cover
Contact Name
Edi Yuhermansyah
Contact Email
eys_0401@yahoo.com
Phone
+6281363555462
Journal Mail Official
legitimasi@ar-raniry.ac.id
Editorial Address
Faculty Shariah and Law, Universitas Islam Negeri Ar-Raniry Banda Aceh, 23111
Location
Kota banda aceh,
Aceh
INDONESIA
LEGITIMASI: Jurnal Hukum Pidana dan Politik Hukum
ISSN : 20888813     EISSN : 25795104     DOI : 10.22373/legitimasi
Core Subject : Social,
The Legitimasi Journal (the Journal of Criminal and Political Law) published biannually in January and July, is published by the Faculty Shariah and Law UIN Ar-Raniry Banda Aceh. Its purpose is to promote the study of criminal law and Islamic law in general and to discuss discourses of the development of criminal law and government policies in various perspectives. It is also to help in the understanding of criminal law and politic of law in Indonesia.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 203 Documents
Reconstruction of Restorative Justice for Drug Users in Metro Jaya Police Jurisdiction Paramitha Aulia Putri Nandira; Masyhar, Ali; Wulandari, Cahya
Legitimasi: Jurnal Hukum Pidana dan Politik Hukum Vol. 15 No. 1 (2026)
Publisher : Faculty of Sharia and Law, Universitas Islam Negeri Ar-Raniry Banda Aceh

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22373/lg.v15i1.34385

Abstract

Drug abuse is a serious problem in Indonesia’s criminal justice system, which has traditionally been addressed through a repressive approach by treating drug users as offenders who must be punished. This approach is considered ineffective because it does not address the root cause of drug dependency. Therefore, restorative justice has emerged as an alternative approach that emphasizes recovery through rehabilitation mechanisms. This study aims to analyze the implementation of restorative justice for drug users within the jurisdiction of the Metro Jaya Regional Police and to formulate a more effective policy reconstruction based on humanitarian principles. This research employs empirical legal research with a socio-legal approach by collecting primary data through interviews with law enforcement officers and observations at the Directorate of Narcotics Investigation of the Metro Jaya Regional Police, as well as secondary data from legislation, legal literature, and institutional reports. The findings show that restorative justice has been implemented through an integrated assessment mechanism that directs drug users to medical and social rehabilitation programs. However, its implementation still faces challenges, including limited rehabilitation facilities, suboptimal inter-agency coordination, and differing paradigms among law enforcement officers. This study proposes reconstruction through strengthening rehabilitation regulations, optimizing assessment mechanisms, improving rehabilitation capacity, transforming law enforcement paradigms, and strengthening inter-agency coordination. This reconstruction is expected to enhance the implementation of restorative justice and create a more humane, recovery-oriented law enforcement system.
The Urgency of Social Media Restrictions for Sixteen-Year-Old Children from the Perspective of Legal Protection Ar-Riski, Thiana Ayu; Handayani, Emi Puasa; Khayatudin
Legitimasi: Jurnal Hukum Pidana dan Politik Hukum Vol. 15 No. 1 (2026)
Publisher : Faculty of Sharia and Law, Universitas Islam Negeri Ar-Raniry Banda Aceh

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22373/legitimasi.v15i1.34503

Abstract

The development of social media provides benefits for children in obtaining information, communicating, and developing themselves, but it also poses various risks, such as cyberbullying, digital exploitation, exposure to negative content, misuse of personal data, and disruption of psychological and social development. This study aims to analyze the urgency of restricting the use of social media for sixteen-year-olds from the perspective of legal protection and examine the form and implementation of regulations that can be applied. The research method used is normative legal research with a statutory and conceptual approach, using primary, secondary, and tertiary legal materials that are analyzed qualitatively. The results of the study show that restrictions on the use of social media for 16-year-olds have a strong urgency from juridical, psychological, and sociological aspects. Juridically, the protection is based on Article 28B paragraph (2) of the 1945 Constitution of the Republic of Indonesia, the Child Protection Law, the Electronic Information and Transaction Law, the Personal Data Protection Law, and the Convention on the Rights of the Child, which prioritizes the principle of the best interests of children. The findings of the study show that legal protection can be realized through minimum age restrictions, age verification, supervision of use, protection of personal data, improvement of digital literacy, and strengthening the responsibility of digital platforms. The implementation of these policies requires synergy between the government, families, communities, and digital service providers to ensure child protection in the digital era.
Local Wisdom-Based Social Sanctions in Indonesian Criminal Law: A Legal-Political Analysis Muhammad Topan; Erniyati, Tiya
Legitimasi: Jurnal Hukum Pidana dan Politik Hukum Vol. 15 No. 1 (2026)
Publisher : Faculty of Sharia and Law, Universitas Islam Negeri Ar-Raniry Banda Aceh

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22373/legitimasi.v15i1.34601

Abstract

Indonesian criminal law reform has shifted from a retributive orientation toward a more restorative and socially responsive approach, as reflected in the recognition of living law under Law Number 1 of 2023 on the National Criminal Code. However, local wisdom-based social sanctions, which have long functioned as community-based restorative mechanisms, remain absent from explicit codification in the national penal system. This normative gap raises an important legal-political question concerning the possibility of institutionalizing such sanctions through Regional Regulations (Peraturan Daerah) without violating constitutional principles, national criminal law, and human rights standards. This study aims to examine the legal-political basis for such institutionalization and to formulate the normative limits and regulatory model that should govern it. The study employs normative legal research using statutory, conceptual, philosophical, and socio-legal approaches. The findings show that local wisdom-based social sanctions have received indirect normative recognition through restorative justice mechanisms in Law Number 11 of 2012, Prosecutor Regulation Number 15 of 2020, Supreme Court Regulation Number 1 of 2024, and the social work punishment policy in Law Number 1 of 2023. The study also finds that Regional Regulations may serve as derivative policy instruments to accommodate public apology, community service, moral restitution, and customary obligations, provided that they remain participatory, non-repressive, accountable, and consistent with Pancasila and constitutional guarantees. Such institutionalization is legally possible, but it must be limited to restorative measures aimed at restoring social harmony and guiding constitutionally compliant local regulation.