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Benni Setiawan
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INDONESIA
Education of Law Journal
Published by Universitas Negeri Yogyakarta
ISSN : ""     EISSN : 31237940     DOI : https://doi.org/10.21831/edulaw
Core Subject : Social,
Law, Crime, Criminology & Criminal Justice
This journal publishes original research articles, theoretical studies, and critical reviews that advance the understanding of legal principles, practices, and innovations. It focuses on exploring novel legal concepts, emerging issues, and the application of law across various sectors and jurisdictions. The journal covers a broad spectrum of legal disciplines including criminal law, customary law, business law, private law, philosophy of law, legal theory, fundamental law, comparative law, and anything related to legal issues. The scope includes but is not limited to: Development and analysis of new legal theories and doctrines Examination of legal reforms and policy implications Studies on the legality and legitimacy of laws and regulations Comparative legal studies across different legal systems Interdisciplinary research bridging law with social sciences, technology, and economics Empirical research on law enforcement, judiciary, and legal processes Discussions on justice, human rights, and legal ethics.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 9 Documents
 1 
The dynamics of schools of thought in the sociology of law: Exploring the relevance in the formation of citizenship values in contemporary Indonesia Khaitsa Zahira
Education of Law Journal Vol. 1 No. 1 (2025): Education of Law Journal
Publisher : Universitas Negeri Yogyakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21831/edulaw.v1i1.1455

Abstract

This study explores the evolution of legal thought within the sociology of law and its relevance to the formation of citizenship values in contemporary Indonesia. Drawing from Soerjono Soekanto's foundational work, Pokok-Pokok Sosiologi Hukum, the research emphasizes the significance of understanding law as a social institution influenced by cultural and societal dynamics. Robert W. Hefner's Islam and Citizenship in Indonesia provides insights into how Islamic traditions intersect with democratic principles, shaping inclusive notions of citizenship in the Indonesian context. Additionally, the study considers the impact of globalization on citizenship policies, referencing Antikowati et al.'s analysis of dual citizenship demands in Indonesia. Through a sociological lens, the research underscores the interplay between legal frameworks, cultural values, and societal changes in shaping contemporary Indonesian citizenship.
The use of the DPA concept and the formulation of sanctions as a reform of state loss recovery in cases of corruption by corporations Muhammad Syafiq Wafi; Abdullah Widy As-Shidiq; Rifki Yustisio
Education of Law Journal Vol. 1 No. 1 (2025): Education of Law Journal
Publisher : Universitas Negeri Yogyakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21831/edulaw.v1i1.1456

Abstract

In the development of the modern justice system, criminalization of corporations has undergone significant changes, one of which is through the Deferred Prosecution Agreement (DPA) approach. This approach reflects a paradigm shift in criminal law enforcement involving three principles of justice: corrective justice, which focuses on the perpetrator; rehabilitative justice, which emphasizes the role of the victim; and restorative justice, which promotes the restoration of relations between the two parties. This research uses normative juridical methods and empirical studies, focusing on anti-corruption handling and asset recovery. The findings of the study show that the DPA provides an opportunity for the prosecution of the corporation to be suspended. Through this concept, lawsuits can be replaced with other forms of liability that are in accordance with the regulations that govern the reimbursement of claims. From an academic perspective, this study aims to formulate a model of the mechanism for preventing corruption crimes by corporations by utilizing DPA. This is expected to be part of legal reform in recovering state losses arising from corporate crimes.
The basic law paradigm in the sociological spotlight: Between ideality and social reality Dinda Chamelia Sari
Education of Law Journal Vol. 1 No. 2 (2025): Education of Law Journal
Publisher : Universitas Negeri Yogyakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21831/edulaw.v1i2.1497

Abstract

This research aims to understand how law works in people's lives by looking at it from a sociological perspective. So far, the law is often regarded as a rule that cannot be contested because it is written in the law. But in reality, the law does not always work as expected. Many cases of injustice occur, especially against weak groups. For this reason, a sociological approach is needed so that the law can be more humane and in accordance with the real conditions in society. This research was conducted with a qualitative method through literature study, namely reading and analyzing relevant books and scientific writings, including the thoughts of progressive legal experts. The results of this research show that the law should not only focus on rules, but should also pay attention to the values of social justice and the culture of the community. One approach that supports this is progressive law, which is law that dares to make breakthroughs for the common good. This research concludes that law in Indonesia needs to be built in a way that is more sensitive to social reality, so that it can truly bring justice, not just certainty. By combining normative and sociological legal approaches, the law will be more easily accepted and implemented by the community.
Digital legal culture: Developing the concept of legal culture in the era of social media from a sociological law perspective Deden Sidiq Sholehudin
Education of Law Journal Vol. 1 No. 1 (2025): Education of Law Journal
Publisher : Universitas Negeri Yogyakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21831/edulaw.v1i1.1577

Abstract

The digital era has fundamentally transformed the way legal norms are disseminated, interpreted, and internalized in society. Despite the growing importance of digital communication in shaping legal awareness and behavior, there remains a significant research gap in the sociological study of legal culture, particularly regarding how social media alters the production and perception of law. This study addresses that gap by analyzing the influence of social media on legal awareness and behavior, identifying shifts in legal values under the dominance of digital space, and developing the concept of Digital Legal Culture as a theoretical expansion of Lawrence M. Friedman’s legal system theory. Using an exploratory qualitative approach supported by netnography and literature review, this research investigates the transformation of legal culture in the digital age. Findings reveal that social media not only democratizes access to legal knowledge, but also decentralizes legal authority, enabling online communities and influencers to co-construct legal meanings. This results in a participatory, global, and dynamic form of legal culture, marked by phenomena such as "No Viral, No Justice" and the emergence of algorithmic legitimacy. This study contributes a novel conceptual framework, Digital Legal Culture, defined as the values, attitudes, and beliefs towards law that are constructed, contested, and disseminated within digital interaction spaces. The findings offer theoretical and practical insights for scholars and policymakers aiming to enhance legal literacy, reinforce institutional credibility, and ensure justice in an increasingly digitized society.
The practical benefits of legal anthropology in achieving social and cultural justice in society Farkhan Sidik
Education of Law Journal Vol. 1 No. 2 (2025): Education of Law Journal
Publisher : Universitas Negeri Yogyakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21831/edulaw.v1i2.1705

Abstract

This study aims to examine legal anthropology as an interdisciplinary approach that integrates legal studies with anthropology to understand law as a social and cultural product. The primary focus of this research is to explore how legal systems are not merely understood as sets of normative rules, but as socially constructed institutions that reflect the values, practices, and cultural structures of society. The study employs a qualitative methodology using legal ethnography, which involves participant observation, in-depth interviews, and document analysis to investigate legal practices within various local community contexts. The findings identify five major schools of thought in legal anthropology: evolutionism, functionalism, structuralism, symbolic-interpretive, and cognitivism. Each school offers distinct theoretical assumptions and contributes to how law is perceived within society. The study reveals that the existence and operation of law are deeply influenced by cultural contexts and social dynamics in which the law is embedded. Legal anthropology enables analysis of how law is practiced, negotiated, and interpreted by individuals and groups in their everyday lives. The conclusion of this research asserts that legal anthropology provides a critical perspective in developing legal systems that are more adaptive, inclusive, and socially relevant. By understanding law as a living social phenomenon rooted in culture, the anthropological approach offers a valuable framework for designing more just and contextual legal policies, as well as for bridging the gap between normative law and actual legal practice in plural societies.
The challenge of paradigm shift in formulating formal legality principles into formal and material principles in the revision of the criminal code Wahyuning Kiscahyani
Education of Law Journal Vol. 1 No. 1 (2025): Education of Law Journal
Publisher : Universitas Negeri Yogyakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21831/edulaw.v1i1.2055

Abstract

This research aims to examine the challenges of shifting the paradigm of the formulation of formal legality principles to formal and material in the reform of the Criminal Code which is still an academic debate by criminal law experts. Regarding this paradigm shift, some criminal law experts consider the change to be a form of expansion of the principle of legality, but others consider it as a setback. The method used is a normative or doctrinal legal method with a legislative and conceptual approach. Meanwhile, the data used is secondary data or literature data in the form of primary legal materials and secondary legal materials. This research found that the paradigm shift in the formulation of the principles of formal legality to formal and material in the provisions of Law Number 1 of 2023 regarding the Criminal Code is appropriate because it is a form of effort by the Indonesian nation to reorient and reform the criminal law in accordance with the socio-cultural values of the Indonesian people. Then to the challenges that will arise in the future regarding the complexity of cases that are closely related to the implementation of the principle of material legality in the new Criminal Code, each region can immediately codify the unwritten laws that are alive and applicable in its society into the form of Regional Regulations.
Legal analysis of the protection of the rights of suspects and defendants from a human rights perspective (Study of constitutional court decision number 61/PUU-XX/2022) Abelia Permatasari
Education of Law Journal Vol. 1 No. 1 (2025): Education of Law Journal
Publisher : Universitas Negeri Yogyakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21831/edulaw.v1i1.2216

Abstract

This study examines the legal protection of the rights of suspects and defendants in the Indonesian criminal justice system from a human rights perspective, with a particular focus on Constitutional Court Decision Number 61/PUU-XX/2022. The research adopts a normative juridical method by analyzing constitutional provisions, statutory regulations, international human rights instruments, and judicial precedents. The findings demonstrate that the Constitution and the Criminal Procedure Code (KUHAP) guarantee fundamental rights such as the presumption of innocence, the right to legal counsel, and freedom from arbitrary arrest and detention. However, in practice, these guarantees are often undermined by law enforcement authorities, leading to violations of due process of law. The Constitutional Court decision provides a progressive interpretation by affirming that restrictions on individual rights must be based on law, proportionate, and aimed at protecting broader public interests. It also emphasizes the non-derogable nature of certain rights, particularly access to legal assistance and protection against arbitrary detention. This ruling is significant not only for strengthening the protection of suspects and defendants but also for shaping ongoing reforms of the Criminal Procedure Code in alignment with international human rights standards. The study contributes to academic discourse on criminal justice reform and offers practical implications for legislators, law enforcement officials, and policymakers in ensuring a more just and democratic legal system.
Repositioning legal logic in the civic education curriculum to build critical citizens Yayuk Hidayah; Meiwatizal Trihastuti; Nita Maghfiratul Jannah
Education of Law Journal Vol. 1 No. 2 (2025): Education of Law Journal
Publisher : Universitas Negeri Yogyakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21831/edulaw.v1i2.2270

Abstract

Rapid socio-political change and the spread of disinformation demand that Citizenship Education move beyond the rote memorisation of legal norms and instead foster citizens who are capable of critical legal reasoning. This article proposes the repositioning of legal logic as a key epistemic framework within the Citizenship Education curriculum so that learners do not only know what the law states, but also understand why and how law operates in practice. Using a juridical-normative approach combined with qualitative content analysis of curriculum documents, textbooks, and teaching guidelines, this study examines the extent to which dimensions of legal logic—such as deductive–inductive reasoning, juridical argumentation, the distinction between legality and legitimacy, and the assessment of justice in legal norms—are integrated into teaching and learning processes. The findings indicate that the curriculum and learning materials remain dominated by a descriptive-dogmatic approach that positions law as a fixed text rather than as a field of public rationality open to argumentative debate. The proposed repositioning involves a shift from normative pedagogy to critical-argumentative pedagogy by incorporating case analysis exercises, mock trials, and constitutional debates grounded in legal logic into students’ learning experiences. Theoretically, this article strengthens the bridge between legal theory and citizenship education theory, while practically it offers recommendations for curriculum developers, teachers, and education policymakers to design learning that cultivates citizens who are critical, reflective, and responsible both legally and ethically.
Distortion of the ecocracy principle in the job creation law: A humanistic legal critique of national environmental protection and management Affifah Fatma Dewi; Nazilaturrohmah Fatmi Fadhila
Education of Law Journal Vol. 1 No. 2 (2025): Education of Law Journal
Publisher : Universitas Negeri Yogyakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21831/edulaw.v1i2.2503

Abstract

The concept of green at the constitutional level is basically a commitment to the environment. This concept is part of an ideology that places man's relationship with nature.  The concept of green is not a status, verb or adjective, but a process. Environmental awareness is very important in order to continue to protect and preserve the environment. This study aims to analyze The concept of ecocracy in the context of the 1945 Constitution and its Regulations in Indonesia and the implementation of the concept of ecocracy in Law Number 6 of 2023 concerning the Determination of Government Regulations in Lieu of Law Number 2 of 2022 concerning Job Creation into Law in the Protection and Management Cluster Environment. This research uses normative research methods with a normative juridical approach. The idea of ecocracy must be a guideline in making state policy, political law in Indonesia, so that the ideal to continue to preserve the environment can be achieved. In order to be executed in the state system, the concept of ecocracy must be translated into a green constitution and green legislation. The establishment of the Job Creation Perppu which has later been enacted into Law Number 6 of 2023 is considered to override many aspects of environmental sustainability and the Law contains simplification of permits, disorientation of strict liability, and restrictions on environmental rights.

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