APPLICATION ON PROCEDURAL JUSTICE VIS A VIS SUBSTANTIVE JUSTICE IN LAW ENFORCEMENT

Efendi, Jonaedi (2024) APPLICATION ON PROCEDURAL JUSTICE VIS A VIS SUBSTANTIVE JUSTICE IN LAW ENFORCEMENT. ARENA HUKUM, 17 (2). pp. 46-61. ISSN P-ISSN 0126-0235 | E-ISSN 2527-4406

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Abstract

This study examines the appl ication of procedural and substantive justice in law enforcement. The research method used in this study is mixed, normative, and sociological legal research. Normative legal research uses a conceptual approach and a case approach, while sociological research uses a socio-legal approach because the concept of law enforcement will be analyzed from the perspective of legal culture. The research discussion indicates that the application of procedural justice vis a vis substantive justice in law enforcement still needs to be simultaneously implemented; in certain circumstances, procedural justice is better, while in other circumstances, substantive justice is better. Procedural justice is closely related to the propriety and transparency of the decision-making process. Meanwhile, substantive justice focuses on internal aspects, which contain elements in the law about "truth" and "guilt." However, both justices need to remain grounded in existing legal norms. Based on the results of this study, it can be concluded that there has been a discourse on the application of procedural justice vis a vis substantive justice in law enforcement. The author divides this discourse into three stages, namely the investigation stage, the prosecution stage, and the decision stage

Item Type:	Article
Additional Information:	ARENA HUKUM has been also accredited for five years as scientific journal based on Ministry of Research, Technology and Higher Education of the Republic of Indonesia SK No 158/E/KPT/2021 dated 29th December 2021 (2021 - 2025) and indexed in SINTA 2.
Uncontrolled Keywords:	Judge’s Decision; Law Enforcement; Procedural Justice Vis A Vis Substantive Justice
Subjects:	K Law > K Law (General)
Divisions:	Faculty of Law > Bachelor of Law > Magister of Law Faculty of Law > Magister of Law
Depositing User:	Perpus Ubhara Surabaya
Date Deposited:	08 Oct 2024 04:46
Last Modified:	09 Oct 2024 02:51
URI:	http://eprints.ubhara.ac.id/id/eprint/2713

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