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INDONESIA
Jurnal Restorasi: Hukum dan Politik
Published by SEAN INSTITUTE
ISSN : -     EISSN : 29882125     DOI : 10.54209
Core Subject : Social,
Law, Crime, Criminology & Criminal Justice
Jurnal Restorasi : Hukum dan Politik is a journal that focuses on law and politics, and publishes research articles that focus on a scientific study of the relationship between normative systems, politics, and social structures, with a focus on the study of law and social sciences.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 51 Documents
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Handling of Election Violations in the Election of Regency/City DPRD Members at the Election Supervisory Agency (Bawaslu) of Konawe Regency Hasjad Hasjad
Jurnal Restorasi : Hukum dan Politik Vol. 2 No. 2 (2024): Jurnal Restorasi : Hukum dan Politik, October 2024
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Abstract

The handling of election violations in the election of members of the Regency/City DPRD at the Bawaslu of Konawe Regency is carried out in several stages. First, election supervisors submit recommendations and files of the results of the study of alleged administrative violations to the General Elections Commission (KPU), Provincial KPU, Regency/City KPU, PPK, or PPS according to the level. For criminal election violations, the violation report files and the results of the study are forwarded by the election supervisors to the Indonesian National Police (POLRI) investigators no later than x 24 hours after the decision by the election supervisors. In addition, the Bawaslu of Konawe Regency also handles election process disputes carried out by the parties. If the resolution of the election process dispute carried out by Bawaslu is not accepted by the parties, the parties can file legal action with the state administrative court. The entire Bawaslu decision-making process must be carried out through an open and accountable process. The results of the study found that the handling of election crimes is based on empirical facts in Konawe Regency. Data collected regarding the handling of election criminal cases in the three cities has several similarities and differences. In handling election violations, the Bawaslu of Konawe Regency also considers provisions regarding the procedures for handling election crimes, which consist of three parts. The first section regulates the procedures for handling election crimes, and the second section regulates the Special Election Crimes Council. In summary, the handling of election violations in the election of members of the Regency/City DPRD at the Konawe Regency Election Supervisory Agency (Bawaslu) is carried out in several stages, including administrative supervision, handling of criminal violations, and handling of election process disputes
Dynamics of Customary Law in the Context of a Unitary State: A Case Study of Customary Areas in Konawe Regency Hasjad Hasjad
Jurnal Restorasi : Hukum dan Politik Vol. 3 No. 2 (2025): Jurnal Restorasi : Hukum dan Politik, October 2025
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Abstract

This study aims to examine how customary law operates within the Unitary State of the Republic of Indonesia (NKRI), particularly in the customary areas of Konawe Regency, Southeast Sulawesi. Customary law is a legal system that thrives and continues to evolve within indigenous communities, often intertwined with state law. This study uses a juridical-sociological approach to examine how customary law is applied in community life, as well as how the state recognizes and incorporates customary law into the official legal system. The results show that although customary law still plays a role in resolving disputes and regulating social relations, the presence of state law, changes in societal structure, and government policies often diminish its influence. Furthermore, the lack of official recognition of customary territories has also impacted public trust in customary law. Therefore, efforts are needed to strengthen the role of customary law through appropriate policies and clear legal recognition, so that customary law can coexist alongside national law within the framework of the NKRI.
The Role of Legal Philosophy in Building a Fair and Just Legal System (Examining the Legal System in Lawrence M. Fiedman's theory) Yosep Copertino Apaut; Egiony Saunoah
Jurnal Restorasi : Hukum dan Politik Vol. 3 No. 2 (2025): Jurnal Restorasi : Hukum dan Politik, October 2025
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This paper examines the role of legal philosophy in building a just and fair legal system in Indonesia. Legal philosophy, as a critical reflection on the nature, purpose, and fundamental values of law, provides normative and ethical foundations for the formulation and enforcement of legal norms. The main issue addressed is the weakness of law enforcement in Indonesia, which is often influenced by corruption, political intervention, and the lack of integrity among law enforcement officers, thereby deviating from the ideals of justice. The study employs a normative research method through literature review, analyzing classical to modern philosophical thoughts as well as Lawrence M. Friedman’s legal system theory, which consists of structure, substance, and legal culture. The findings show that the effectiveness of the legal system is not solely determined by statutory regulations but also depends on the integrity of legal institutions and the prevailing legal culture in society. Therefore, legal philosophy plays a crucial role as a reflective instrument to ensure that law achieves its fundamental goals of justice, legal certainty, and utility in a balanced manner.
Evaluation of the Nature of Armed Violence and Security Intervention in Benue State, Nigeria Iornumbe, D.A. PhD; Liman Abdullahi Nuhu; Andrew Zamani
Jurnal Restorasi : Hukum dan Politik Vol. 3 No. 2 (2025): Jurnal Restorasi : Hukum dan Politik, October 2025
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Abstract

This article evaluates the nature of armed violence and security intervention in Benue State, Nigeria. Benue State has experienced a surge in armed violence in recent years, leading to a significant threat to human security, peace, and development. Although all levels of government have taken a number of strategically significant steps to end the violence/conflict, including the deployment of security agencies to coordinate in a way that could result in a joint force operation to end the conflict and restore peace and stability. The armed violence in Benue State continues to be a major source of concern for the local and international community, as well as an existential threat to the indigenous population. However, the results of the security intervention are tainted with conflicting reports of success and numerous obstacles that outweigh the successes attained. Based on the extensive literature review, it is clear that the security agencies had a great deal of success in combating the armed conflict's perpetrators; however, much remains to be desired because the situation in Benue State is getting worse despite the military and other security agencies' continued presence. The study reveals that the armed violence is complex and multifaceted, perpetrated by various groups, including herders, farmers, and militant groups. The security intervention measures implemented by the Nigerian government have been inadequate and ineffective, and have been criticized for being partisan and biased. With an unwavering commitment to ending the war, the government and key stakeholders must work together to develop more innovative methods and strategies for implementation. This article recommends the establishment of an independent commission to investigate the armed violence, the establishment of a trust fund to support victims, and the reform of the security agencies to ensure impartiality and effectiveness. The research used secondary data. Frustration aggression and system theories were used.
Microfinance and Poverty Reduction in Nigeria: An Empirical Assessment Using Secondary Data from 2005–2023 Sani Inusa Milala; Ja’afar Garba Ya’u Gwarmai
Jurnal Restorasi : Hukum dan Politik Vol. 3 No. 2 (2025): Jurnal Restorasi : Hukum dan Politik, October 2025
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Abstract

The Nigerian real estate sector has emerged as a critical component of the capital market, yet its performance has been undermined by persistent macroeconomic instability, inflationary pressures, and structural constraints such as poverty and unemployment. Despite its potential to drive economic growth and wealth creation, limited empirical studies have comprehensively examined the dynamics of real estate investment performance using secondary data across a long timeframe. This gap underscores the need for a systematic investigation of how macroeconomic variables and capital market indicators shape real estate investment outcomes in Nigeria. The aim of this study is to evaluate the performance of real estate investment within the Nigerian capital market from 2005 to 2023, focusing on the interplay between investment indicators, macroeconomic conditions, and social outcomes. A quantitative research design was employed, relying exclusively on secondary data sourced from the Central Bank of Nigeria (CBN), the National Bureau of Statistics (NBS), the World Bank, and other reputable online repositories. Descriptive statistics were used to summarize the trends, while correlation and regression analyses were applied to establish relationships among variables and test the study hypotheses. The descriptive results showed that real estate investment returns averaged 9.83 percent (SD = 3.01), with market capitalization averaging NGN 746.7 billion (SD = 272.09), highlighting growth potential despite volatility. Poverty headcount remained high, averaging 35.35 percent, while inflation (M = 11.15, SD = 2.41) and unemployment (M = 6.55, SD = 1.35) persisted as structural challenges. The correlation matrix revealed strong positive relationships between market capitalization and the real estate index (r = 0.956), as well as between the stock index and real estate index (r = 0.901). Regression analysis confirmed that market capitalization (β = 0.48, p < 0.01) and stock index (β = 0.36, p < 0.05) significantly predict real estate performance, whereas interest rates had weak and insignificant effects (β = 0.07, p > 0.10). The study concludes that real estate investment performance in Nigeria is primarily shaped by capital market growth and inflationary trends, while interest rates exert minimal direct influence. Strengthening capital market integration, stabilizing inflation, and linking financial inclusion policies to housing finance are recommended to enhance the sector’s sustainability and its role in poverty reduction.
Analysis of Factors Causing Bankruptcy Using the Altman Z-Score Model (Case Study of PT Sepatu Bata Tbk 2019-2023) Naura Salsabilla; Wastam Wahyu Hidayat; Supardi Supardi
Jurnal Restorasi : Hukum dan Politik Vol. 3 No. 2 (2025): Jurnal Restorasi : Hukum dan Politik, October 2025
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Abstract

This rsearch aims to analyze the factors causing the bankruptcy of PT Sepatu Bata Tbk during the 2019-2023 period using the Altman Z-Score model. A quantitative descriptive approach with secondary data from the company's annual financial reports and supporting information from the company's official website was used in this study. The Altman Z-Score analysis results for PT Sepatu Bata Tbk show a significant decline in financial health from 2019 to 2023, shifting from a safe zone to a distress zone, indicating a high risk of bankruptcy. The main causes are internal factors such as poor working capital management (X1), continuous operating losses (X3), and an imbalanced capital structure (X4), exacerbated by a decrease in retained earnings (X2) and asset efficiency (X5). This potential bankruptcy has a broad impact on all stakeholders, including employees, suppliers, consumers, investors, creditors, as well as management and owners, thus strategic and rapid restructuring is highly necessary.
Restoration of Victims’ Rights in the Perspective of Law and Development Fahrizal S.Siagian; Mahmud Mulyadi
Jurnal Restorasi : Hukum dan Politik Vol. 3 No. 2 (2025): Jurnal Restorasi : Hukum dan Politik, October 2025
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Abstract

Crime as a classical problem has always accompanied human life. Crime gives rise to victims who suffer physical, mental, and/or economic losses as a result of criminal acts. The global shift in the criminal justice process—from a retributive to a restorative approach—indicates a significant development. Therefore, a study is needed to examine how the restoration of victims’ rights can be viewed from the perspective of law and development. The purpose of this research is to address this issue. This study employs a normative juridical method using a library research approach. The findings reveal that crime continues to develop significantly, requiring criminal law to adapt and accommodate these changes by reforming existing mechanisms within the criminal justice system. The evolution of criminal justice processes that now recognize and guarantee victims’ rights to recovery represents an absolute and mandatory obligation. Furthermore, the restoration of victims’ rights should be implemented automatically, without requiring a formal request to the state to provide protection for every victim. This automatic recognition constitutes the novelty of this research.
The Role of Legal Sociology in Understanding the Dynamics of Law Enforcement in Society Afnaini Afnaini; Hamdan Hamdan
Jurnal Restorasi : Hukum dan Politik Vol. 4 No. 01 (2026): Jurnal Restorasi : Hukum dan Politik, 2026
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Law enforcement in Indonesia is not only a process of formally implementing legal norms but is also influenced by social, cultural, political, and economic conditions in society. This study aims to analyze the role of legal sociology in understanding the dynamics of law enforcement in society, particularly in explaining the gap between normative law and empirical legal practice. This study uses a qualitative approach with a critical perspective through exploratory literature review of legislation, legal sociology literature, and scholarly articles from reputable journals. Data analysis was conducted using a thematic approach to identify social patterns, societal legal behavior, and structural factors that influence the effectiveness of law enforcement. The results indicate that legal sociology plays a crucial role in bridging the gap between written law and social reality, analyzing social factors in legal implementation, assessing the effectiveness of law as a tool of social control, and providing input for the formulation of more responsive and equitable legal policies. This study confirms that integrating a legal sociology perspective into law enforcement is necessary to create a legal system that not only guarantees legal certainty but also substantive justice and social benefits for society.
Legal Liability of Heirs for Debtor's Current Account (KRK) Credit Obligations after Death Muhammad Khairul Imam; Fahrizal S.Siagian
Jurnal Restorasi : Hukum dan Politik Vol. 4 No. 01 (2026): Jurnal Restorasi : Hukum dan Politik, 2026
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A Current Account Credit Facility (KRK) is a flexible form of bank credit that can be used repeatedly according to the debtor's needs within the agreed credit limit. However, legal issues arise when the debtor dies before their debt obligations are settled, raising questions about the extent to which the heirs can be held liable for the debt. This study aims to analyse the legal responsibility of heirs for the debtor's KRK debt obligations after death and the limits of liability that can be imposed on heirs based on inheritance law and contract law provisions. The research method used is legal research with a regulatory and conceptual approach, through analysis of the legal norms governing inheritance, obligations, and banking credit agreements. The results of the study show that, in principle, the debtor's debt obligations are not extinguished by death but are transferred to the estate, which can be claimed by creditors. Heirs are basically only liable to the extent of the value of the inheritance they receive, so that liability is not absolutely attached to the person of the heir. However, in banking practice, there is often an imbalance in legal positions due to credit agreement clauses that extend the burden on heirs, thereby potentially giving rise to disputes. Therefore, it is necessary to affirm the limits of the heirs' liability proportionally in order to ensure legal certainty and protection for the heirs without eliminating the bank's rights as a creditor in collecting the debtor's debt obligations.
The Validity of Oral Land Buying and Selling According to Indonesian Positive Law Siti Misnar Abdul Jalil; Guswan Hakim; Ni Nyoman Triana Suskendariani
Jurnal Restorasi : Hukum dan Politik Vol. 4 No. 01 (2026): Jurnal Restorasi : Hukum dan Politik, 2026
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Land buying and selling is a legal act with significant legal consequences because it relates to land rights protected by the state. In practice, particularly in rural areas, land buying and selling is still frequently conducted orally based on local beliefs and customs. The question that arises is whether such oral land buying and selling is valid under Indonesian positive law and how strong its evidence is in the event of a dispute. This study aims to analyze the validity of oral land buying and selling from the perspective of civil law, the Basic Agrarian Law, and its implementing regulations. The research method used is normative juridical with a statutory and conceptual approach. The results indicate that oral land buying and selling, in principle, does not meet the formal requirements stipulated by statutory regulations and therefore does not provide legal certainty, although under customary law, land buying and selling can be conducted orally. Therefore, land buying and selling must be conducted in writing before a Land Deed Official (PPAT) to ensure legal certainty and protection for the parties.

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