Critical Analysis of Marginalized Communities in Indonesia for Reconstruction of Social Justice Criminal Law

Abstract

The phenomenon of criminalization of marginalized communities in Indonesia is a complex and urgent legal and social justice issue to be addressed. This research aims to analyze the root critical causes underlying the criminalization of vulnerable groups and formulate ideas for reconstructing socially just criminal law. Through a socio-legal approach that combines literature study and field research, this research reveals various weaknesses in legislation, discriminatory law enforcement practices, and structural barriers marginalised communities face in accessing justice. The findings show that the reconstruction of socially just criminal law requires comprehensive and systemic reforms, which include revision of legal rules, paradigm shifts in law enforcement, strengthening access to justice, and transformation of legal culture that is more responsive to the needs of society. The reconstruction must be based on the principles of human rights protection, equality before the law, and empowerment of marginalized groups. This research offers concrete policy recommendations, such as revising the Criminal Code and related regulations, applying restorative justice in law enforcement, and increasing the budget and capacity for legal aid for the poor. Finally, this research emphasizes that the reconstruction of social justice criminal law is an ongoing and participatory process, which demands various stakeholders' commitment and active involvement in realizing the vision of a more just and humane law for all.