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Adil Ka'Talino: Jurnal Hukum dan Wacana Keadilan
Published by Universitas Muhammadiyah Palangkaraya
ISSN : -     EISSN : 31650295     DOI : https://doi.org/10.33084/adil
Core Subject : Social,
Law, Crime, Criminology & Criminal Justice
Adil KaTalino: Jurnal Hukum dan Wacana Keadilan is a peer-reviewed open-access journal that aims to publish high-quality research and conceptual analyses on law and justice, including legal theory, legal philosophy, legal development, legal policy, constitutional law, human rights, socio-legal studies, customary/adat law, Islamic law, comparative law, and contemporary justice issues, with particular attention to Indonesian and Borneo (Kalimantan) legal contexts.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 10 Documents
 1 
Pancasila sebagai Paradigma Sosio-Legal: Wacana Keadilan Sosial dan Reformasi Hukum di Indonesia Muhammad Wahdini
Adil Ka'Talino: Jurnal Hukum dan Wacana Keadilan Vol. 1 No. 1 (2025): Adil Ka'Talino: Jurnal Hukum dan Wacana Keadilan
Publisher : Institute for Research and Community Services Universitas Muhammadiyah Palangkaraya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33084/adil.v1i1.11919

Abstract

This article aims to analyze Pancasila as a paradigm system from a sociological perspective, focusing on the discourse of social justice and legal reform in Indonesia. This study departs from various problems in law enforcement that still show a gap between normative law and social reality, so that the law often fails to deliver substantive justice to the community, especially vulnerable groups. Using a qualitative-normative approach enriched through socio-legal analysis, this article shows that Pancasila not only functions as a source of legal values and legitimacy, but also as a critical interpretive framework for understanding the dialectical relationship between positive law, social structures, power practices, and demands for justice. The findings of this article emphasize that the failure of law enforcement in the reform era is not solely due to weaknesses in regulations or legal instruments, but is more deeply related to the weak internalization of Pancasila's values of justice in institutional practices, the legal culture of officials, and public legal awareness. Therefore, the revitalization of Pancasila as a socio-legal paradigm is a normative and sociological prerequisite for the realization of substantive social justice in the Indonesian legal system.
Efektivitas Restorative Justice dalam Penyelesaian Konflik Keluarga pada Kasus Kekerasan Dalam Rumah Tangga (KDRT) di Polresta Palangka Raya Mohamad Agung; Ardi Akbar Tanjung; Ariyadi Ariyadi; Muhammad Noor Shaleh
Adil Ka'Talino: Jurnal Hukum dan Wacana Keadilan Vol. 1 No. 1 (2025): Adil Ka'Talino: Jurnal Hukum dan Wacana Keadilan
Publisher : Institute for Research and Community Services Universitas Muhammadiyah Palangkaraya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33084/adil.v1i1.12272

Abstract

The increasing number of family conflicts that lead to domestic violence in Indonesia indicates a major problem in family resilience. In resolving family conflicts, litigation is often considered ineffective because it takes a long time and is costly. As a result, the restorative justice approach has become an important alternative for resolving domestic violence because it places greater emphasis on victim recovery, perpetrator responsibility, and social harmony. The purpose of this study is to examine how restorative justice is used in resolving family conflicts in cases of domestic violence at the Palangka Raya Police Headquarters and to assess its effectiveness as a method of case resolution. This qualitative legal study uses a normative and empirical approach. Data was obtained through observation, interviews, and documentation at the Palangka Raya Police Headquarters. In addition, research on legislation and related literature was conducted. Data analysis was performed using qualitative descriptive methods. The results of the study show that restorative justice has been implemented by the Women and Children's Service Unit (PPA) of the Palangka Raya Police based on Police Regulation Number 8 of 2021, by fulfilling formal and material requirements and considering the values of deliberative consensus and local wisdom. This approach is considered quite effective, especially in cases of psychological and non-physical domestic violence, as it provides a quick and low-cost solution. However, the effectiveness of restorative justice in cases of physical violence has limitations, particularly in relation to the potential for power imbalances and the risk of revictimization, thus requiring caution and close supervision. Overall, the implementation of restorative justice at the Palangka Raya Police Headquarters shows progress towards a more humanistic and victim-centered model of law enforcement, although it still requires strengthening of operational standards and support systems to ensure the sustainability of victim recovery and protection
Optimalisasi Peran Hakim dalam Menelusuri Aset Non-Rekening: Analisis Peraturan Mahkamah Agung Nomor 1 Tahun 2013 Dian May Syifa; Rena Zulfaidah; Muhammad Noor Ridani
Adil Ka'Talino: Jurnal Hukum dan Wacana Keadilan Vol. 1 No. 1 (2025): Adil Ka'Talino: Jurnal Hukum dan Wacana Keadilan
Publisher : Institute for Research and Community Services Universitas Muhammadiyah Palangkaraya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33084/adil.v1i1.12283

Abstract

This research aims to provide a solution regarding the optimization of the judge's role in tracing non-account assets suspected of originating from money laundering crimes based on the authority mandated in Supreme Court Regulation Number 1 of 2013. The primary issue in handling money laundering is the difficulty of proving assets not recorded in bank accounts, even with the implementation of a reverse burden of proof system, as such evidence is prone to manipulation and fabrication by perpetrators. This study employs a normative legal research method with a statutory analysis approach. The results indicate that judges hold a crucial position as the final bastion of justice through the optimization of authorities regulated in Article 15 and Article 17 of Supreme Court Regulation Number 1 of 2013. This optimization includes the judge's authority to conduct direct examinations where the assets are located, request expert testimony—such as from forensic accounting experts to detect hidden fund flows—and request new materials based on financial intelligence reports from the PPATK. By maximizing the visionary role of judges in utilizing these legal instruments, it is expected that obstacles in proving non-account assets can be overcome so that the process of state asset recovery can be carried out more effectively and fairly.
Rekonstruksi Sanksi Pidana Restoratif di Indonesia: Perspektif Reintegrative Shaming Hadiya Noor; Ranti Suminar Endah
Adil Ka'Talino: Jurnal Hukum dan Wacana Keadilan Vol. 1 No. 1 (2025): Adil Ka'Talino: Jurnal Hukum dan Wacana Keadilan
Publisher : Institute for Research and Community Services Universitas Muhammadiyah Palangkaraya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33084/adil.v1i1.12292

Abstract

The criminal justice system in Indonesia is still dominated by a retributive paradigm that focuses on punishing perpetrators, while the interests of victims, social restoration, and community harmony are often neglected. This situation gives rise to various problems, such as victim dissatisfaction, prison overcrowding, and the low effectiveness of punishment in preventing recidivism. This article aims to analyze and reconstruct criminal sanctions based on a restorative justice approach using the perspective of reintegrative shaming theory proposed by John Braithwaite. This study uses a normative legal research method with a conceptual and legislative approach. The results of the study show that the restorative justice approach provides greater space for victims as legal subjects, encourages perpetrators to take responsibility without permanent stigmatization, and restores social relations in the community. The theory of reintegrative shaming is relevant to the Indonesian context because it is in line with customary law values that have long emphasized conflict resolution through deliberation and the restoration of social balance. Therefore, the reconstruction of criminal sanctions based on restorative justice is a strategic step in realizing substantive justice, a more humane criminal justice system, and criminal law reform oriented towards social restoration and sustainability
Pengelolaan Sumber Daya Alam dan Keadilan Sosial di Indonesia dalam Perspektif Teori Sistem Hukum Azriel Pratama Putra
Adil Ka'Talino: Jurnal Hukum dan Wacana Keadilan Vol. 1 No. 1 (2025): Adil Ka'Talino: Jurnal Hukum dan Wacana Keadilan
Publisher : Institute for Research and Community Services Universitas Muhammadiyah Palangkaraya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33084/adil.v1i1.12302

Abstract

Law plays a strategic role in shaping social order and promoting social justice and public welfare. From the perspective of sociology of law, law is not merely understood as a set of normative rules, but also as a social instrument that regulates, directs, and controls societal behavior. This article examines the role of law in realizing social justice in the context of natural resource governance in Indonesia, where normative legal ideals often diverge from social realities. Using a normative juridical approach combined with a sociology of law perspective, this study analyzes legal norms, principles, and doctrines alongside their implementation in social practice. The analysis employs the legal system theory of Lawrence M. Friedman, which emphasizes three interrelated elements: legal substance, legal structure, and legal culture. The findings indicate that social inequality in natural resource management is not solely caused by deficiencies in legal norms, but also by weak law enforcement institutions and an underdeveloped legal culture. Consequently, law has not yet functioned effectively as an instrument of social justice and equitable welfare. This article argues that strengthening the legal system in an integrated manner is essential to ensure that law genuinely serves public interests and contributes to the realization of social justice in Indonesia.
The Interrelationship Between the Presidential Threshold and the Parliamentary Threshold in Indonesia’s Electoral System: Weighing the Balance Between Governmental Stability and Democratic Representation Hasanah Hasanah; Ichwan Ahnaz Alamudi; Rabiatul Afwaliah
Adil Ka'Talino: Jurnal Hukum dan Wacana Keadilan Vol. 2 No. 1 (2026): Adil Ka'Talino: Jurnal Hukum dan Wacana Keadilan
Publisher : Institute for Research and Community Services Universitas Muhammadiyah Palangkaraya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33084/adil.v2i1.12526

Abstract

This study examines the interrelationship between the Presidential Threshold (PT) and the Parliamentary Threshold (ParT) within Indonesia's electoral system under Law Number 7 of 2017 on General Elections. Unlike previous studies that predominantly analyse these threshold mechanisms separately, this research investigates their interaction as an integrated institutional design. It evaluates their combined impact on the simplification of the political party system, democratic representation, and governmental stability. Employing a normative legal approach grounded in library research, the study analyses constitutional provisions, statutory regulations, judicial decisions, academic literature, and Sinta-indexed legal journals to assess the legal and political consequences of Indonesia's dual-threshold framework. The findings demonstrate that the interaction between PT and ParT has significantly influenced party coalition formation, presidential nomination, legislative representation, and the overall competitiveness of elections. While the dual-threshold mechanism helps reduce excessive party fragmentation and strengthen the effectiveness of the presidential system, it also limits political inclusiveness by restricting the participation of smaller parties and reducing the number of electoral alternatives available to voters. Consequently, political decision-making becomes concentrated among larger political parties, potentially affecting legislative representation, policy formulation, and the constitutional principle of equal political participation. The study further argues that Indonesia's electoral system cannot achieve effectiveness through threshold mechanisms alone but requires a comprehensive institutional design that balances party system simplification with democratic inclusiveness. It concludes that the current dual-threshold arrangement should be periodically re-evaluated to ensure proportionality between governmental stability, constitutional democracy, and fair political representation in accordance with the principles of Indonesia's constitutional order
Towards a New Paradigm of Natural Resource Law in the Anthropocene: Reconstructing Ecological Justice and Public Welfare Jefri Bukhari; Brian Janhano
Adil Ka'Talino: Jurnal Hukum dan Wacana Keadilan Vol. 2 No. 1 (2026): Adil Ka'Talino: Jurnal Hukum dan Wacana Keadilan
Publisher : Institute for Research and Community Services Universitas Muhammadiyah Palangkaraya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33084/adil.v2i1.13163

Abstract

This study reconstructs the paradigm of natural resource law in the Anthropocene as a response to the escalating ecological crisis characterized by excessive resource exploitation, biodiversity loss, pollution, climate change, and increasingly centralized governance that often marginalizes local communities and weakens ecological justice. It is based on the premise that the prevailing extractive and anthropocentric paradigm of natural resource law is no longer capable of addressing the interconnected challenges of environmental sustainability, social equity, and public welfare. Employing normative juridical research with a qualitative doctrinal approach, the study analyzes natural resource law through an integrated framework comprising the Public Trust Doctrine, Sustainable Development, Entangled Legal Pluralism, the Common Heritage of Mankind principle, and the ethical values of Maqasid al-Shariah. The findings demonstrate that existing legal frameworks remain fragmented and predominantly oriented toward economic exploitation, resulting in weak ecological protection, limited recognition of indigenous legal systems, and inadequate safeguards for intergenerational justice. In response, this study proposes a new paradigm of natural resource law that systematically integrates these complementary legal perspectives into a coherent normative framework emphasizing environmental stewardship, collaborative governance, ecological justice, and sustainable resource management. The study concludes that reconstructing natural resource law requires a fundamental shift from an exploitative regulatory model toward an integrated governance paradigm that balances ecological integrity, public welfare, constitutional responsibility, and long-term sustainability for present and future generations.
Unlawful Acts by Local Governments in Urban Drainage Management: A Case Study of Waterlogging in Banjarmasin City Husna Sari; Alif Dima Apri Jayani; Haslinda Arhana; Nabilla Guslen
Adil Ka'Talino: Jurnal Hukum dan Wacana Keadilan Vol. 2 No. 1 (2026): Adil Ka'Talino: Jurnal Hukum dan Wacana Keadilan
Publisher : Institute for Research and Community Services Universitas Muhammadiyah Palangkaraya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33084/adil.v2i1.13333

Abstract

The recurring phenomenon of waterlogging in Banjarmasin City reflects serious problems in urban drainage governance and the provision of public services by the local government. As a low-lying area characterized by high rainfall, tidal river fluctuations, and sedimentation, Banjarmasin frequently experiences waterlogging at numerous vulnerable locations. Empirical evidence indicates persistent deficiencies in drainage capacity, river siltation, blocked drainage channels, and the absence of a comprehensive and integrated management system. This study aims to examine whether these conditions may be legally classified as unlawful acts by the local government (onrechtmatige overheidsdaad) from the perspectives of administrative law and civil law, particularly in light of the elements outlined in Article 1365 of the Indonesian Civil Code. The research employs a normative legal method, drawing on statutory, conceptual, and case-based approaches, focusing on the waterlogging phenomenon in Banjarmasin. The findings indicate that the local government's negligence in maintaining, supervising, and optimizing the urban drainage system, which has resulted in losses to the community, may satisfy the legal elements of an unlawful act, particularly with respect to fault, damages, and causation. Although geographical conditions are a contributing factor, deficiencies in governance, delays in drainage normalization, and weak oversight of spatial planning reinforce the indication of the local government's legal responsibility. Accordingly, the recurring waterlogging in Banjarmasin is appropriately analyzed as a form of governmental negligence that may give rise to both legal liability and administrative accountability.
Integration of Customary Law into the Criminal Procedure System through Transcendental-Based Restorative Justice: A Comparative Study of the Utilization of Local Wisdom Instruments Hasan Madilis
Adil Ka'Talino: Jurnal Hukum dan Wacana Keadilan Vol. 2 No. 1 (2026): Adil Ka'Talino: Jurnal Hukum dan Wacana Keadilan
Publisher : Institute for Research and Community Services Universitas Muhammadiyah Palangkaraya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33084/adil.v2i1.13348

Abstract

The integration of Customary Law into the Criminal Procedure System through a Transcendental Approach to Restorative Justice represents a significant legal innovation. It offers a conceptual framework for addressing practical and sociological legal needs. The restorative justice mechanism provides a criminal justice process that is faster, more affordable, and more efficient in resolving criminal cases according to the nature and characteristics of the offense. This mechanism also creates opportunities for legal development by enabling the discovery of law through the manifestation of living law in the conduct of legislators, law enforcement officials, and society, which simultaneously functions as both the subject and the object of law. This paper focuses on a comparative analysis between the technical mechanisms of restorative justice and the characteristics of local wisdom embodied in customary law as a means of resolving community conflicts. Such a comparison is intended to strengthen the theoretical foundation of the sociology of criminal law while promoting a legal framework that is persuasive, responsive, expeditious, cost-effective, and efficient. Furthermore, this study aims to provide a conceptual and speculative framework that may serve as a stimulus for developing hypotheses and examining empirical realities concerning the integration of customary law into the criminal procedure subsystem through a transcendental approach to restorative justice in the resolution of community conflicts. This study employs a descriptive research design grounded in library research, with the collected data analyzed qualitatively.
Legal Dimensions of Political Communication in the 2024 DPD Election: Ensuring Democratic and Electoral Integrity in Southwest Papua Junius Wetaku; Masni Banggu; Ismed Kelibay
Adil Ka'Talino: Jurnal Hukum dan Wacana Keadilan Vol. 2 No. 1 (2026): Adil Ka'Talino: Jurnal Hukum dan Wacana Keadilan
Publisher : Institute for Research and Community Services Universitas Muhammadiyah Palangkaraya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33084/adil.v2i1.13719

Abstract

Political communication has traditionally been examined from the perspectives of communication science and political science, emphasizing campaign strategies, political branding, and voter persuasion. However, contemporary democratic elections require political communication to be evaluated not only for its effectiveness but also for its compliance with electoral law, constitutional democracy, and the principles of electoral integrity. This study examines the political communication of Paul Finsen, the Mayor, during the 2024 Regional Representative Council (DPD RI) election in Southwest Papua from a legal perspective. Employing an empirical legal (socio-legal) approach, the research combines legal analysis of Indonesian electoral regulations with qualitative field data obtained through interviews, observations, and document analysis. The study examines whether political communication practices reflect the principles of legal certainty, equality, transparency, fairness, and democratic participation as guaranteed by Indonesian electoral law. The findings demonstrate that political communication significantly enhanced public political participation through persuasive, culturally adaptive, and issue-oriented approaches that emphasized indigenous rights, education, healthcare, and regional development. More importantly, these communication practices remained consistent with the principles of electoral integrity by avoiding practices that undermine electoral fairness and constitutional rights. The study argues that political communication should no longer be perceived merely as an electoral strategy but rather as a legal instrument supporting democratic legitimacy and constitutional governance. This research contributes to the development of electoral law by integrating political communication theory with constitutional and electoral legal principles, thereby offering a broader framework for evaluating campaign practices in democratic elections.

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