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All Journal Media Hukum Indonesia (MHI)
Viona Ardhanareswari
Fakultas Hukum, Universitas Pembangunan Nasional “Veteran” Jakarta
Law, Crime, Criminology & Criminal Justice

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Justice, Legal Certainty, and Utility in Criminal Law Enforcement in Indonesia: A Review of Gustav Radbruch’s Philosophy of Law in the Case of Grandma Minah Najwa N; Viona Ardhanareswari
Media Hukum Indonesia (MHI) Vol 4, No 3 (2026): September 2026
Publisher : Penerbit Yayasan Daarul Huda Kruengmane

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.5281/zenodo.23113795

Abstract

This paper examines the tension between justice, legal certainty, and utility in the enforcement of criminal law in Indonesia through Gustav Radbruch’s theory of fundamental legal values, using the case of Nenek Minah (Purwokerto District Court Decision No. 247/Pid.B/2009/PN.Pwt) as a case study. There are two research questions: (1) how is the ruling in this case evaluated based on the three fundamental legal values, and (2) how have post-case legal developments shifted the balance among these three values? The study employs a normative legal methodology using conceptual, case-based, and statutory approaches. The findings indicate that the ruling formally satisfies legal certainty but falls short in terms of proportional justice and utility. This case did not reach the threshold of extreme injustice under the Radbruch Formula; thus, the issue lies in the rigid application of the law and the limited legal instruments available at that time. Perma No. 2 of 2012, restorative justice policies, and Law No. 1 of 2023 on the Criminal Code which prioritizes justice over legal certainty when the two conflict shift the balance toward a more substantive approach to law enforcement, with the risk of disparity in rulings if judicial discretion is not accompanied by accountable reasoning.
Co-Authors Najwa N