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All Journal AL-Ishlah : Jurnal Ilmiah Hukum
Baharuddin Badaru
Faculty of Law, Universitas Muslim Indonesia
Law, Crime, Criminology & Criminal Justice

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The Effectiveness of Restorative Justice in Judicial Decisions: The Transformation of the Sentencing Paradigm in Indonesia Alif Fajar Herihanli Palimai; Mulyati Pawennei; Baharuddin Badaru
Al-Ishlah: Jurnal Ilmiah Hukum Vol 29 No 1 (2026): December 2025 - May 2026
Publisher : Fakultas Hukum, Universitas Muslim Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56087/j7x6y995

Abstract

This study examines the effectiveness of implementing restorative justice within Indonesia’s sentencing system in light of recent criminal law reform. Restorative justice, which emphasizes victim recovery, offender accountability, and social reconciliation, reflects values long embedded in Indonesia’s customary traditions. The enactment of Law Number 1 of 2023 concerning the Criminal Code marks a significant normative and philosophical shift from retributive punishment toward restoration and social balance. Despite the availability of various regulatory frameworks and institutional guidelines, challenges remain, particularly in procedural law, regulatory fragmentation, limited institutional capacity, and prevailing retributive legal culture. Using a normative juridical approach supported by conceptual and statutory analysis, this research evaluates the consistency between restorative justice principles and their practical application in judicial decisions. The findings indicate that restorative justice in Indonesia is in a transitional phase, with stronger implementation in juvenile and minor offense cases, while broader application still requires harmonization of criminal procedure law, enhanced judicial capacity, and systemic coordination among law enforcement agencies. Strengthening these aspects is essential to ensure that restorative justice becomes a substantive and consistent paradigm within Indonesia’s modern sentencing system.
The Role of Provost in Enforcing Internal Police Discipline: A Juridical Study at Battalion C Pelopor, Mobile Brigade Corps (Brimob), South Sulawesi Regional Police A. Muallim AM; Askari Razak; Baharuddin Badaru
Al-Ishlah: Jurnal Ilmiah Hukum Vol 29 No 1 (2026): December 2025 - May 2026
Publisher : Fakultas Hukum, Universitas Muslim Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56087/8j8jab31

Abstract

This study examines the juridical function of the Provost in enforcing disciplinary law within the Indonesian National Police at Battalion C Pelopor of the Mobile Brigade Corps, South Sulawesi Regional Police. The research applies a sociological or empirical legal approach that analyzes law not only as written norms but also as legal behavior in institutional practice. Data were obtained through literature review, interviews, and observation involving police personnel, academics, legal practitioners, and members of the public. The findings show that the Provost serves as a strategic internal supervisory body responsible for monitoring, investigating, and enforcing disciplinary rules among police officers. The juridical basis of this function derives from Law Number 2 of 2002 on the Indonesian National Police and Government Regulation Number 2 of 2003 on Police Disciplinary Regulations. The study also reveals that disciplinary enforcement operates through systematic procedures such as reporting, investigation, and leadership decision-making. Its effectiveness, however, is influenced by legal substance, professionalism of officers, availability of facilities, community expectations, and organizational culture. Strengthening the capacity and independence of Provost personnel, improving legal awareness and professional ethics, and enhancing transparency in disciplinary processes are necessary to support institutional accountability and public trust in the police
Law Enforcement of the Crime of Human Trafficking against Indonesian Migrant Workers: An Analysis of Decision Number 1313/Pid.Sus/2023/PN Makassar Muh. Adit Anugrah Mukhsin; Askari Razak; Baharuddin Badaru
Al-Ishlah: Jurnal Ilmiah Hukum Vol 29 No 1 (2026): December 2025 - May 2026
Publisher : Fakultas Hukum, Universitas Muslim Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56087/

Abstract

This study aims to analyze law enforcement against the crime of human trafficking involving Indonesian migrant workers, as well as the judicial considerations in Decision Number 1313/Pid.Sus/2023/PN Makassar. This research employs a normative legal method using statutory, case, and conceptual approaches. The results indicate that, from a juridical perspective, law enforcement against human trafficking has a strong legal foundation in both national law and international instruments. The court decision reflects the application of the principle of material truth and the independence of judicial power through juridical and sociological considerations. However, there remain weaknesses in the sentencing aspect, which has not fully produced a deterrent effect and has not optimally fulfilled victims’ rights, particularly concerning restitution and recovery approaches. This study recommends strengthening sentencing policies oriented toward substantive justice through the integration of retributive and restorative approaches, enhancing victim protection, and improving coordination and capacity of law enforcement authorities in order to increase the effectiveness of law enforcement and protection for Indonesian migrant workers
Co-Authors A. Muallim AM Alif Fajar Herihanli Palimai Askari Razak Muh. Adit Anugrah Mukhsin Mulyati Pawennei