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All Journal Berajah Journal Academica: Journal of Multidisciplinary Studies
Irwan Soeharlim
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Religion Humanities Economics, Econometrics & Finance Education Languange, Linguistic, Communication & Media Library & Information Science Social Sciences Other

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Implementation of Restorative Justice as a Criminal Policy: A Literature Review Irwan Soeharlim; Regina Yura Fitriah Sari; Ani Wahyuni; Oky Rona Wijaya; Ahmad Fahrul Rozi; Kamil, Mustofa
Academica: Journal of Multidisciplinary Studies Vol. 10 No. 1 (2026): January-June 2026
Publisher : Universitas Islam Negeri Raden Mas Said Surakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22515/academica.v10i1.14879

Abstract

This literature review examines the implementation of restorative justice as a contemporary criminal policy instrument, tracing its paradigmatic shift from retributive punishment to relational healing. Drawing on scholarly literature published between 2020 and 2026, the study synthesizes conceptual foundations, regulatory frameworks, operational mechanisms, and implementation barriers. Findings reveal that while Indonesia has advanced restorative practices through sectoral regulations and juvenile diversion, fragmented legislation, resource constraints, and entrenched retributive cultures hinder consistent application. Evidence indicates that properly facilitated processes enhance victim satisfaction, reduce judicial burdens, and promote offender accountability, yet success depends on voluntary participation and institutional safeguards. The review concludes that realizing restorative justice’s potential requires unified legislation, sustained capacity building, and systematic monitoring. Ultimately, it offers a culturally resonant pathway toward humane criminal justice reform.
TINJAUAN YURIDIS PENYELESAIAN SENGKETA PERDAGANGAN INTERNASIONAL DALAM KERANGKA WTO DAN HUKUM NASIONAL INDONESIA Irwan Soeharlim; Annie Myranika; Muhammad Ruhunussa; Anharyanto
Berajah Journal Vol. 6 No. 3 (2026): Berajah Journal
Publisher : CV. Lafadz Jaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47353/bj.v6i3.521

Abstract

International trade dispute settlement is an important instrument in maintaining the stability of the global trading system. The World Trade Organization (WTO) through the Understanding on Rules and Procedures Governing the Settlement of Disputes (DSU) provides a binding adjudicative mechanism for member states. This study aims to analyze the WTO dispute settlement mechanism, the implementation of WTO provisions in Indonesian national law, and the harmonization between international trade law and Indonesia’s national interests. This research uses a normative juridical method with statutory, conceptual, and case approaches. The results indicate that the WTO dispute settlement mechanism consists of consultation, panel proceedings, appeals, and implementation of decisions. Indonesia has adopted WTO principles into national regulations, particularly through Law Number 7 of 2014 concerning Trade and Law Number 24 of 2000 concerning International Treaties. However, harmonization between national law and WTO provisions still faces challenges, especially regarding the protection of national interests, downstream natural resource policies, and the WTO Appellate Body crisis. The DS592 nickel export dispute and DS480 biodiesel dispute demonstrate the dynamic relationship between international obligations and national economic sovereignty. Therefore, strengthening international trade law capacity and WTO reform are necessary to create a fairer and more balanced international trading system.
DINAMIKA BATAS KEWENANGAN PENGAWASAN ANTARA OJK DAN BANK INDONESIA ATAS AKTIVITAS FINTECH DI SEKTOR PERBANKAN Irwan Soeharlim; Hasnah Aziz; Muhammad Ruhunussa; Hikmat Ansori; Anharyanto
Berajah Journal Vol. 6 No. 3 (2026): Berajah Journal
Publisher : CV. Lafadz Jaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47353/bj.v6i3.522

Abstract

The development of financial technology (fintech) in Indonesia has significantly transformed the financial services system and banking industry. Digital innovations such as electronic payments, peer-to-peer lending, open banking, digital banking, and embedded finance have created new challenges in terms of regulation and supervision. In practice, there are dynamics regarding the boundaries of authority between the Financial Services Authority (OJK) and Bank Indonesia (BI) as two state institutions responsible for regulation and supervision in the financial sector. This study aims to analyze the boundaries of supervisory authority between OJK and Bank Indonesia over fintech activities in the banking sector and their legal implications for legal certainty and consumer protection. This research uses normative legal research methods with statutory and conceptual approaches. The findings indicate that overlapping authorities still occur, particularly in digital payment services, digital banking, electronic payment systems, and the integration of fintech services with banking institutions. Such conditions potentially create regulatory disharmony and legal uncertainty. Therefore, stronger institutional coordination, regulatory harmonization, and the establishment of an integrated supervisory framework between OJK and Bank Indonesia are necessary to ensure effective, adaptive supervision and optimal legal protection for the public.
Co-Authors Ahmad Fahrul Rozi Anharyanto Ani Wahyuni Annie Myranika Hasnah Aziz Hikmat Ansori Muhammad Ruhunussa Mustofa Kamil, Mustofa Oky Rona Wijaya Regina Yura Fitriah Sari