Rangga Jayanuarto
Muhammadiyah University of Bengkulu, Bengkulu, Indonesia

Published : 2 Documents Claim Missing Document
Claim Missing Document
Check
Articles

Found 2 Documents
Search

Juridical Analysis of Baby Dumping and Perpetrator Criminal Liability under the Penal Code and Child Protection Law Farhan Naufal Ferdiansyah; Rangga Jayanuarto; Hendi Sastra Putra; Mikhorardinata Mikhorardinata
International Journal of Social Sciences and Humanities Vol. 4 No. 2 (2026): International Journal of Social Sciences and Humanities
Publisher : LPPM Sekolah Tinggi Ilmu Ekonomi 45 Mataram

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55681/ijssh.v4i2.2817

Abstract

The phenomenon of baby dumping in Indonesia is a complex criminal offense intersecting with moral, social, and legal dimensions. This study aims to analyze the regulatory framework for baby abandonment regarding the enactment of Law No. 1/2023 (the New Criminal Code/KUHP) and Law No. 35/2014 on Child Protection. Using a normative legal research method with a statutory approach, this study examines primary and secondary legal sources. The findings indicate that Articles 429–431 of the New Criminal Code reorient the provisions on child abandonment from the old Criminal Code toward a progressive justice system emphasizing restorative justice. However, these provisions still overlap with the Child Protection Law, which acts as a lex specialis by imposing more severe criminal sanctions. The novelty of this research lies in its critical analysis of legal synchronization precisely at the transition moment of the National Criminal Code's enactment as of January 2026, mapping the jurisdictional dualism between codified general criminal law and child protection law. Consequently, the success of law enforcement at this juncture heavily depends on the readiness of law enforcement officials, regulatory harmonization, and the strengthening of community-based preventive strategies through inter-institutional synergy and increased public awareness.
Criminalization of Cohabitation in the New Criminal Code (A Philosophical Review in Legal Pluralism and Privacy Rights) Cahyo Dimasre Bimantoro; Rangga Jayanuarto; Fahmi Arisandi; Hendri Padmi
International Journal of Social Sciences and Humanities Vol. 4 No. 2 (2026): International Journal of Social Sciences and Humanities
Publisher : LPPM Sekolah Tinggi Ilmu Ekonomi 45 Mataram

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55681/ijssh.v4i2.2824

Abstract

The criminalization of cohabitation under Article 412 of Law No. 1 of 2023 on the Criminal Code has sparked debate over the legitimacy of government interference in individuals' private domains. This study aims to analyze the philosophical basis of criminalizing cohabitation through the perspectives of legal pluralism and privacy rights, assess its proportionality within a democratic constitutional order, and explain the legal and sociological consequences of implementing this article. This research is a normative legal study with a qualitative, descriptive-analytical approach, utilizing normative and philosophical legal methods by examining primary, secondary, and tertiary legal materials. The results indicate that criminalizing cohabitation does not meet the principles of proportionality and harm in modern criminal law, because consensual relationships between two adults do not cause concrete harm to third parties. Furthermore, it violates privacy rights protected under Article 28G (1) of the 1945 Constitution and Article 17 of the ICCPR, and creates tension within Indonesia's pluralistic legal landscape. The application of this article has the potential to trigger overcriminalization and social stigmatization, thus requiring a reinterpretation of the complaint offense and the prioritization of the principle of ultimum remedium to maintain a balance between public morality norms and individual human rights guarantees within a democratic rule of law framework.