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All Journal Unes Law Review AL IMARAH : JURNAL PEMERINTAHAN DAN POLITIK ISLAM LEGAL BRIEF Nusantara: Journal Of Law Studies Ekasakti Journal of law and Justice Journal of Law Review Journal of Strafvordering Indonesian Journal of Adat Recht
Zonita Zirhani Rumalean
Universitas Yapis Papua
Religion Humanities Education Law, Crime, Criminology & Criminal Justice Physics Public Health Social Sciences

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When the Law Is No Longer Sharp Upwards: A Critical Study of Elite Impunity in Corruption Crimes Nurul Fadhilah; Samsidar Samsidar; Zonita Zirhani Rumalean
Journal of Strafvordering Indonesian Vol. 2 No. 2 (2025): JOSI - MAY
Publisher : PT. Anagata Sembagi Education

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62872/pw8kan34

Abstract

The phenomenon of elite impunity in corruption cases in Indonesia shows that there is a sharp gap between ideal legal norms and the reality of law enforcement practices that are full of power intervention. Although legal instruments such as the Corruption Law and the 2023 Criminal Code have normatively regulated sanctions against corruption, their implementation often favors the interests of political and economic elites. The judicial process is often characterized by weak independence of legal institutions, judicial mafia practices, and multiple interpretations of legal articles that open up space for abuse of authority. This inequality not only violates the principle of equality before the law, but also results in the erosion of the legitimacy of legal institutions and a decline in public trust in the democratic system. This study uses a normative juridical approach with critical legal theory analysis to dismantle power relations in the Indonesian legal system. The results emphasized the need for structural reform through strengthening the independence of law enforcement agencies, progressive regulatory revisions, and the formation of a critical legal culture with integrity. Without comprehensive reform, the law will only be a tool for the perpetuation of power, not an instrument of justice. This study recommends a transformation of the legal paradigm in order to ensure substantive justice and prevent the systemic practice of impunity of the elite.
The effect of the Application of Restorative Justice System on the settlement of Criminal Cases in Indonesia in the perspective of Customary Law Karolus Kopong Medan; Kornelia Melansari Deran Lewokeda; Zonita Zirhani Rumalean; Nur Rois
Journal of Adat Recht Vol. 1 No. 5 (2025): JANUARI-JOAR
Publisher : PT. Anagata Sembagi Education

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62872/05scdp40

Abstract

The application of the Restorative Justice System (RJS) in Indonesia offers an alternative approach to resolving criminal cases by prioritizing reconciliation, victim recovery, and offender accountability. This study explores the impact of RJS on the resolution of criminal cases from the perspective of customary law, which plays a significant role in many Indonesian communities. By integrating customary practices into the formal legal framework, restorative justice fosters community involvement and strengthens social harmony. The research highlights successful case studies from regions such as Papua, Aceh, and Bali, demonstrating the effectiveness of customary law in promoting peaceful conflict resolution. However, challenges such as legal inconsistencies, limited public awareness, and lack of mediator training persist. The study concludes with policy recommendations to enhance the synergy between customary law and the national legal system, aiming to build a more inclusive and equitable criminal justice process in Indonesia.
The Effectiveness of Traditional Mediation as an Alternative for Resolving Family Disputes in the National Legal System Roziqin; Answar; Harry Tuhumury; Najamuddin Gani; Zonita Zirhani Rumalean
Ekasakti Journal of Law and Justice Vol. 4 No. 1 (2026)
Publisher : Master of Law Program, Ekasakti University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.60034/3pdrqx59

Abstract

Customary mediation is a dispute resolution mechanism based on local wisdom values ​​that has long been practiced in Indonesian customary law communities, particularly in resolving family disputes. This study aims to analyze the effectiveness of customary mediation as an alternative for resolving family disputes within the national legal system, identify the structural and cultural barriers encountered, and formulate an appropriate integration model between customary law and state law. This study uses normative legal research methods with statutory, conceptual, and comparative approaches. The results show that customary mediation has proven effective in creating post-dispute relational harmony and has a high level of compliance because it is based on communal agreements respected by all parties. However, customary mediation faces challenges in terms of legal certainty, guaranteeing the protection of individual rights, and formal recognition in the judicial system. Integrating customary mediation into national law through a structured legal pluralism mechanism is a strategic step to strengthen access to justice for indigenous communities.
Co-Authors Ahmad Rifai Rahawarin Aituru, Yulianus P. Answar Anwar Anwar Anwar Roem Ariyanto Burhan Abdullah Desy Maryani Desy Maryani, Desy Elvis Rahael, Arie Farida Tuharea Farida Tuharea Harry Tuhumury Jayanti puspitaningrum Julisa Aprilia Kaluku Karolus Kopong Medan Kornelia Melansari Deran Lewokeda Mamonto, Andi Annisa Nurlia Maria Yeti Andrias Matiseray, Linda Junita Muri, Dewi Padusi Daeng Muslim Muslim Muslim Muslim Muslim Muslim Najamuddin Gani Nur Rois Nurul Fadhilah Payzon Aituru, Yulianus Rahawarin, Ahmad Roem, Anwar M. Roziqin Rumaherang, Titi Susan Karmila Samsidar Samsidar Sari, Liani Suwito Suwito Suwito Suwito Wahyudi BR Wahyudi BR Wahyudi BR Yuliani Yuliani