Implementation of Law and Justice in Indonesia: Between Formalistic Paradigm and Substantive Justice

DOI

10.2991/978-2-38476-519-5_27How to use a DOI?

Keywords

Law Implementation; Substantive Justice; Legal Reform; Judicial System; Rule of Law

Abstract

The enforcement of law and justice in Indonesia represents a pivotal issue in the pursuit of a democratic and civilized legal system. Despite the existence of a written legal framework and operational law enforcement agencies, the practice of law remains plagued by challenges such as unequal access to justice, conflicting regulations, political interference, and insufficient judicial accountability. This research employs a qualitative methodology, utilizing literature review and case study approaches, integrating both normative (legal norms) and empirical (legal implementation practices) perspectives.

The novelty of this study lies in its integrative analysis, which bridges the gap between legal norms and the practical realities encountered in the field, with particular emphasis on the application of substantive justice in cases involving vulnerable groups. The findings indicate that law enforcement in Indonesia continues to be largely formalistic, often failing to uphold core principles of humanity and moral justice. This research contributes to the field by offering recommendations for legal reform that emphasize substantive justice, enhance the integrity of law enforcement institutions, and promote greater public involvement in the legal process. Consequently, the implementation of law should not only serve as an instrument of social control but also as a means of achieving social justice and safeguarding human rights.

Copyright

© 2025 The Author(s)

Open Access

Open Access This chapter is licensed under the terms of the Creative Commons Attribution-NonCommercial 4.0 International License (http://creativecommons.org/licenses/by-nc/4.0/), which permits any noncommercial use, sharing, adaptation, distribution and reproduction in any medium or format, as long as you give appropriate credit to the original author(s) and the source, provide a link to the Creative Commons license and indicate if changes were made.

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TY  - CONF
AU  - Pria Sembada
AU  - Lego Karjoko
AU  - Ayub Torry Satriyo Kusomo
PY  - 2025
DA  - 2025/12/29
TI  - Implementation of Law and Justice in Indonesia: Between Formalistic Paradigm and Substantive Justice
BT  - Proceedings of the 3rd International Conference on Law, Economics & good Governance (ICLAW 2025)
PB  - Atlantis Press
SP  - 340
EP  - 344
SN  - 2352-5398
UR  - https://doi.org/10.2991/978-2-38476-519-5_27
DO  - 10.2991/978-2-38476-519-5_27
ID  - Sembada2025
ER  -