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All Journal Ipso Jure Ipso Jure
Ichsan Sjuhudi
Universitas pekalongan
Law, Crime, Criminology & Criminal Justice

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Legal Politics In Realizing Social Justice In The Era Of Regional Autonomy Ichsan Sjuhudi; Loso Judijanto; Resma Bintani Gustaliza
Ipso Jure Vol. 1 No. 11 (2024): Ipso Jure - December
Publisher : PT. Anagata Sembagi Education

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62872/rdapkx20

Abstract

Legal politics plays a strategic role in realizing social justice in Indonesia, especially in the context of regional autonomy which aims to reduce social inequality. This research examines legal politics in Indonesia with a focus on the implementation of regional autonomy policies and their role in realizing social justice. Based on an analysis of Law No. 23 of 2014 on Regional Government, Law No. 33 of 2004 on Fiscal Balance, as well as data from various institutions, this research finds that although decentralization policies aim to strengthen equitable development, in practice, they often accommodate elite interests and exacerbate inequality. In addition, weak oversight of local financial management, low accountability, and unfairness in budget distribution are factors that exacerbate social inequality. Therefore, this study recommends strengthening the capacity of regions to plan development based on local needs as well as reforms in budget allocations that are more proactive for disadvantaged regions. Legal politics should be directed towards policies that support transparency, accountability and community empowerment to achieve the goal of equitable development. This research is expected to contribute to the development of more equitable and inclusive legal policies in the era of regional autonomy.
Legal Politics In Realizing Social Justice In The Era Of Regional Autonomy Ichsan Sjuhudi; Loso Judijanto; Resma Bintani Gustaliza
Ipso Jure Vol. 1 No. 11 (2024): Ipso Jure - December
Publisher : PT. Anagata Sembagi Education

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62872/rdapkx20

Abstract

Legal politics plays a strategic role in realizing social justice in Indonesia, especially in the context of regional autonomy which aims to reduce social inequality. This research examines legal politics in Indonesia with a focus on the implementation of regional autonomy policies and their role in realizing social justice. Based on an analysis of Law No. 23 of 2014 on Regional Government, Law No. 33 of 2004 on Fiscal Balance, as well as data from various institutions, this research finds that although decentralization policies aim to strengthen equitable development, in practice, they often accommodate elite interests and exacerbate inequality. In addition, weak oversight of local financial management, low accountability, and unfairness in budget distribution are factors that exacerbate social inequality. Therefore, this study recommends strengthening the capacity of regions to plan development based on local needs as well as reforms in budget allocations that are more proactive for disadvantaged regions. Legal politics should be directed towards policies that support transparency, accountability and community empowerment to achieve the goal of equitable development. This research is expected to contribute to the development of more equitable and inclusive legal policies in the era of regional autonomy.
The Implementation of Restorative Justice for Misdemeanor Crimes after Perpol No. 8 of 2021 Ichsan Sjuhudi; Abd Razak Musahib
Ipso Jure Vol. 2 No. 5 (2025): Ipso Jure - June
Publisher : PT. Anagata Sembagi Education

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62872/3hw99x77

Abstract

This study analyzes the application of restorative justice to minor crimes in the Indonesian criminal justice system, especially after the issuance of Police Regulation No. 8 of 2021. The shift from a retributive approach to a restorative approach is a response to the failure of the conventional criminal system in achieving substantive justice and overcrowding in correctional institutions. The research method used is normative juridical with a statutory and conceptual approach. The results of the study show that restorative justice has strong theoretical legitimacy through the concept  of reintegrative shaming and normative support from Law No. 11 of 2012 and Perpol No. 8 of 2021. However, its implementation faces juridical and institutional challenges, especially related to the hierarchy of norms, accountability, and the understanding of law enforcement officials and the public towards the concept of restorative justice. It also found potential irregularities if there is no strict supervision of the peace mechanism outside the formal process. Therefore, there is a need for harmonization of regulations, integrated training for officials, and the participation of civil society in the supervision of implementation. This study recommends the reform of the Criminal Code and the establishment of inter-institutional regulations to ensure that restorative justice becomes a valid, effective, and just approach in national criminal law enforcement.
Co-Authors Abd Razak Musahib Loso Judijanto Resma Bintani Gustaliza