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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.
Implementation of Restorative Justice in the Criminal Act of Underage Girls Running Away Ganda, Aria; Raharjo, Trisno
Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 23 No. 2 (2024): Pena Justisia
Publisher : Faculty of Law, Universitas Pekalongan

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

Abstract

This research explores the implementation of restorative justice in handling runaway cases of minors. As a legal paradigm, restorative justice offers a holistic approach that involves restoring relationships disrupted by criminal acts. The focus is not only on punishment but rehabilitation, reconciliation, and restoration for victims and perpetrators. In the context of cases of runaway minors, this approach is a relevant and sustainable alternative. This research highlights variations in implementing restorative justice, indicating the need for more precise guidelines and standards to ensure consistency and effectiveness. Differences in local context and culture also play an essential role in successful implementation. Challenges in stakeholder participation highlight the need for further efforts to build trust and support the involvement of all relevant parties. In addition, this research underscores the need for ongoing support for runaway children following the restorative justice process, strengthening the argument for the integration of long-term recovery programs.