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All Journal International Journal of Law Reconstruction Asia Pacific Fraud Journal JURNAL PEMBANGUNAN HUKUM INDONESIA
Syamsuddin, Muhammad Mukhtasar
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Economics, Econometrics & Finance Law, Crime, Criminology & Criminal Justice Social Sciences 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 Vol 7, No 2 (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.
Rational Choice Theory as a Philosophical Basis for Voluntary Disclosure of Anti-Fraud Policy Kurniawati, Anggreni Dian; Syamsuddin, Muhammad Mukhtasar
Asia Pacific Fraud Journal Vol. 10 No. 2: 2nd Edition (July-December 2025)
Publisher : Association of Certified Fraud Examiners Indonesia Chapter

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21532/apfjournal.v10i2.414

Abstract

The disclosure of anti-fraud policies by non-financial companies in Indonesia is still voluntary, unlike that of financial and banking companies that which are required to make such disclosures. In the context of voluntary disclosure of anti-fraud policies, rational choice theory assumes that companies will make disclosure if the benefits are perceived to outweigh the risks. However, in reality, non-economic motives additionally take a role in decisions pertaining to this disclosure, in addition to rational ones. This research criticizes the rational choice theory by exploring whether voluntary disclosure decisions by non-financial companies are genuinely rational or influenced by significant non-economic factors such as moral, cultural, and corporate image. This research provides a new perspective for non-financial companies in Indonesia to consider non-economic factors in decision-making regarding the disclosure of anti-fraud policies and to develop views in the philosophy of economics on the importance of social and moral factors in economic decision-making about transparency and accountability. This study concerns the economic rationality assumption in the voluntary disclosure of anti-fraud measures by non-financial enterprises in Indonesia, emphasizing the importance of social and organizational culture elements. The findings indicate that a purely rational approach may not always be effective, underlining the importance of integrating ethical ideals and economic philosophy to promote transparency motivated by moral principles rather than financial gain.
Co-Authors Agus Wahyudi Ahmad Zubaidi Anggreni Dian Kurniawati Asa, Agam Ibnu Hamzah, Agus