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Paradigma Baru Hukum Pidana melalui Keadilan Restoratif: Tinjauan Konseptual, Praktik, dan Relevansinya di Indonesia Brurry Hariyanto
Jurnal Darussalam: Jurnal Pendidikan, Komunikasi dan Pemikiran Hukum Islam Vol. 17 No. 2 (2026): April
Publisher : IAI Darussalam

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30739/darussalam.v17i2.4459

Abstract

This study examines the emerging paradigm of criminal law through restorative justice (RJ) in Indonesia, highlighting its conceptual foundations, practical applications, and local relevance. Unlike traditional punitive or rehabilitative models, RJ emphasizes the restoration of social and moral relationships by requiring offenders to acknowledge wrongdoing, repair harm, and engage in dialogue with victims and communities. The research employs a qualitative approach, including field observations, interviews with mediators, offenders, victims, and community representatives, as well as document analysis of relevant laws and regulations. Findings indicate that restorative practices such as victim-offender mediation, community conferencing, and family group conferencing effectively reduce recidivism, increase victim satisfaction, and strengthen community cohesion. The study also identifies contextual challenges in Indonesia, including limited institutional capacity, inconsistent legal interpretation, and insufficient community and victim involvement. Theoretical implications affirm RJ as a relational and transformative model, not merely an alternative punitive measure. Practically, the findings support broader adoption of dialogical restorative processes, institutional support, and integration into rehabilitation programs to ensure sustainable social reintegration. This research contributes to understanding how global restorative justice principles can be culturally adapted in Indonesia, offering guidance for policy, judicial practice, and community-based interventions.
Counter-Terrorism In Indonesia From The Perspective of The Human Security Approach Brurry Hariyanto; Ramlani Lina Sinaulan; Amalia Syauket
KRTHA BHAYANGKARA Vol. 20 No. 2 (2026): KRTHA BHAYANGKARA: AUGUST 2026
Publisher : Fakultas Hukum Universitas Bhayangkara Jakarta Raya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31599/krtha.v20i2.5396

Abstract

Terrorism constitutes a multidimensional threat that not only disrupts state security but also endangers human rights, public safety, and societal well-being. Research on counter-terrorism in Indonesia has largely focused on state security approaches and law enforcement effectiveness, while comprehensive analyses from a human security perspective remain relatively limited. Addressing this gap, this study offers an analysis that integrates the human security paradigm as a framework for evaluating the effectiveness of Indonesia's counter-terrorism policies. The study aims to analyze the conceptualization and implementation of the human security approach in counter-terrorism efforts and to evaluate policy effectiveness based on parameters such as personal security protection, respect for human rights, community empowerment, and the sustainability of human security. Employing a normative legal research method, the study utilizes statutory and conceptual approaches, with data analyzed qualitatively through a literature review. The findings indicate that Indonesia's counter-terrorism policies have evolved through the strengthening of regulations, institutional frameworks, and prevention and deradicalization programs. However, when assessed against human security parameters, implementation remains predominantly oriented toward state security rather than comprehensive human protection. Therefore, policy strengthening is required to integrate state security and human security approaches, ensuring that counter-terrorism efforts are not only effective in maintaining national security but also capable of guaranteeing human rights protection, bolstering community resilience, and achieving sustainable security.