Adil Ka' Talino

Pancasila sebagai Paradigma Sosio-Legal: Wacana Keadilan Sosial dan Reformasi Hukum di Indonesia

Muhammad Wahdini — Thu, 25 Dec 2025 00:00:00 +0000

This article aims to analyze Pancasila as a paradigm system from a sociological perspective, focusing on the discourse of social justice and legal reform in Indonesia. This study departs from various problems in law enforcement that still show a gap between normative law and social reality, so that the law often fails to deliver substantive justice to the community, especially vulnerable groups. Using a qualitative-normative approach enriched through socio-legal analysis, this article shows that Pancasila not only functions as a source of legal values and legitimacy, but also as a critical interpretive framework for understanding the dialectical relationship between positive law, social structures, power practices, and demands for justice. The findings of this article emphasize that the failure of law enforcement in the reform era is not solely due to weaknesses in regulations or legal instruments, but is more deeply related to the weak internalization of Pancasila's values of justice in institutional practices, the legal culture of officials, and public legal awareness. Therefore, the revitalization of Pancasila as a socio-legal paradigm is a normative and sociological prerequisite for the realization of substantive social justice in the Indonesian legal system.

Efektivitas Restorative Justice dalam Penyelesaian Konflik Keluarga pada Kasus Kekerasan Dalam Rumah Tangga (KDRT) di Polresta Palangka Raya

Mohamad Agung, Ardi Akbar Tanjung , Ariyadi, Muhammad Noor Shaleh — Tue, 30 Dec 2025 00:00:00 +0000

The increasing number of family conflicts that lead to domestic violence in Indonesia indicates a major problem in family resilience. In resolving family conflicts, litigation is often considered ineffective because it takes a long time and is costly. As a result, the restorative justice approach has become an important alternative for resolving domestic violence because it places greater emphasis on victim recovery, perpetrator responsibility, and social harmony. The purpose of this study is to examine how restorative justice is used in resolving family conflicts in cases of domestic violence at the Palangka Raya Police Headquarters and to assess its effectiveness as a method of case resolution. This qualitative legal study uses a normative and empirical approach. Data was obtained through observation, interviews, and documentation at the Palangka Raya Police Headquarters. In addition, research on legislation and related literature was conducted. Data analysis was performed using qualitative descriptive methods. The results of the study show that restorative justice has been implemented by the Women and Children's Service Unit (PPA) of the Palangka Raya Police based on Police Regulation Number 8 of 2021, by fulfilling formal and material requirements and considering the values of deliberative consensus and local wisdom. This approach is considered quite effective, especially in cases of psychological and non-physical domestic violence, as it provides a quick and low-cost solution. However, the effectiveness of restorative justice in cases of physical violence has limitations, particularly in relation to the potential for power imbalances and the risk of revictimization, thus requiring caution and close supervision. Overall, the implementation of restorative justice at the Palangka Raya Police Headquarters shows progress towards a more humanistic and victim-centered model of law enforcement, although it still requires strengthening of operational standards and support systems to ensure the sustainability of victim recovery and protection

Optimalisasi Peran Hakim dalam Menelusuri Aset Non-Rekening: Analisis Peraturan Mahkamah Agung Nomor 1 Tahun 2013

Dian May Syifa, Rena Zulfaidah, Muhammad Noor Ridani — Thu, 25 Dec 2025 00:00:00 +0000

This research aims to provide a solution regarding the optimization of the judge's role in tracing non-account assets suspected of originating from money laundering crimes based on the authority mandated in Supreme Court Regulation Number 1 of 2013. The primary issue in handling money laundering is the difficulty of proving assets not recorded in bank accounts, even with the implementation of a reverse burden of proof system, as such evidence is prone to manipulation and fabrication by perpetrators. This study employs a normative legal research method with a statutory analysis approach. The results indicate that judges hold a crucial position as the final bastion of justice through the optimization of authorities regulated in Article 15 and Article 17 of Supreme Court Regulation Number 1 of 2013. This optimization includes the judge's authority to conduct direct examinations where the assets are located, request expert testimony—such as from forensic accounting experts to detect hidden fund flows—and request new materials based on financial intelligence reports from the PPATK. By maximizing the visionary role of judges in utilizing these legal instruments, it is expected that obstacles in proving non-account assets can be overcome so that the process of state asset recovery can be carried out more effectively and fairly.

Rekonstruksi Sanksi Pidana Restoratif di Indonesia: Perspektif Reintegrative Shaming

Hadiya Noor, Ranti Suminar Endah — Thu, 25 Dec 2025 00:00:00 +0000

The criminal justice system in Indonesia is still dominated by a retributive paradigm that focuses on punishing perpetrators, while the interests of victims, social restoration, and community harmony are often neglected. This situation gives rise to various problems, such as victim dissatisfaction, prison overcrowding, and the low effectiveness of punishment in preventing recidivism. This article aims to analyze and reconstruct criminal sanctions based on a restorative justice approach using the perspective of reintegrative shaming theory proposed by John Braithwaite. This study uses a normative legal research method with a conceptual and legislative approach. The results of the study show that the restorative justice approach provides greater space for victims as legal subjects, encourages perpetrators to take responsibility without permanent stigmatization, and restores social relations in the community. The theory of reintegrative shaming is relevant to the Indonesian context because it is in line with customary law values that have long emphasized conflict resolution through deliberation and the restoration of social balance. Therefore, the reconstruction of criminal sanctions based on restorative justice is a strategic step in realizing substantive justice, a more humane criminal justice system, and criminal law reform oriented towards social restoration and sustainability

Pengelolaan Sumber Daya Alam dan Keadilan Sosial di Indonesia dalam Perspektif Teori Sistem Hukum

Azriel Pratama Putra — Thu, 25 Dec 2025 00:00:00 +0000

Law plays a strategic role in shaping social order and promoting social justice and public welfare. From the perspective of sociology of law, law is not merely understood as a set of normative rules, but also as a social instrument that regulates, directs, and controls societal behavior. This article examines the role of law in realizing social justice in the context of natural resource governance in Indonesia, where normative legal ideals often diverge from social realities. Using a normative juridical approach combined with a sociology of law perspective, this study analyzes legal norms, principles, and doctrines alongside their implementation in social practice. The analysis employs the legal system theory of Lawrence M. Friedman, which emphasizes three interrelated elements: legal substance, legal structure, and legal culture. The findings indicate that social inequality in natural resource management is not solely caused by deficiencies in legal norms, but also by weak law enforcement institutions and an underdeveloped legal culture. Consequently, law has not yet functioned effectively as an instrument of social justice and equitable welfare. This article argues that strengthening the legal system in an integrated manner is essential to ensure that law genuinely serves public interests and contributes to the realization of social justice in Indonesia.