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All Journal LAW REFORM Agora Jurnal Media Hukum El-Usrah: Jurnal Hukum Keluarga Jurnal Penegakan Hukum dan Keadilan Indonesian Journal of Criminal Law and Criminology (IJCLC) Media of Law and Sharia Proceedings Series on Social Sciences & Humanities Legal Protection for the Partnership Agreement Parties Strata Law Review Kanun: Jurnal Ilmu Hukum
Trisno Raharjo
Universitas Muhammadiyah Yogyakarta
Economics, Econometrics & Finance Environmental Science Law, Crime, Criminology & Criminal Justice Social Sciences

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Safeguarding Educators: The Role of Restorative Justice in Teacher Professional Protection Labaka, Albri; Raharjo, Trisno
Strata Law Review Vol. 3 No. 2 (2025): September
Publisher : CV. Strata Persada Academia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59631/slr.v3i2.361

Abstract

This study uses a normative juridical approach that focuses on Law Number 14 of 2005 concerning Teachers and Lecturers to look at legal protection for teachers from potential criminalization. The results show a disharmony in regulations, especially between Law No. 23 of 2002 concerning Child Protection and Law No. 14 of 2005 concerning Teachers and Lecturers. This often creates legal uncertainty and allows for criminalizing pedagogical actions that should be protected. Because the restorative justice approach considers the purpose of the action, the social impact, and the relationship between the perpetrator, the victim, and the educational environment, it is considered more appropriate and equitable in these situations. According to the analysis, some of the policy recommendations are as follows: changes in regulations governing the roles and responsibilities of teachers; the application of the principle of restorative justice in the legal education curriculum; the establishment of educational mediation institutions at the local level; implementation of legal campaigns based on empathy and education; legal preventive protection for educators; and regular evaluation of its implementation.
BEYOND LEGALISM: EMBRACING PROPHETIC JUSTICE IN INDONESIAS ANTI-CORRUPTION EFFORTS Pratama, Riza Chatias; Raharjo, Trisno
Kanun Jurnal Ilmu Hukum Vol 27, No 2: August 2025: Islam and Justice development in Indonesia
Publisher : Universitas Syiah Kuala

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24815/kanun.v27i2.44337

Abstract

This study explores the integration of prophetic justice into the practice of anti-corruption criminal justice in Indonesia. While significant normative and institutional progress has been made in anti-corruption law, the actual implementation often falls short of upholding substantive justice that prioritizes humanitarian values and prophetic ethics. Using a normative legal research approach grounded in the perspectives of prophetic law and social science, this study critically assesses the limitations within the judicial system that hinder the pursuit of justice that is both procedural and transformative. The findings reveal several structural obstacles, including the dominance of legal positivism, political pressures, and a lack of reflective spaces in the law enforcement process. These challenges often cause anti-corruption justice to lose its moral and spiritual dimensions. Therefore, this study underscores the necessity of both epistemological and cultural transformations within the legal framework to ensure that prophetic values, such as advocating for the marginalized, demonstrating moral courage, and fostering spiritual commitment, enhance judicial practices. Ultimately, anti-corruption justice in Indonesia must evolve beyond mere regulatory enforcement to become a dynamic and meaningful instrument of social justice, rooted in prophetic values that uphold human dignity and true equity. This study contributes significantly to the development of a humanistic and transformative legal paradigm aimed at effectively eradicating corruption.
Advocate Legal Education in Indonesia: The Need of Spiritual Dimensions Approach Agiyanto, Ucuk; Absori, Absori; Surbakti, Natangsa; Raharjo, Trisno; Ikhwan, Afiful
Al-Risalah Vol 21 No 1 (2021): June 2021
Publisher : Fakultas Syariah UIN Sulthan Thaha Saifuddin Jambi, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30631/alrisalah.v21i1.742

Abstract

Law No. 18 of 2003 explains that someone who wants to be an advocate must take advocate professional education. This professional education is based on the enforcement of justice and pursues to strengthen the Rule of Law principles. This study offers the importance of spirituality in advocate education, in order to create an officium nobile who puts justice for the marginal community over the injustice rules. This research method uses a non-doctrinal qualitative approach based on law implementation in society, combined with a philosophical system related to spirituality that integrates science and religion. This study concludes that advocate education with a spiritual dimension is an effort to uphold the advocate profession as an official representative, prioritizing justice access in the community rather than profit, especially in bribery or corruption.
Developing a Family-Based Rehabilitation Model for Juvenile Victims of Narcotics Abuse in Indonesia: Strengthening Child-Centered Justice through Legal Reform Pratama, Riza Chatias; Muhammad, Rusli; Raharjo, Trisno
El-Usrah: Jurnal Hukum Keluarga Vol. 9 No. 2 (2026): EL-Usrah: Jurnal Hukum Keluarga
Publisher : Universitas Islam Negeri Ar-Raniry Banda Aceh

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22373/ujhk.v9i2.34597

Abstract

Juveniles involved in narcotics abuse constitute one of the most vulnerable groups within the criminal justice system because they simultaneously experience legal, psychological, and social harms. Although Indonesian narcotics legislation recognizes rehabilitation as an alternative to imprisonment, the existing legal framework does not distinguish rehabilitation mechanisms for juveniles from those applied to adults. This study aims to examine the implementation of rehabilitation sanctions for juvenile victims of narcotics abuse in Indonesia and to develop a family-based rehabilitation model that better reflects the principles of child protection and restorative justice. Employing empirical legal research, this study combines statutory analysis with qualitative interviews involving officials of the National Narcotics Board (BNN) and survey data collected from families participating in rehabilitation programs. The findings reveal three principal shortcomings within the current rehabilitation system. First, rehabilitation remains institution-centered and largely replicates adult treatment models. Second, family participation is treated as complementary rather than an integral component of rehabilitation. Third, existing regulations provide no operational framework specifically designed for juvenile victims despite the requirements of the Juvenile Justice System Act and the Convention on the Rights of the Child. Unlike previous studies that primarily discuss family therapy from psychological or clinical perspectives, this article contributes to the literature by developing a legally integrated family-based rehabilitation model that operationalizes the principle of the best interests of the child within Indonesia's juvenile justice system. The proposed model incorporates legal safeguards, multidisciplinary assessment, structured family participation, and post-rehabilitation supervision, thereby strengthening child-centered rehabilitation as an integral component of criminal justice reform.
Co-Authors Absori Adya Paramita Prabandari Afiful Ikhwan Agiyanto, Ucuk Ahdiana Yuni Lestari Annas, Muhammad Astuti, Laras Fuadi, Gumilang Kamsi Kamsi, Kamsi Labaka, Albri Muhammad, Fabryan Nur Mulyadi, Tri Natangsa Surbakti Putra, Menra Lianjaya Putri, Windy Virdinia Riskanita, Dinda Riza Chatias Pratama Rusli Muhammad, Rusli Saputri, Susan Dwi Sulistio, Ningrum Surwandono Surwandono Syamsiar, Syamsiar Yeni Widowaty