https://seaninstitute.or.id/bersinar/index.php/restorasi/issue/feed 2025-09-04T09:23:58+00:00 Open Journal Systems <p>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.</p> <p>ISSN: <a href="https://issn.brin.go.id/terbit/detail/20230624040006433">2988-2125 (Online - Elektronik)</a></p> https://seaninstitute.or.id/bersinar/index.php/restorasi/article/view/199 2025-08-06T02:38:23+00:00 Hasjad Hasjad hasjad@unilaki.ac.id

<p>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.</p>

2025-08-06T00:00:00+00:00 Copyright (c) 2025 Jurnal Restorasi : Hukum dan Politik https://seaninstitute.or.id/bersinar/index.php/restorasi/article/view/210 2025-09-04T09:23:58+00:00 Yosep Copertino Apaut yosepcopertinoapautshmh@gmail.com Egiony Saunoah egionysaunoah674@gmail.com

<p>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.</p>

2025-09-04T00:00:00+00:00 Copyright (c) 2025 Jurnal Restorasi : Hukum dan Politik