Ruslina Dwi Wahyuni
Constitutional Law Study Program, Mulia Astuti Islamic College, Wonogiri, Indonesia

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Restructuring Electronic Traffic Violation Enforcement Regulations to Achieve Justice Arpan; Ruslina Dwi Wahyuni
Jurnal Ilmu Pendidikan dan Sains Islam Interdisipliner Vol. 4 No. 4 November 2025: Jurnal Ilmu Pendidikan dan Sains Islam Interdisipliner
Publisher : Yayasan Azhar Amanaa Yogyakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59944/jipsi.v4i4.821

Abstract

The implementation of Electronic Traffic Law Enforcement (ETLE) represents a form of modernization in traffic law enforcement aimed at enhancing the effectiveness, transparency, and accountability of traffic and road transport violation handling. Normatively, the use of electronic devices in traffic law enforcement has obtained a legal basis under Article 272 of Law Number 22 of 2009 on Road Traffic and Transportation. However, in practice, the implementation of ETLE reveals a number of fundamental issues related to regulatory inconsistency, normative gaps, and the insufficient internalization of substantive justice values within this technology-based law enforcement system. This study aims to analyze the reasons why regulations governing electronic traffic and road transport law enforcement have not yet been grounded in justice-based values, to identify normative, institutional, and procedural weaknesses in the implementation of ETLE, and to formulate a reconstruction of electronic traffic law enforcement regulations oriented toward justice values. This research employs a doctrinal legal research method with a socio-legal approach, adopts a constructivist paradigm, and is supported by primary data obtained through interviews and field observations. The analysis is conducted using Pancasila justice theory as the grand theory, legal effectiveness theory as the middle-range theory, and progressive legal theory as the applied theory. The findings indicate that the current ETLE system prioritizes administrative certainty and technical efficiency over substantive justice. The main weaknesses lie in the hierarchical inconsistency of regulations, deviations from the principle of personal liability, the implicit reversal of the burden of proof, the absence of clear technical standards for electronic evidence, weak mechanisms for the protection of citizens’ rights, and institutional fragmentation accompanied by poor inter-agency coordination. These conditions give rise to structural injustice, particularly when vehicle owners are positioned as subjects of legal responsibility without due consideration of the actual perpetrators of traffic violations. Therefore, this study positions the reconstruction of ETLE regulations as a conceptual necessity to shift the paradigm of traffic law enforcement from administrative certainty toward substantive justice, through the clarification of legal responsibility subjects, the strengthening of citizens’ rights protection, and the integration of accountable and human-oriented technology governance.
Reformulation of Restorative Justice Requirements in Handling Sexual Violence Based on Substantive Justice Values and Social Responsiveness Abdul Jalil; Ruslina Dwi Wahyuni
Jurnal Ilmu Pendidikan dan Sains Islam Interdisipliner Vol. 4 No. 4 November 2025: Jurnal Ilmu Pendidikan dan Sains Islam Interdisipliner
Publisher : Yayasan Azhar Amanaa Yogyakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59944/jipsi.v4i4.822

Abstract

This study aims to reformulation the regulation of restorative justice requirements by considering social conditions grounded in substantive justice values. Restorative justice is an approach to resolving criminal cases that emphasizes the restoration of relationships among offenders, victims, and the community. However, in practice, the implementation of restorative justice tends to remain normative and formalistic and has not fully accommodated the dynamics of social conditions and justice values that exist within society, thereby potentially creating inequality in justice outcomes. This research employs a normative juridical approach combined with a socio-legal perspective. The data were obtained through a literature review of laws and regulations, legal doctrines, and relevant scholarly literature, and were strengthened by primary data collected through in-depth interviews with law enforcement officers and other stakeholders involved in the implementation of restorative justice. Data analysis was conducted using a descriptive-analytical method by examining the conformity between the normative regulation of restorative justice and social realities in society. The results indicate that the current regulation of restorative justice requirements remains focused on procedural and administrative aspects and has not optimally incorporated indicators of social conditions, local justice values, and community participation. Interview findings reveal a gap between regulatory frameworks and practical implementation, particularly in assessing the eligibility for applying restorative justice. Therefore, a reconstruction of the regulatory framework is necessary, emphasizing substantive justice values, flexibility toward social conditions, and active community involvement. This reconstruction is expected to realize a more contextual, humane, and socially just restorative justice system.
Reformulation of Regulations on the Termination of Criminal Acts Against Mentally Ill Offenders Based on Substantive Justice Values Debi Triani Murdiyambroto; Ruslina Dwi Wahyuni
Jurnal Ilmu Pendidikan dan Sains Islam Interdisipliner Vol. 4 No. 4 November 2025: Jurnal Ilmu Pendidikan dan Sains Islam Interdisipliner
Publisher : Yayasan Azhar Amanaa Yogyakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59944/jipsi.v4i4.823

Abstract

This research is motivated by the legal uncertainty and injustice in regulating the termination of criminal acts on the grounds of mental illness in the Indonesian criminal justice system. Current regulations, both in the Criminal Code (KUHP) and the Criminal Procedure Code (KUHAP), do not provide clear definitions, objective assessment standards, or adequate oversight mechanisms, resulting in differing interpretations and potentially harming victims and the community. Furthermore, the approach used tends to be perpetrator-oriented and does not fully reflect the values of substantive and restorative justice. The purpose of this study is to analyze the reasons why the regulation on the termination of criminal acts on grounds of mental illness is not based on values of justice, to identify the weaknesses of the current regulation, and to formulate a reconstruction of the regulation that is fairer and more comprehensive. This study uses a sociological juridical method with a normative and empirical approach, supported by the Pancasila theory of justice, legal system theory, and progressive legal theory. The results indicate that the main weaknesses lie in the absence of standard standards for assessing mental illness, a lack of coordination between institutions, and the absence of a post-discontinuation monitoring mechanism. Therefore, regulatory reconstruction is needed, including a clearer definition of mental disorders, standardization of assessment procedures, the establishment of an independent oversight body, and the strengthening of a restorative justice approach through the rehabilitation and social reintegration of offenders. This reconstruction is expected to create a balance between protecting the rights of offenders, justice for victims, and the interests of society, resulting in a more just, humane, and substantive criminal justice system.
Recklessness in Traffic Criminal Law: A Comparative Study and Policy Reconstruction Based on the Principle of Substantive Justice Andriyanto; Ruslina Dwi Wahyuni
Jurnal Ilmu Pendidikan dan Sains Islam Interdisipliner Vol. 4 No. 4 November 2025: Jurnal Ilmu Pendidikan dan Sains Islam Interdisipliner
Publisher : Yayasan Azhar Amanaa Yogyakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59944/jipsi.v4i4.828

Abstract

Traffic accidents in Indonesia, which claim tens of thousands of lives each year, are not only a human tragedy but also a reflection of the systemic failure of criminal law to respond proportionally and fairly to reckless driving behavior. This study examines the issue of recklessness, a form of error that positions itself between intent (dolus) and negligence (culpa) within the framework of Indonesian traffic criminal law, with the aim of identifying existing normative references, conducting a comparative study of more advanced legal systems, and formulating policy reconstruction based on the principle of substantive justice. This study uses a normative juridical research method that combines legislative, comparative legal, and conceptual approaches. This study finds that Law Number 22 of 2009 concerning Traffic and Road Transportation, especially Articles 310 and 311, leaves a significant normative gap because it does not accommodate recklessness as an independent form of error, so that perpetrators who consciously ignore the risk to the safety of others are often only charged with negligence articles whose criminal penalties do not reflect the true gravity of moral error. The research results conclude that the reconstruction of Indonesian traffic criminal law to explicitly accommodate recklessness is a legal and moral necessity, especially in the momentum of the enactment of Law Number 1 of 2023 concerning the Criminal Code in 2026.