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All Journal Kasta: Jurnal Ilmu Sosial, Agama, Budaya dan Terapan
Syamsuddin
Universitas Muhammadiyah Bima, Indonesia
Education

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Restorative Justice in the Indonesian Criminal Justice System: An Analysis of the Normative Construction of the Criminal Code and the Criminal Code in the Perspective of Pancasila and Legal Reform Muhammad Rifaid; Syamsuddin; Ridwan; Hajairin; Musmuliadin
KASTA : Jurnal Ilmu Sosial, Agama, Budaya dan Terapan Vol. 5 No. 3 (2025): Desember
Publisher : Lembaga Bale Literasi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58218/kasta.v5i3.3300

Abstract

Through legal doctrinal research, this paper investigates the normative construction and philosophical foundations of integrating restorative justice in the Indonesian criminal justice system. This study uses legislative, comparative, and conceptual methods to assess the legal structure, consistency, and prospects for the implementation of the National Criminal Code (Law No. 1/2023) and the Criminal Procedure Law (Kitab Undang-Undang Hukum Acara Pidana/KUHAP). The results of the study show a fairly comprehensive normative framework with a strong philosophical foundation based on Pancasila, supported by constitutional clauses and customary law traditions. In particular, this study found that the paradigm transformation from retributive to restorative is reflected in the goal of punishment that emphasizes the restoration of social relationships, the reintegration of perpetrators, and the protection of victims. However, the effectiveness of implementation still faces challenges in the form of regulatory disharmony, limited capacity of law enforcement officials, and the lack of optimal monitoring and evaluation mechanisms for the implementation of restorative agreements. In addition, there are normative gaps related to loss recovery standards, protection of vulnerable groups, and integration of customary law in formal judicial practice. This condition shows that although conceptually restorative justice has acquired strong normative legitimacy, its implementation still requires institutional strengthening and policy harmonization. To ensure effective, equitable, and protection-oriented implementation of human rights, this study proposes a framework for the Pancasila-Based Integrated Restorative Justice System and offers legal policy recommendations that emphasize the integration of structural, substantial, cultural, and procedural dimensions in the national criminal justice system.
Legal Protection For Land Rights Holders In The Implementation Of Electronic Certificates Under Regulation Of The Minister Of Agrarian Affairs And Spatial Planning/Head Of The National Land Agency No. 3 Of 2023 Arif Rahman; Zuhrah; Syamsuddin
KASTA : Jurnal Ilmu Sosial, Agama, Budaya dan Terapan Vol. 5 No. 3 (2025): Desember
Publisher : Lembaga Bale Literasi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58218/kasta.v5i3.4111

Abstract

Advances in information technology have driven digital transformation in land administration through the implementation of electronic certificates as part of the modernization of Indonesia’s land registration system. This policy is legally grounded in Regulation of the Minister of Agrarian Affairs and Spatial Planning/Head of the National Land Agency No. 3 of 2023 concerning the Issuance of Electronic Documents in Land Registration Activities. This study aims to analyze the legal protection provisions for land rights holders in the implementation of electronic certificates, assess the effectiveness of their application within the land registration system, and identify the factors influencing legal protection for land rights holders. The study employs a normative legal research method using legislative, conceptual, philosophical, and case-based approaches. The legal materials consist of primary, secondary, and tertiary sources, analyzed using a descriptive-qualitative approach. The results indicate that, from a normative perspective, the implementation of electronic certificates has provided a sufficiently strong legal basis for ensuring legal certainty and legal protection for land rights holders. However, the effectiveness of their implementation is still influenced by the readiness of information technology infrastructure, the security of electronic systems, the quality of human resources, the integration of land data, and the level of public trust in digital systems. Therefore, strengthening regulations, enhancing institutional capacity, and improving information security systems are crucial factors in achieving optimal legal protection through an electronic land registration system.
Co-Authors Arif Rahman Hajairin Muhammad Rifaid Musmuliadin Ridwan Zuhrah