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All Journal Journal of Mandalika Social Science ILAW; International Journal Assulta of Law Review
Syukron Abdul Kadir
Universitas Widya Mataram Yogyakarta, Indonesia
Humanities Electrical & Electronics Engineering Library & Information Science Materials Science & Nanotechnology Social Sciences Other

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Socio-Legal Analysis of the Implementation of the 2023 Criminal Code in Society Ady Ruswanto; Alia Trishanti; Bayu Winarko; Elyan Saputra; Syukron Abdul Kadir
Journal of Mandalika Social Science Vol 3 No 2 (2025): Journal of Mandalika Social Science
Publisher : Mandalika Institute

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59613/jomss.v3i2.386

Abstract

The enactment of Law Number 1 of 2023 concerning the Criminal Code (KUHP 2023) marks a significant reform of Indonesia’s national criminal law, oriented toward humanitarian values, restorative justice, and the recognition of living law within society. Although previous studies have mainly examined the normative substance and political debates surrounding the new Criminal Code, limited attention has been given to its early social implementation and institutional readiness. This study aims to analyze the implementation of KUHP 2023 from a socio-legal perspective, particularly focusing on the level of understanding and readiness of both the public and law enforcement officials, as well as the sociological factors influencing its effectiveness. This research employs an empirical legal method with a qualitative approach, utilizing semi-structured interviews with 12 informants from law enforcement, academia, and society, supported by a literature review of regulations and scholarly sources. The findings indicate that law enforcement officials are relatively well-prepared at the structural level; however, the public still demonstrates a low and partial level of understanding of KUHP 2023. The primary inhibiting factors include a prison-centric culture, value pluralism, and potential uncertainty in the application of living law, while the supporting factors encompass the protection of privacy rights, recognition of customary law, and the adoption of a restorative justice approach. Analytically, these findings show that the effectiveness of criminal law reform depends not only on legislative change, but also on the interaction between legal norms, institutional capacity, and community legal culture. From a socio-legal perspective, the implementation of KUHP 2023 reflects a process of cultural transition that necessitates alignment between legal norms and the legal culture of society.
The Role of the Constitutional Court in Adjudicating Regional Election Disputes Syukron Abdul Kadir; Jefrianus Tamo Ama
ILAW International Journal Assulta of Law Review
Publisher : Edujavare Publishing

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.70610/ilaw.v1i2.371

Abstract

The background to forming the Constitutional Court to carry out judicial reviews. The role of the Constitutional Court in ending election disputes is a form of democracy and legal reform in Indonesia. This research aims to investigate the role of the Constitutional Court in handling disputes that arise in the context of regional elections. This research uses a normative approach. All research results come from previous researchers. Therefore, the study of this scientific work is guided by existing secondary data from books, journals, and articles as reference material for the journal's description. The research results show that the role of the Constitutional Court, in this case, is a form of democracy and legal reform in Indonesia. Also, the constitutional court has a role in the democratization of Indonesia as a guardian of democracy, especially in constitutional review. So, the authority of the Constitutional Court in deciding disputes over election results is an authority contained in the third amendment to the 1945 Constitution. However, as the authority of the Constitutional Court develops, the authority of the Supreme Court is attached to the Constitution of the Supreme Court.
Co-Authors Ady Ruswanto Alia Trishanti Bayu Winarko Elyan Saputra Jefrianus Tamo Ama