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All Journal Jurnal Hukum Pelita
Lestari Anggraini
Universitas Widya Mataram, Daerah Istimewa Yogyakarta
Arts Humanities Law, Crime, Criminology & Criminal Justice Social Sciences

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Penegakan Hukum Pidana dalam Perspektif Sosiologi Hukum: Analisis Kesenjangan antara Norma dan Realitas Sosial Suratman Suratman; Lestari Anggraini; Hartanto Hartanto; Aida Dewi
JURNAL HUKUM PELITA Vol. 7 No. 1 (2026): Jurnal Hukum Pelita Mei 2026
Publisher : Direktorat Penelitian dan Pengabdian (DPPM) Universitas Pelita Bangsa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37366/jhp.v7i1.7057

Abstract

Criminal law is often positioned as a state instrument to maintain social order and control deviant behavior. However, its effectiveness cannot be understood solely through normative legal analysis. This study examines criminal law from a sociology of law perspective to analyze the relationship between normative legal construction and social reality, as well as the gap between the objectives of criminal law and its enforcement practices. Using normative legal research with a qualitative approach, this study analyzes legislation, legal doctrines, and relevant literature through conceptual and sociological perspectives. The findings show that criminal law operates within complex social structures influenced by power relations, cultural values, and institutional practices. A legalistic and repressive enforcement approach often leads to social injustice, stigmatization, and declining public trust in the criminal justice system. The study argues that integrating a sociology of law perspective is essential to develop a more responsive, contextual, and humane criminal law system. Criminal law reform should shift from a purely punitive orientation toward a balanced approach that emphasizes proportionality, restorative justice, and social protection. Strengthening legal awareness through civic education is also crucial to enhance the legitimacy and effectiveness of criminal law in a pluralistic society
Co-Authors Aida Dewi Hartanto Suratman Suratman