Kontribusi Filsafat Hukum Dan Teori Hukum Terhadap Pengembangan Dogmatik Hukum Di Indonesia Dalam Konteks Restorative Justice

Abstract

Legal theory, legal philosophy, and legal science (legal dogmatics) are three important pillars in legal studies. The three of them have different but related roles in understanding and developing the existing legal system. Legal philosophy investigates the meaning and purpose of law in depth, while legal theory attempts to explain the basic principles that govern law at an abstract level. On the other hand, legal science or legal dogmatics examines the legal norms that apply in the positive legal system.

This research discusses the relationship between legal philosophy, legal theory and legal dogmatics in forming a legal foundation that supports restorative justice in Indonesia and the challenges faced in implementing restorative justice in the Indonesian legal system, and what the solutions are from the perspective of legal philosophy, legal theory, And Legal Dogmatics.

In this research, the approach method used is a normative juridical approach. This is because this research focuses its attention on discussing legal norms in the form of statutory regulations. Data collection through literature study and documentation.

The main challenges in implementing restorative justice in Indonesia are a lack of understanding, inadequate legal infrastructure, social stigma against perpetrators, and a mismatch between the existing legal system and the principles of restorative justice. However, solutions from the perspective of legal philosophy, legal theory and legal dogmatics can overcome these challenges. By formulating basic values, relevant legal theories, and supporting legal rules, restorative justice can be implemented more effectively and provide more just and humane results for all parties involved. The implementation of restorative justice in the Indonesian legal system is a positive step that can create a more humane justice system, based on the restoration of relationships and social reconciliation. However, the existing challenges require serious attention from the government, law enforcement officials and the community.