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All Journal Al-Adalah: Jurnal Hukum dan Politik Islam Ipso Jure Ipso Jure Journal of Strafvordering Indonesian
Sjuhudi, Ichsan
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Law, Crime, Criminology & Criminal Justice

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Legal Review of the Implementation of Human Rights in Handling Cases of Violence Against Women Nuroini, Indi; Putra, Rengga Kusuma; Sjuhudi, Ichsan; Miano, Muhammad Ryan Ramadhani; Dwiprigitaningtias, Indah
Al-Adalah: Jurnal Hukum dan Politik Islam Vol 10 No 1 (2025)
Publisher : Program Studi Hukum Tata Negara, Fakultas Syariah dan Hukum Islam IAIN Bone

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30863/ajmpi.v10i1.8137

Abstract

Violence against women constitutes a violation of human rights and reflects entrenched structural gender inequality. In Indonesia, despite the existence of Law No. 23/2004 on the Elimination of Domestic Violence and the ratification of the Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW), significant challenges persist in the implementation of legal protections. This study aims to evaluate the effectiveness of existing legal frameworks in addressing violence against women and to identify necessary regulatory reforms. Utilizing a normative juridical method with statutory and conceptual approaches, the study analyzes the alignment of national laws with international human rights standards. It also assesses policy implementation by examining court rulings, institutional reports, and empirical data on victim protection outcomes. The findings reveal pervasive gender bias in both regulatory provisions and law enforcement practices, which undermines victims’ access to justice. Key obstacles include the absence of a gender-sensitive legal perspective, inadequate protection mechanisms, and the limited capacity of law enforcement personnel. The study concludes that comprehensive legal reform, capacity building, and integrating a human rights-based approach are essential to establishing a more inclusive and effective legal protection system for women in Indonesia.
The Implementation of Restorative Justice for Misdemeanor Crimes after Perpol No. 8 of 2021 Sjuhudi, Ichsan; Musahib, Abd Razak
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.
Legal Politics In Realizing Social Justice In The Era Of Regional Autonomy Sjuhudi, Ichsan; Judijanto, Loso; Gustaliza, Resma Bintani
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 Sjuhudi, Ichsan; Musahib, Abd Razak
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.
Implementation of Restorative Justice in the New Criminal Code: A Normative Analysis of Criminal Case Resolution Flora, Henny Saida; Kadir, Taqyuddin; Sjuhudi, Ichsan
Journal of Strafvordering Indonesian Vol. 3 No. 2 (2026): JOSI - MAY
Publisher : PT. Anagata Sembagi Education

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62872/aqeqd667

Abstract

This study examines the application of the restorative justice approach in the New Criminal Code (KUHP) enacted through Law Number 1 of 2023. The background of this study is the increasing need for a more humane and effective criminal case resolution system that simultaneously takes into account the interests of victims, perpetrators, and the community. The New Criminal Code brings a significant paradigmatic shift by integrating the principles of restorative justice into Indonesian positive legal norms. The research method used is normative legal research with a statute approach, a conceptual approach, and a comparative approach. The results show that the New Criminal Code explicitly accommodates the principle of restorative justice through several provisions, including: the regulation of recovery-oriented sentencing objectives (Article 54), a settlement mechanism outside the judicial process (Article 70), and provisions on supervisory punishment and rehabilitative measures. However, its implementation faces a number of normative challenges, including the lack of comprehensive technical regulations, limited institutional capacity, and the need for harmonization with other laws and regulations. This study recommends the development of detailed implementing regulations, strengthening the capacity of law enforcement officials, and developing an institutional infrastructure that supports the optimal implementation of restorative justice in the Indonesian criminal justice system.
Co-Authors Dwiprigitaningtias, Indah Gustaliza, Resma Bintani Henny Saida Flora Judijanto, Loso Kadir, Taqyuddin Miano, Muhammad Ryan Ramadhani Musahib, Abd Razak Nuroini, Indi Putra, Rengga Kusuma