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All Journal FOCUS: Journal of Social Studies
Tjahjana, Teguh Pribadi
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Decision Sciences, Operations Research & Management Economics, Econometrics & Finance Law, Crime, Criminology & Criminal Justice Social Sciences Other

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Politik Hukum dalam Otonomi Daerah Berbasis Keadilan Bermartabat Tjahjana, Teguh Pribadi
FOCUS Vol 6 No 2 (2025): FOCUS: Jurnal Ilmu Pengetahuan Sosial
Publisher : Neolectura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37010/fcs.v6i2.1941

Abstract

One of the subsystems of national development legal politics is the legal policy for the formation of regional regulations. Given that the values, philosophies, theories, principles and norms of the state, all of which are influenced by the national legal system and politics, bind and become guidelines for regional legal products, especially regional regulations, this has additional meaning. The issue is how regional autonomy can have an impact on the welfare of the Indonesian people. How does the legal system of regional autonomy adhere to the principles of dignified justice? The results of his research show that regional autonomy can be one of the instruments for accelerating the development of the welfare of the Indonesian people, provided that regional development must refer to geographical or regional potential, governance, especially with regard to the government bureaucracy itself, and the implementation of minimum service standards by local governments that ensure an evenly distributed improvement in the quality of public services to improve people's welfare, promote democratic life, justice, equity, and maintain good relations between the center and the regions, as well as between regions, in order to maintain the integrity and unity of the Unitary State of the Republic of Indonesia.
Membangun Model Penyelesaian Perkara Pidana melalui Keadilan Restoratif oleh Kepolisian Berdasarkan Asas Dualistik Tjahjana, Teguh Pribadi; Said, Yusuf M.
FOCUS Vol 7 No 1 (2026): FOCUS: Jurnal Kajian Sosial
Publisher : Neolectura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37010/fcs.v7i1.2170

Abstract

The current condition of law enforcement has not fully achieved fair legal certainty, indicating the need to strengthen the restorative justice approach in the development of national criminal law. This study examines the relevance of restorative justice within the framework of Law Number 1 of 2023 on the National Criminal Code, which adopts a dualistic doctrine separating criminal acts (actus reus) from fault (mens rea). The research focuses on the significance of restorative justice in the national criminal justice system and the ideal model of its application in line with the dualistic principle. Using normative legal research with statutory and conceptual approaches, the study finds that litigation-based case settlement often fails to deliver substantive justice. Therefore, restorative justice emerges as a necessary alternative. When applied consistently with the dualistic doctrine, restorative justice allows reconciliation to function as a basis for eliminating fault and criminal liability, thereby supporting the realization of fair legal certainty as a constitutional legal ideal..
Co-Authors Said, Yusuf M.