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All Journal JURNAL HUKUM Masalah-Masalah Hukum Bestuur Jurisprudence Jurnal Ilmiah Hukum LEGALITY The Spirit of Society Journal : International Journal of Society Development and Engagement Jurnal Yudisial Pena Justisia: Media Komunikasi dan Kajian Hukum YURISDIKSI : Jurnal Wacana Hukum dan Sains Audito Comparative Law Journal (ACLJ) AKADEMIK: Jurnal Mahasiswa Humanis Jurnal Dedikasi Hukum Hukum Pidana dan Pembangunan Hukum Indonesia Law Reform Journal (ILREJ) Innovative: Journal Of Social Science Research International Journal of Law and Society RechtIdee Al-Zayn: Jurnal Ilmu Sosial & Hukum Civilia: Jurnal Kajian Hukum dan Pendidikan Kewarganegaraan Lex Stricta : Jurnal Ilmu Hukum
Sidik Sunaryo
Universitas Muhammadiyah Malang
Religion Arts Humanities Computer Science & IT Economics, Econometrics & Finance Education Environmental Science Health Professions Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Public Health Social Sciences Other

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KEADILAN DALAM DIMENSI PLURALITAS HUKUM: TANTANGAN DAN ARAH REFORMASI SISTEM HUKUM INDONESIA Widharu, Shasa Suta; Sunaryo, Sidik
Innovative: Journal Of Social Science Research Vol. 5 No. 4 (2025): Innovative: Journal Of Social Science Research
Publisher : Universitas Pahlawan Tuanku Tambusai

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31004/innovative.v5i4.20040

Abstract

Indonesia as a multicultural country faces major challenges in managing legal pluralism that includes state, customary, and religious legal systems. Although the existence of legal plurality is constitutionally recognized, its implementation still shows the dominance of positive law and ignores local and religious legal systems. This inequality hinders the achievement of substantive justice, especially for indigenous communities and minority groups. This study aims to examine the configuration of legal pluralism in Indonesia and formulate an alternative paradigm based on legal pluralism without discrimination within the framework of national legal reform. With a normative-juridical approach, this study highlights the importance of integrating the legal system in a parallel manner and strengthening participatory and community-based conflict resolution mechanisms. The urgency of legal education reform is also emphasized in order to be able to create inclusive and contextual law enforcers. In the context of globalization that encourages the homogenization of law, legal pluralism offers a way to maintain the sustainability of local legal identity. Therefore, legal pluralism without discrimination needs to be mainstreamed in the development of a national legal system that is fair, participatory, and in accordance with the values ​​of Pancasila.
Evaluasi Keadilan Dalam Kebijakan Perpanjangan Masa Jabatan Kepala Desa: Pendekatan Normatif Sila Kelima Pancasila Jannah, Laillatul; Sunaryo, Sidik
Innovative: Journal Of Social Science Research Vol. 5 No. 4 (2025): Innovative: Journal Of Social Science Research
Publisher : Universitas Pahlawan Tuanku Tambusai

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31004/innovative.v5i4.20110

Abstract

The extension of village head tenure from six to eight years in Law No. 3 of 2024 creates a paradox between administrative efficiency and the implementation of Pancasila's social justice values. This research aims to analyze the policy's consistency with the fifth principle of Pancasila's social justice, formulate evaluation parameters based on Pancasila values, and develop just policy formulations. A qualitative method with normative juridical approach was employed through library research and legal hermeneutic analysis of primary and secondary legal materials from 2020-2025. Results indicate that this policy potentially creates structural tensions in village democracy systems, with possible power accumulation up to sixteen years contradicting the principle of power limitation. Distributive and procedural justice analysis indicates the need for strengthened accountability and transparency mechanisms. The research concludes that policy implementation requires a holistic approach integrating governmental stability with democratization principles and inclusive community participation to ensure the achievement of social justice according to Pancasila's mandate.
Refleksi Moralitas dalam Keadilan Restoratif sebagai Alternatif Penyelesaian Tindak Pidana Elvariani, Risma; Sunaryo, Sidik
AKADEMIK: Jurnal Mahasiswa Humanis Vol. 5 No. 3 (2025): AKADEMIK: Jurnal Mahasiswa Humanis
Publisher : Perhimpunan Sarjana Ekonomi dan Bisnis

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37481/jmh.v5i3.1525

Abstract

The retributive approach in Indonesia's criminal justice system has increasingly been challenged for failing to address the root causes of crime, victim needs, and offender rehabilitation. This study aims to explore restorative justice as a moral and philosophical alternative that emphasizes healing over punishment. It focuses on the correlation between justice and morality, reflecting how restorative practices contribute to a more humane and inclusive legal system. Using a philosophical-juridical method, the study examines statutory regulations including the Juvenile Criminal Justice System Law No. 11/2012, Prosecutor’s Regulation No. 15/2020, and Police Regulation No. 8/2021 and integrates them with the concepts of justice by Plato, moral responsibility by Poespoprodjo, and reintegrative shaming by Braithwaite. The findings highlight that restorative justice prioritizes repairing social harm, active accountability of offenders, and the empowerment of victims through participatory dialogue. Morality is manifested in the separation of wrongdoing from the wrongdoer, enabling moral transformation and social reintegration without stigmatization. While restorative principles have been partially adopted into national legislation, cultural and institutional resistance remains a challenge. Nonetheless, restorative justice emerges as a practical and ethical legal innovation capable of reducing recidivism, prison overcrowding, and distrust in the legal system. It offers not only a legal solution but a moral commitment to restoring social harmony.
Comparison of Corruption Criminal Law in Indonesia and China: Analysis of Sanctions and Implementation Sumunar, Sumertak; Sunaryo, Sidik; Haris
Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 23 No. 002 (2024): Pena Justisia (Special Issue)
Publisher : Faculty of Law, Universitas Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar

Abstract

Corruption is a serious problem that affects stability and development in many countries, including Indonesia and China. These two countries have different approaches in terms of regulating sanctions and implementing punishments against corrupt actors. This study aims to conduct a comparative analysis of how the criminal law of corruption is regulated and implemented in Indonesia and China. Departing from the above problems, the author takes three formulations, the first problem is how the regulation of the threat of death penalty in corruption crimes in Indonesia and China differs? Second, how is the regulation of the threat of death penalty in corruption crimes in Indonesia and China similar? And third, how does the regulation of the threat of death penalty in corruption crimes in Indonesia compare with China? In this study, the author uses a normative research method, which is often referred to as doctrinal legal research or literature research. The results of this study are that overall, China tends to have heavier and stricter criminal sanctions in dealing with corruption compared to Indonesia, with the use of the death penalty being an option in extreme cases. On the other hand, Indonesia has shown a focus on restoring state losses and additional law enforcement to increase effectiveness and accountability in the eradication of corruption. Although China's approach to corruption punishment is very firm, not all elements can be adapted to improve the system in Indonesia Keywords:Corruption Criminal Law; China; Indonesia
Law Enforcement of The Criminal Act of Distribution of Cigarette Without Excise (Empirical Review of The Enforcement of Law Number 39 Of 2007 at Kediri Customs) Sanggarningrum, Meylina; Sunaryo, Sidik; Haris
Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 23 No. 002 (2024): Pena Justisia (Special Issue)
Publisher : Faculty of Law, Universitas Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31941/pj.v23i3.5207

Abstract

Abstract  Received: 2024-10-12 Revised: 2024- 10-23 Accepted: 2024-12-11   Keywords: Law enforcement, Duty Free Cigarettes, Law Number 39 of 2007 Weak law enforcement regarding the circulation of cigarettes without excise stamps in the Kediri Customs and Excise area, causing huge losses to the state. The aim of this research is to determine law enforcement regarding the distribution of cigarettes without excise stamps in the City of Kediri based on Law Number 39 of 2007 and the ideal solution in overcoming the problem of law enforcement regarding the distribution of cigarettes without excise stamps in the City of Kediri. This research is empirical legal research. This research uses primary data, namely the results of interviews with Kediri City Customs and Excise regarding law enforcement for the criminal act of distributing cigarettes without excise stamps as well as secondary data using the provisions of Law no. 39 of 2007 and other regulations relating to excise crimes, legal books, legal theory, and previous research that is considered relevant. The research uses descriptive analytical techniques. The results of this research show that the number of perpetrators who commit criminal acts is not comparable to the number of law enforcement officers who are in the field enforcing cigarette excise tax distribution. The relatively minimal facilities for arresting individuals involved in distributing cigarettes without excise stamps, as well as the lack of knowledge of the public who do not understand the existence of cigarettes without excise stamps, are problems in implementing law enforcement against the distribution of illegal cigarettes. Efforts to overcome the problem of law enforcement regarding the criminal act of distributing cigarettes without excise stamps in Kediri City can be done by collaborating with other law enforcement agencies, carrying out stricter supervision, and adding units or work units to APH on a smaller scale to be distributed in areas of authority. Kediri City Customs office      
Penerapan Criminal Justice System Yang Humanis Dan Eefektif Sebagai Paradigma Baru Pembaharuan Sistem Peradilan Pidana Di Indonesia Rahayu, Setyaning; Sidik Sunaryo
Lex Stricta : Jurnal Ilmu Hukum Vol. 4 No. 1 (2025)
Publisher : Sekolah Tinggi Ilmu Hukum Sumpah Pemuda

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.46839/lexstricta.v4i1.1370

Abstract

Indonesia's criminal justice system is currently facing serious challenges. Problems such as prison overcapacity, injustice in law enforcement, and inadequate protection of human rights are major issues. In this study, the researcher applied a systematic review method and meta-analysis of various literatures and recent studies to examine the implementation of a new paradigm in a more humane and effective criminal justice system in Indonesia. The findings show that reforms in the criminal justice system need to emphasize the principles of restorative justice, protection of human rights, as well as collaboration between law enforcement agencies. Collaboration is needed to demonstrate shared commitment, update regulations, and increase the capacity of law enforcement agencies in order for Indonesia's criminal justice system to achieve real justice and protect human rights.
The Narrating Ontology Morality of Corruption Law in Indonesia Based on Islamic Value Sidik Sunaryo; Shinta Ayu Purnamawati; Muhammad Jihadi; Sholahuddin Al-Fatih
Jurnal Hukum Vol 41, No 1 (2025): Jurnal Hukum
Publisher : Unissula

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26532/jh.v41i1.37154

Abstract

This article aimed to explain the ontology morality of corruption law in Indonesia from an Islamic value. The meaning of justice in the study of law contains the value of goodness and truth. The value of goodness has a home in the realm of 'taste,' which provides a foundation and direction towards the spirit of conscience. Philosophically, it must be done fundamentally, deeply, and thoroughly to the meanings of god's attributes in essence (ontology). The philosophical approach is one of the options for this article, besides the concept approach and doctrine (epistemology). Although realized, there is a firm limit to rational ability in providing the meanings of justice, certainty, and usefulness of the law. Limited ability shows 'dwarfity' and rational superiority under 'breadth' divine values and attributes. The ontology of legal morality in a country can be explored from its ideology, which is the source of basic values that guide the direction of the purpose of the establishment of a country. The constitution became a method to justify the realization of one's country's purpose. State ideology became the rail of formation, change, revocation, and enforcement of its laws. As a result, the goal of this analysis is to show how these religious beliefs strengthen legal frameworks, ensuring that corruption is viewed not only as a legal infringement but also as a serious moral breach that undermines society's well-being. To summarize, integrating Islamic moral concepts with corruption law increases the ethical foundations of legal systems, fostering both legal deterrence and moral accountability in governance.
Co-Authors . Ishomuddin Ahmad Faiz Alamsyah Arifah Uswatun Kossah Asrul Ibrahim Nur Bayu Dwi Widdy Jatmiko Berliana Aisyah Nur Salwa Elvariani, Risma Endah Lestari Eny Pemilu Kusparlina Fachry Ahsany Fajrin, Yaris Adhial Fitria Wildasari Haris Haris Thofly Isti Latifah Astri Jannah, Laillatul Jatmiko Wahyu Utomo M. Jihadi Muhammad Jihadi Oman Sukmana Rahayu, Setyaning Rahmawati Khadijah Maro Raras Verawati Sanggarningrum, Meylina Shinta Ayu Purnamawati Sholahuddin Al-Fatih Sumunar, Sumertak Thahir, Putri Shafarina Widharu, Shasa Suta Yaris Adhial Fajrin Yaris Adhial Fajrin