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All Journal International Journal of Law Reconstruction JURNAL PEMBANGUNAN HUKUM INDONESIA
Syamsuddin, Muhammad Mukhtasar
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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.
Co-Authors Agus Wahyudi Ahmad Zubaidi Asa, Agam Ibnu Hamzah, Agus