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All Journal Lex Journal : Kajian Hukum dan Keadilan AJCD
Mimin Mintarsih
Faculty of Law, Universitas Islam Jakarta, Indonesia
Religion Agriculture, Biological Sciences & Forestry Education Law, Crime, Criminology & Criminal Justice

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The Shift in Penal Paradigm: The Implementation of Restorative Justice in Resolving Minor Theft Cases in Indonesia Ramandha Mudest; Mimin Mintarsih
Lex Journal: Kajian Hukum & Keadilan Vol 10 No 2 (2026): June
Publisher : Faculty of Law, University of Dr. Soetomo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25139/lex.v10i2.12418

Abstract

The Indonesian criminal justice system has traditionally relied on retributive paradigms that often marginalize the needs of victims, particularly in minor theft cases. In such instances, formal legal proceedings frequently fail to facilitate direct restitution and can inadvertently exacerbate social friction. Addressing this gap, this study analyzes the implementation of restorative justice in petty theft cases, evaluating its efficacy through a victimological lens. Employing a normative legal framework with a descriptive-analytical methodology, the research utilizes statutory, conceptual, and case approaches grounded in comprehensive library research. The findings reveal that restorative justice introduces a crucial paradigm shift—humanizing the legal process by prioritizing loss recovery and the restoration of social harmony over punitive measures. Legally underpinned by Attorney General Regulation No. 15 of 2020 and Police Regulation No. 8 of 2021, this framework successfully fosters peaceful dispute resolution, direct offender accountability, and tangible restitution. Ultimately, the study concludes that restorative justice constitutes an effective, victim-centric alternative that resonates with modern victimological principles, provided it consistently balances restorative goals with stringent legal certainty and victim protection.
Morality, Technology, and Law: An Analysis of Online Gambling Law Enforcement Farhana Farhana; Mimin Mintarsih; Rana Fitri; Khitta El Manzyla
AMCA Journal of Community Development Vol. 6 No. 1 (2026): AMCA Journal of Community Development
Publisher : AMCA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.51773/ajcd.v6i1.441

Abstract

The phenomenon of online gambling reflects a clash between morality, digital technology, and law, which has not yet fully adapted. Morally, gambling practices are rejected from the perspective of religion and Pancasila, yet the digital reality makes gambling increasingly accessible, cross-border, and difficult to control. From a global perspective, various countries have developed three legal approaches to regulating online gambling: the prohibitive model, the legal-restrictive model, and the legal-liberal model. Indonesia still adheres to the prohibitive model based on the Criminal Code (KUHP) and the Electronic Information and Transactions Law (ITE Law), but faces serious challenges in implementation due to its transnational and technological nature. The analysis shows the need for a hybrid approach that combines prohibition rooted in moral norms with adaptive regulation that leverages technology, international cooperation, and public protection. Within a responsive legal framework, law enforcement against online gambling should not only emphasize repressive measures but also educational, collaborative, and preventive aspects, making it more effective in addressing the dynamics of the digital era.
Co-Authors Farhana Farhana Khitta El Manzyla Ramandha Mudest Rana Fitri