, while the case study approach is used to connect legal norms with their practical application in judicial decisions. The conceptual approach serves to construct a comprehensive understanding of the principles of criminal law, the doctrine of criminal responsibility, and the concept of substantive justice that underlies sentencing in aggravated theft cases. The findings reveal that aggravated theft constitutes a criminal offense requiring strict proof of both actus reus and mens rea elements in accordance with the principles of lex certa and lex stricta. In the a quo case, proof of the element of “joint participation” and the presence of valid evidence under the negative-wettelijk system becomes the primary basis for judges in rendering a fair verdict. A prison sentence of one year is considered proportionate if accompanied by a transparent explanation of the aggravating and mitigating factors. An ideal judgment should demonstrate coherence between facts, legal elements, principles, and the court's verdict, while also reflecting the values of al-'adālah (justice), al-maṣlaḥah (public interest), and al-karāmah (dignity). Furthermore, this research emphasizes the importance of considering the spirit of the 2023 Criminal Code reform, which aspires to prevent over-punishment and promote a more restorative and humanistic approach to sentencing. Thus, this study provides an academic contribution to the development of criminal law that is not only legally valid but also socially legitimate
Criminal Responsibility of Recidivists in Violent Theft Crimes (Decision of Temanggung District Court Number 149/Pid.B/2019/PN Tmg)
No full textThis study aims to analyze the criminal liability of recidivist offenders in violent theft crimes under Indonesian positive law, examine the judicial considerations in sentencing recidivists based on Temanggung District Court Decision No. 149/Pid.B/2019/PN Tmg, and assess the concept of criminal responsibility for recidivists from the perspective of Islamic law. This research arises from the fact that recidivism remains a serious issue within Indonesia's criminal justice system, reflecting the weakness of deterrence and the ineffectiveness of inmate rehabilitation. Therefore, it is crucial to re-evaluate how both the national legal system and Islamic legal principles conceptualize and enforce criminal responsibility for offenders who repeatedly commit violent crimes. This research employs a normative juridical legal method using both case and statute approaches. The sources of legal data consist of primary materials (the Indonesian Criminal Code and court decisions), secondary materials (legal literature and scholarly opinions in criminal law), and tertiary materials (legal dictionaries and encyclopedias). The analytical technique used is descriptive analytical, supported by systematic and teleological interpretation to align positive legal norms with the values of substantive justice. The findings indicate that, first, the criminal liability of recidivist offenders in violent theft under Indonesian positive law is based on the principle of geen straf zonder schuld (no punishment without fault). Recidivism constitutes an aggravating circumstance, demonstrating the failure of prior punishment to determine and the offender's defiance of the law. Second, judicial reasoning in Temanggung District Court Decision No. 149/Pid.B/2019/PN Tmg reflects a balance between legal certainty, justice, and utility, even though the sentence imposed was relatively lenient compared to the maximum penalty under Article 365 of the Criminal Code. Third, from the perspective of Islamic law, recidivists are fully accountable (mas'uliyyah al jināyah) because their acts fulfill the elements of intent ('amdan), capacity for responsibility (al qudrah 'alā al tamyīz), and voluntariness (ikhtiyār). Repetition of criminal acts aggravates moral culpability and warrants punishments that are educational (ta'dīb), preventive (zajr), and retributive (jazā') in nature