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All Journal International Journal of Law Reconstruction Reformasi Hukum Abjad : Journal of Humanities & Education
Asa, Agam Ibnu
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Religion Arts Humanities Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Other

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Restorative Justice is a Progressive Breakthrough in Resolving Criminal Law Problems Asa, Agam Ibnu; Syamsuddin, Muhammad Mukhtasar; Zubaidi, Ahmad; Wahyudi, Agus
International Journal of Law Reconstruction Vol 9, No 1 (2025): International Journal of Law Reconstruction
Publisher : UNISSULA

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Abstract

The prevailing criminal law paradigm worldwide remains rooted in the penal system, where offenders are subjected to punitive measures, such as imprisonment, based on their level of guilt. This approach often prioritizes the punishment of the offender while neglecting the needs and rights of the victim. This study examines restorative justice as an alternative method of crime resolution, seeking to address the limitations of the conventional criminal justice system. Through qualitative research and a philosophical juridical approach, the study identifies the legal foundations of restorative justice in Indonesian criminal law, evaluates its challenges, and assesses its effectiveness in reducing judicial inequality and promoting social reconciliation. The findings highlight that restorative justice is reflected in Indonesia’s juvenile justice system, particularly under Law No. 11 of 2012, and is also integrated into the proposed Criminal Code Bill, specifically in Articles 116, 117, and 118. Key challenges to implementation include the retributive nature of the Indonesian legal system, limited understanding among law enforcement officials, and societal concerns over the perceived leniency of non-custodial sentences. However, restorative justice presents significant potential as a progressive solution for resolving criminal acts, contingent on strong commitment from all stakeholders and alignment with Indonesia's socio-cultural context and morality.
The Evolution of Ronald Dworkin's Legal Philosophy: From Interpretivism to Integrity Asa, Agam Ibnu
Abjad Journal of Humanities & Education Vol. 3 No. 2 (2025): Abjad: Journal of Humanities & Education
Publisher : Centre for Literary and Cultural Studies

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62079/abjad.v3i2.88

Abstract

Ronald Dworkin's legal philosophy marked a paradigm shift from positivism, emphasizing law as a deep interpretive practice. The problem addressed is the lack of systematic exploration into the evolution of Dworkin's thought from early interpretivism to integrity and the unity of value as a single narrative. This study aims to trace how Dworkin's ideas developed and shaped each other. Through literature review and conceptual analysis of his major works, this research finds that Dworkin's early interpretivism, which focused on criticizing Hart and the role of principles in "hard cases," developed and influenced the formation of the theory of "Law as Integrity" by demanding principled coherence. Key stages in his evolution include the critique of positivism, the development of rights as trumps, the formulation of integrity as a legal virtue, and the introduction of the unity of value. Furthermore, the concept of "unity of value" strengthens the theories of integrity and interpretivism by providing a philosophical foundation that moral values are fundamentally coherent. In conclusion, Dworkin built an integrated philosophical architecture, asserting law as an ongoing moral project aimed at realizing justice and principled consistency.
The Philosophy of Law as a Gateway to Understanding Law Asa, Agam Ibnu; Shidarta, Shidarta
Reformasi Hukum Vol 29 No 3 (2025): December Edition
Publisher : Fakultas Hukum Universitas Islam Jakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.46257/jrh.v29i3.1284

Abstract

The philosophy of law plays a foundational role in conceptualizing law beyond its formal structure as written rules, particularly in legal systems marked by tensions between positive law and substantive justice, such as Indonesia. This study examines how philosophy of law functions as an epistemic gateway to understanding the nature, authority, and normative grounding of law by integrating classical and modern jurisprudential traditions. Employing a juridical-philosophical method with a qualitative-descriptive approach based on doctrinal and theoretical analysis, the research engages natural law theory, legal positivism, legal realism, and critical approaches. The findings indicate that the relationship between law and morality cannot be reduced to a rigid dichotomy; instead, these traditions provide complementary analytical frameworks for assessing legal validity, legitimacy, and justice. By situating these perspectives within Indonesia’s plural legal context, the study demonstrates the continuing relevance of philosophical inquiry for legal interpretation and institutional reform. It concludes that strengthening philosophical foundations in legal education is essential to foster reflective legal reasoning and to bridge the gap between formal legality and substantive justice.
Co-Authors Agus Wahyudi Ahmad Zubaidi Shidarta Shidarta Syamsuddin, Muhammad Mukhtasar