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All Journal Awang Long Law Review
Vieta Imelda Cornelis
Dr. Soetomo University, Surabaya, Indonesia
Law, Crime, Criminology & Criminal Justice

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LEGAL STRATEGIES IN HANDLING SPATIAL CONFLICT IN REGIONAL GOVERNMENT Fadil Raid Suhariadi; Vieta Imelda Cornelis; Sri Astutik; Nur Handayati
Awang Long Law Review Vol. 8 No. 4 (2026): Awang Long Law Review
Publisher : Sekolah Tinggi Ilmu Hukum Awang Long

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56301/awl.v8i4.2171

Abstract

Spatial conflict is a common problem in regional development due to differing interests in spatial utilization. This conflict generally involves various parties, such as local governments, communities, and the private sector, who have different interests in the use of land and regional resources. This study aims to identify the factors causing spatial conflict at the local government level and analyze legal strategies that can be used to resolve such conflicts. The research method used is a normative legal approach combined with an empirical legal approach through an analysis of laws and regulations, scientific literature, and case studies of spatial conflicts in the region. The results show that spatial conflict is generally triggered by a mismatch between spatial planning and development implementation, increasing economic and investment interests, unequal public access to space, and weak coordination between government agencies. To address these problems, a comprehensive legal strategy is needed through a preventive approach in spatial planning, the implementation of dispute resolution mechanisms such as mediation, arbitration, and litigation, as well as strengthening regulations and consistent law enforcement. In addition, increasing education and socialization of spatial planning policies to the public is also an important factor in creating more transparent, participatory, and sustainable spatial governance.
THE NEW PARADIGM FOR JUDGES IN DECIDING CRIMINAL CASES: BALANCING LEGAL CERTAINTY AND SUBSTANTIVE JUSTICE Suviana Suwoto Mulyosudarmo; Vieta Imelda Cornelis; Siti Marwiyah; Wahyu Prawesthi
Awang Long Law Review Vol. 8 No. 4 (2026): Awang Long Law Review
Publisher : Sekolah Tinggi Ilmu Hukum Awang Long

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56301/awl.v8i4.2172

Abstract

The enactment of Law No. 1 of 2023 on the Criminal Code (KUHP) marks a fundamental transformation in Indonesia’s criminal justice system, shifting the paradigm from retributive justice toward corrective, rehabilitative, and restorative justice. This research aims to analyze the transformation of the judge’s role from being a mere “mouthpiece of the law” (la bouche de la loi) to becoming a progressive legal finder (rechtsvinding), while examining the balancing mechanism between formal legal certainty and substantive justice. Using a normative legal research method with conceptual and statutory approaches, this study finds that the new Criminal Code grants broad humanistic discretionary power to judges. This is reflected in Article 12 regarding the recognition of living law, Article 51 concerning holistic sentencing guidelines, and Article 54 regarding judicial pardon. The research findings emphasize that this new role requires judges to perform individualized sentencing that considers the subjective condition of the perpetrator and the restoration of the victim. However, the flexibility of this discretion brings consequences regarding the urgency of moral integrity and the accountability of legal reasoning (ratio decidendi). Without solid ethical standards, discretion risks falling into judicial arbitrariness. This research concludes that the success of national criminal law reform depends heavily on the intellectual readiness of judges to harmonize statutory texts with the sense of justice embedded within society.
Co-Authors Fadil Raid Suhariadi Nur Handayati Siti Marwiyah Sri Astutik Suviana Suwoto Mulyosudarmo Wahyu Prawesthi