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All Journal JHCLS Journal of Sustainable Development and Regulatory Issues Justice Dialectical
Mohd Shafiee Bin Hamzah
University of Sultan Zainal Abidin, Terengganu
Environmental Science Health Professions Law, Crime, Criminology & Criminal Justice Public Health

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From Procedural to Substantive Morality: Participation Problem on Lawmaking in Indonesia Made Hendra Wijaya; Komang Sutrisni; Mohd Shafiee Bin Hamzah
Journal of Sustainable Development and Regulatory Issues (JSDERI) Vol. 4 No. 1 (2026): Journal of Sustainable Development and Regulatory Issues
Publisher : Contrarius Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.53955/jsderi.v4i1.231

Abstract

This research demonstrates that lawmaking in Indonesia prioritizes procedural compliance while confining public participation to a symbolic and ineffective function in achieving substantive moral legitimacy. This orientation obstructs the transition from procedural morality to substantive morality and weakens the relationship between law and morality, which remains susceptible to political interests and lacks a coherent normative foundation. This research aims to examine the participation deficit in Indonesian lawmaking and to reconstruct the integration of morality by bridging the gap between formal participation and substantive moral legitimacy. This research employs a normative juridical method through conceptual, statutory, and comparative approaches to analyze the structure and function of participatory mechanisms. The findings reveal that symbolic participation constitutes the principal weakness in Indonesian lawmaking, as institutions satisfy procedural requirements without ensuring that public participation shapes normative outcomes, thereby producing a gap between formal legality and moral legitimacy. Comparative analysis demonstrates that effective institutional design enables participation to function as a substantive mechanism that articulates and realizes public interests within the legal system. This research develops a three-layer framework. First, the material element ensures that participation reflects substantive public interests and societal values within legal norms. Second, the formal element ensures that participatory procedures operate effectively, inclusively, and systematically within the lawmaking process. Third, the obligation element requires institutions to process, respond to, and incorporate public input into binding legal outcomes. This research concludes that reconstructing participation as a determinative institutional mechanism aligns legal processes with substantive moral outcomes, strengthens public trust, and secures sustainable legal legitimacy in Indonesia.
Victim Impact Statements for Equitable Judicial Protection of Crime Victims Bambang Prayitno; Angkasa Angkasa; Kuat Puji Prayitno; Budiyono Budiyono; Mohd Shafiee Bin Hamzah
Journal of Human Rights, Culture and Legal System Vol. 6 No. 2 (2026): Journal of Human Rights, Culture and Legal System
Publisher : Contrarius Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.53955/jhcls.v6i2.1004

Abstract

Indonesia's criminal justice system prioritizes offender prosecution while Law Number 20 of 2025 introduces Victim Impact Statements to strengthen victims' rights. However, the law does not clearly regulate its substantive content, legal function, procedural mechanism, or influence on judicial decision making. This study examines the implementation of the Victim Impact Statement in the Indonesian criminal justice system, evaluates its role in strengthening legal protection for victims, and formulates an ideal integration model. The research employs an empirical legal method using statutory, case, conceptual, and comparative approaches with qualitative analysis of interviews, documents, and legal materials. The findings produce three principal conclusions. First, the existing legal framework does not comprehensively integrate the Victim Impact Statement into the Indonesian criminal justice process, resulting in inconsistent implementation and limited legal effectiveness. Second, the absence of clear substantive and procedural standards restricts judges from incorporating the Victim Impact Statement effectively into sentencing considerations and limits its contribution to victim protection. Third, Indonesia needs to establish a comprehensive normative and procedural framework that strengthens the legal position of victims, supports informed judicial decision making, promotes balanced participation between victims and offenders, and advances a more equitable and justice oriented criminal justice system
Mediation in Land Dispute Resolution for Preventing Criminal Offenses Dinda Tiara Gisani; Abdul Kadir Jaelani; Fitrat Umirov; Mohd Shafiee Bin Hamzah; Ibnu Mazjah
Jurnal Justice Dialectical Vol 4 No 1 (2026): Journal of Justice Dialectical
Publisher : Sekolah Tinggi Ilmu Hukum Adhyaksa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.70720/jjd.v4i1.136

Abstract

Land disputes remain a persistent legal problem in Indonesia because land holds significant social, economic, and legal value and frequently generates competing claims among individuals and institutions. Unresolved disputes may escalate beyond civil disagreements and contribute to criminal offenses, including unlawful occupation, document falsification, and other unlawful conduct concerning land rights. This study examines the role and effectiveness of mediation in resolving land disputes and preventing related criminal offenses at the Surakarta City Land Office. The research applies an empirical legal method with a qualitative approach by examining the implementation of mediation, institutional practices, and obstacles encountered during dispute resolution. The findings demonstrate that mediation provides an important nonlitigation mechanism for facilitating dialogue, reducing conflict, and encouraging mutually acceptable settlements. However, its effectiveness remains limited by the unwillingness of disputing parties to participate constructively, emotional tensions between the parties, insufficient numbers of competent and certified mediators, inadequate supporting facilities, and limited legal awareness. When mediation fails to produce an agreement, disputing parties generally pursue litigation, which may prolong conflict and increase the possibility of unlawful conduct. The study concludes that strengthening mediator competence, improving institutional capacity, increasing public legal awareness, and encouraging meaningful participation can enhance mediation as a preventive legal mechanism against criminal offenses arising from land disputes.
Co-Authors Angkasa Angkasa Bambang Prayitno Budiyono Budiyono Dinda Tiara Gisani Fitrat Umirov Jaelani, Abdul Kadir Kuat Puji Prayitno Made Hendra Wijaya Ni Komang Sutrisni Raden Muhamad Ibnu Mazjah