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Legal Protection for Victims in The Resolution of Criminal Cases Through Restorative Justice Mechanisms Dewi, Widya Ari; Arinanto, Satya; Hermawan, Muhammad Ilham
Jurnal Daulat Hukum Vol 8, No 4 (2025): December 2025
Publisher : Magister of Law, Faculty of Law, Universitas Islam Sultan Agung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/jdh.v8i4.50835

Abstract

The application of restorative justice within Indonesia’s criminal justice system has developed significantly alongside the enactment of various regulations governing restorative-based case resolution. However, in practice, this mechanism continues to face fundamental challenges concerning the legal protection of victims. This study aims to analyze the legal protection afforded to victims in criminal case resolution through restorative justice, identify normative gaps and regulatory disharmony, and formulate an ideal model of victim protection oriented toward victim-centered justice. The research employs a normative juridical method with statutory and conceptual approaches through library research. The findings indicate that although a normative framework for restorative justice exists, victim protection has not been comprehensively integrated. Differences in standards of victim voluntariness, the absence of proportional compensation guidelines, and weak post-agreement monitoring mechanisms potentially place victims in vulnerable positions and open space for revictimization. From a human rights perspective, these conditions demonstrate that restorative justice has not yet been fully implemented as an instrument for fulfilling victims’ rights. This study proposes an ideal model of victim protection in restorative justice that emphasizes layered protection at the pre-process, process, and post-agreement stages as an effort to strengthen substantive justice.
The Political History of Sugar Law in Indonesia from Colonial to Contemporary Times Dewi, Widya Ari
Jurnal Sipakatau: Inovasi Pengabdian Masyarakat Vol. 3 No. 1 (2025): Jurnal Sipakatau
Publisher : PT. Global Research Collaboration

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.66314/sipakatau.v3i1.602

Abstract

Background: Sugar has historically functioned as a strategic commodity within Indonesia’s legal and political economy since the colonial period. Its governance has been structured through successive regulatory regimes that reflect shifting political authority, from Dutch colonial plantation law to post-independence state control and contemporary market stabilization policies. Despite major institutional transformations, core regulatory logics in land use, production management, and trade governance continue to demonstrate significant historical continuity. Objective: This study analyzes the historical development of sugar law in Indonesia from the colonial period to the contemporary era and examines how long-term legal continuity shapes current governance structures and persistent structural inequalities in the sugar industry. Method: This research employs a qualitative methodology using a historical legal approach combined with socio-legal interpretation. Data were collected through systematic library research of primary legal instruments, including colonial agrarian and plantation regulations, post-independence nationalization laws, and contemporary trade and import policies, supported by secondary academic literature. The data were analyzed using descriptive-analytical and comparative historical techniques to identify patterns of legal continuity and transformation across different historical periods. Findings: The findings indicate strong institutional continuity in sugar governance across colonial, post-independence, and contemporary periods. During the colonial era, legal instruments such as the Agrarische Wet 1870 and Suikerreglement established a production-oriented system based on land control, labor organization, and export regulation. In the post-independence period, Law No. 86 of 1958 on nationalization transferred ownership of sugar industries to the state but maintained centralized production logic. In the contemporary period, sugar governance is dominated by trade regulation and import policies under Presidential Regulation No. 71 of 2015, which function as short-term stabilization tools. However, these mechanisms have not resolved structural inequality, particularly the weak bargaining position of sugarcane farmers within the value chain. Conclusion: Sugar law in Indonesia has historically functioned as a regulatory system oriented toward production control and market stabilization rather than distributive justice. The persistence of colonial legal rationalities within modern governance structures indicates that structural reform is necessary to achieve more equitable and sustainable sugar sector governance. Scientific Contribution: This study develops a continuity-based legal framework for analyzing commodity governance by demonstrating that sugar regulation in Indonesia operates as a historically layered legal system shaped by path-dependent institutional structures. It contributes to socio-legal and legal-historical scholarship by showing that contemporary sugar policy cannot be fully understood without recognizing the persistence of colonial legal foundations within modern regulatory regimes.