Jurnal Restorasi : Hukum dan Politik

The Role of Legal Sociology in Understanding the Dynamics of Law Enforcement in Society

2026-01-21T05:08:47+00:00

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.

The Validity of Oral Land Buying and Selling According to Indonesian Positive Law

2026-02-04T04:07:50+00:00

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.

Legal Liability of Heirs for Debtor's Current Account (KRK) Credit Obligations after Death

2026-01-28T11:22:06+00:00

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.

Personnel Performance Analysis in Jayaraga Village, Garut Regency

2026-02-11T03:55:16+00:00

The performance of village officials is the ability of employees to carry out their main duties and functions in accordance with their assigned responsibilities. This study aims to determine the Analysis of Employee Performance in Jayaraga Village, Garut Regency, as an effort to improve the quality of public administration services. The research method used is descriptive research with a qualitative approach. Data collection techniques were carried out through observation, interviews, and documentation, while data analysis used data reduction, data presentation, and conclusion drawing reinforced by triangulation techniques. This study uses Dwiyanto's (2008:50-51) performance theory, which includes five dimensions: productivity, service quality, responsiveness, responsibility, and accountability. The results of the study show that the performance of Jayaraga Village employees is generally good, as evidenced by fast, friendly, and procedurally compliant services, as well as accountability. However, several weaknesses were found, such as the formal recording of community complaints and community participation in financial supervision, which need to be improved to support future improvements in employee performance.

The Position of Living Law in Society as a Source of Criminal Law According to Law Number 1 of 2023

2026-02-18T05:33:22+00:00

The enactment of Law Number 1 of 2023 concerning the Criminal Code marks a fundamental transformation of Indonesia's criminal law system through explicit recognition of living law as a source of criminal law. This normative juridical research analyzes the position of living law in the national legal hierarchy, its mechanism of application as a basis for punishment, and its implications for human rights protection and the principle of equality before the law. The research findings indicate that living law obtains normative legitimacy through Article 2 of the National Criminal Code with formalization mechanism through Regional Regulations requiring conformity with Pancasila values, human rights, and empirical validation. The transformation of the legality principle from formal to material reflects efforts to balance legal certainty with substantive justice in the context of Indonesian legal pluralism. Recognition of living law brings juridical implications including expansion of criminal law sources, changes in the role of judges in interpreting law, and potential differences in legal treatment across regions that must be safeguarded against discrimination. Implementation problems include tension between the dynamic characteristics of customary law and the static nature of regulations, complexity in determining territorial boundaries of application, and risks of bureaucratization that can eliminate the philosophical values of customary law. Improvements in implementing regulations, establishment of special supervisory bodies, and capacity building for law enforcement officers are needed to ensure proportional, just application of living law that respects citizens' constitutional rights.

Supervision of the Regional House of Representatives (DPRD) on Regional Head Policies in the Perspective of Checks and Balances in Konawe Regency

2026-03-02T21:42:32+00:00

This study aims to analyze the implementation of the supervisory function of the Regional People's Representative Council (DPRD) on the policies of Regional Heads in the perspective of the principle of checks and balances in Konawe Regency. In the local government system based on Law Number 23 of 2014 concerning Regional Government, the DPRD has the functions of legislation, budget, and supervision as a manifestation of the power balancing mechanism at the local level. However, in practice, the effectiveness of DPRD supervision often faces various obstacles, both normative and political. This research uses normative-empirical legal research methods with a legislative approach and a conceptual approach, and is supported by field data through interviews and documentation. The results of the study show that the supervision of the DPRD in Konawe Regency has been carried out through the mechanism of working meetings, the right of interpellation, the right of inquiry, and the right to express opinions, but it is not fully optimal in realizing the balance of power. Political relations factors, limited institutional capacity, and lack of policy transparency are the main obstacles in the implementation of the supervisory function. From the perspective of checks and balances, it is necessary to strengthen the institutional capacity of the DPRD, increase public participation, and political ethics commitment to ensure the creation of accountable and democratic local governance. Thus, the supervision of the DPRD is not only formal-procedural, but also substantive in maintaining the balance of power in the regions.