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All Journal International Journal of Law Reconstruction JURNAL PEMBANGUNAN HUKUM INDONESIA 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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Aliran Filsafat Hukum Sebagai Cara Pandang (Worldview) Hakim Dalam Menjatuhkan Putusan Pidana Asa, Agam Ibnu; Syamsuddin, Muhammad Mukhtasar; Wahyudi, Agus; Hamzah, Agus
Jurnal Pembangunan Hukum Indonesia Volume 7, Nomor 2, Tahun 2025
Publisher : PROGRAM STUDI MAGISTER HUKUM FAKULTAS HUKUM UNIVERSITAS DIPONEGORO

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.14710/jphi.v7i2.20-48

Abstract

The development of modern legal science requires a strong philosophical foundation to address the complexities of contemporary legal issues. The philosophy of law functions not only as a theoretical reflection but also as a fundamental basis for building legal theory and judicial practice. This study aims to examine the role of the philosophy of law in the development of legal science and theory, and how various schools of the philosophy of law, including Natural Law, Utilitarianism, the Historical School, Sociological Jurisprudence, Legal Realism, Critical Legal Studies (CLS), Feminist Legal Theory (FLT), Responsive Law, and Progressive Law, shape judges' worldviews in delivering criminal verdicts. This research uses a juridical-philosophical method with a conceptual and normative approach. The results show that the philosophy of law plays a central role in testing the validity, methodology, and truth within legal science. Moreover, the application of various legal thought schools enables judges to balance legal certainty with substantive justice, while considering social dynamics and the moral values of society. This study concludes that the philosophy of law is not only a theoretical framework but also serves as an integral worldview for judges in enforcing law that is just and responsive to social changes.
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.
Co-Authors Agus Wahyudi Ahmad Zubaidi Hamzah, Agus Syamsuddin, Muhammad Mukhtasar