<p>The crisis of retributive justice has exposed the moral limitations of punitive legalism in addressing social harm and human dignity. Indonesia’s search for a more humane justice paradigm requires reinterpreting law as a moral language rather than a coercive apparatus. This study aims to reconstruct justice through the integration of legal semiotics and postcolonial pluralism, positioning <i>Pancasila</i> as a living moral code that mediates between state legality and indigenous ethics. Using a qualitative–normative design grounded in interpretive hermeneutics, the research analyzes cultural practices such as <i>musyawarah</i>, <i>sasi</i>, and <i>pela gandong</i> as semiotic expressions of restorative justice within Indonesia’s plural legal culture. The findings reveal that <i>Restorative Justice Pancasila</i> redefines law as a communicative and participatory process that restores harmony through empathy and dialogue, not punishment. It also demonstrates how postcolonial hybridity can evolve into a decolonial jurisprudence when moral symbols are translated into legal meaning. The study’s originality lies in its theoretical synthesis of semiotics and postcolonial thought to articulate justice as a semiotic–decolonial continuum. This framework contributes to global legal discourse by offering Indonesia’s model of culturally grounded, morally dialogical, and epistemically restorative justice.</p>

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Reconstructing Justice Through Legal Semiotics and Postcolonial Pluralism: Toward a Pancasila-Based Restorative Paradigm in Indonesia

  • Achmad Irwan Hamzani,
  • Dwi Edi Wibowo,
  • Sami’an Sami’an

摘要

The crisis of retributive justice has exposed the moral limitations of punitive legalism in addressing social harm and human dignity. Indonesia’s search for a more humane justice paradigm requires reinterpreting law as a moral language rather than a coercive apparatus. This study aims to reconstruct justice through the integration of legal semiotics and postcolonial pluralism, positioning Pancasila as a living moral code that mediates between state legality and indigenous ethics. Using a qualitative–normative design grounded in interpretive hermeneutics, the research analyzes cultural practices such as musyawarah, sasi, and pela gandong as semiotic expressions of restorative justice within Indonesia’s plural legal culture. The findings reveal that Restorative Justice Pancasila redefines law as a communicative and participatory process that restores harmony through empathy and dialogue, not punishment. It also demonstrates how postcolonial hybridity can evolve into a decolonial jurisprudence when moral symbols are translated into legal meaning. The study’s originality lies in its theoretical synthesis of semiotics and postcolonial thought to articulate justice as a semiotic–decolonial continuum. This framework contributes to global legal discourse by offering Indonesia’s model of culturally grounded, morally dialogical, and epistemically restorative justice.