RECONSTRUCTING PROCEDURAL JUSTICE IN THE CIVIL JUSTICE SYSTEM: ANALYSIS OF ACCESS TO JUSTICE FOR VULNERABLE COMMUNITIES

Authors

  • Khomaini Khomaini Universitas Pembinaan Masyarakat Indonesia
  • Yusuf Hanafi Pasaribu Universitas Pembinaan Masyarakat Indonesia
  • Ahmad Saidi Hasibuan Universitas Pembinaan Masyarakat Indonesia

DOI:

https://doi.org/10.55751/jfhu.v1i1.156

Keywords:

Procedural Justice, Access To Justice, Vulnerable Communities, Civil Justice Reform, Equality, Legal Representation.

Abstract

This article examines the critical intersection of procedural justice theory and access to justice for vulnerable communities within contemporary civil justice systems. Despite procedural justice being foundational to legitimate legal systems, marginalized populations including low-income individuals, racial minorities, persons with disabilities, and immigrant communities face systemic barriers that fundamentally undermine procedural fairness. Through doctrinal analysis, empirical review, and comparative legal examination, this study identifies structural inequities in voice opportunities, neutrality perceptions, respectful treatment, and trustworthiness of legal authorities. The research reveals that traditional procedural justice frameworks inadequately account for intersectional vulnerabilities and power asymmetries inherent in civil litigation. This article proposes a reconstructed model of procedural justice that integrates substantive equality principles, cultural competency requirements, and affirmative accommodations. The findings demonstrate that meaningful access to justice requires not merely formal procedural equality but transformative institutional reforms that address systemic disadvantages. This reconstruction offers theoretical contributions to procedural justice scholarship and practical implications for civil justice reform, including specialized tribunals, community-based legal services, and technology-enhanced accessibility measures.

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Submitted

2025-10-18

Published

2022-01-30