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All Journal Jurnal Restorative Justice Journal of International Islamic Law, Human Right and Public Policy
Muhammad Darwis
Institut Ilmu Sosial dan Bisnis Andi Sapada
Religion Law, Crime, Criminology & Criminal Justice

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CHILD GROOMING CRIMINAL REGULATIONS IN THE NATIONAL CRIMINAL CODE An’nissa Sukmaningrum; Lilis Suryani; Ardiyanti Aris; Kairuddin; Muhammad Darwis
Journal of International Islamic Law, Human Right and Public Policy Vol. 4 No. 3 (2026): September
Publisher : PT. Radja Intercontinental Publishing

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.5281/zenodo.21458214

Abstract

The development of information technology has transformed patterns of social interaction and digital communication, leading to the emergence of various forms of sexual crimes against children, one of which is child grooming. This crime is committed through a process of approaching, psychologically manipulating, and building trust with a child for sexual exploitation. This study aims to analyze the regulation of the criminal offense of child grooming under the national Criminal Code (KUHP) and to examine the limitations of its legal framework. This research is a normative legal study employing both statutory and conceptual approaches. The legal materials used consist of primary, secondary, and tertiary sources, which are analyzed qualitatively. The findings indicate that child grooming has not yet been explicitly regulated as a distinct criminal offense under the national Criminal Code. However, in substance, it has been implicitly accommodated through Article 417, which regulates acts of giving or promising gifts, abusing authority or influence, and deceiving a child for sexual purposes. The study also finds that this regulation remains limited because Article 417 is constructed as a material offense, does not fully address the characteristics of digital-based child grooming, and fails to accommodate the process of psychological manipulation at the initial stage before sexual exploitation occurs. Therefore, a more adaptive reform of criminal law is required to provide legal certainty regarding the criminal offense of child entrustment.
PROTECTION OF THE RIGHTS OF SUSPECTS DURING THE DETENTION PROCESS BASED ON THE CRIMINAL PROCEDURE CODE Nafilah Amalia; Ardiyanti Aris; Lilis Suryani; Sunardi Purwanda; Muhammad Darwis
Journal of International Islamic Law, Human Right and Public Policy Vol. 4 No. 3 (2026): September
Publisher : PT. Radja Intercontinental Publishing

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.5281/zenodo.21457774

Abstract

As a nation governed by the rule of law, Indonesia has an obligation to guarantee the protection of human rights for every citizen, including those facing criminal proceedings, particularly during the detention phase, which constitutes the most intrusive form of coercion against individual liberty. This study aims to examine the regulations governing the rights of suspects during the detention process as specified in the Criminal Procedure Code and to analyze the forms of legal protection provided for these rights. This study employs a normative legal research method using both a statutory and a conceptual approach, with primary legal sources consisting of Law No. 20 of 2025 on the Criminal Procedure Code, the 1945 Constitution of the Republic of Indonesia, Law no. 48 of 2009 on Judicial Power, and the International Covenant on Civil and Political Rights. The research findings indicate that the New Criminal Procedure Code comprehensively regulates the rights of suspects in Article 142, covering the right to legal counsel from the arrest and detention stages, the right to contact family members, the right to health care, and the right to file a pretrial motion—the scope of which (both in terms of subject matter and eligible parties) has been significantly expanded—accompanied by stricter detention requirements through three cumulative conditions: objective, subjective, and formal criteria, including the mandatory appointment of a Preliminary Examination Judge. As for the forms of legal protection for the rights of suspects based on Philipus M. Hadjon's theory, they encompass two dimensions: preventive protection, realized through the mandatory appointment of a Preliminary Examination Judge, the guarantee of legal aid from the outset of the investigation, an absolute prohibition on torture as a non-derogable right, and a multi-layered oversight system through internal and external channels, as well as repressive protection realized through the strengthening of pretrial proceedings—whose scope of application has been significantly expanded—and mechanisms for compensation and rehabilitation, which are now regulated in a separate chapter. Collectively, these reflect a paradigm shift in Indonesia's criminal justice system toward one that genuinely upholds the protection of suspects' human rights.
Efektivitas Pembinaan Kepribadian terhadap Anak Binaan pada Lembaga Pemasyarakatan Kelas II Maros Rakhmat Alfian Abdillah; Sunardi Purwanda; Rafika Nur; Muhammad Darwis; Phireri Phireri
Jurnal Restorative Justice Vol. 10 No. 1 (2026): Jurnal Restorative Justice
Publisher : Universitas Musamus

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35724/jrj.v10i1.7772

Abstract

This study aims to analyze the implementation of personality development programs at the Class II Juvenile Correctional Institution of Maros while evaluating its effectiveness in rehabilitating the character of children in conflict with the law, ensuring their successful social reintegration without relapsing into recidivism. This empirical legal research uncovers objective field facts through structural and cultural approaches, utilizing both primary and secondary data. Data collection was scientifically conducted via direct observation and in-depth interviews, which were then analyzed descriptively and analytically using qualitative inductive reasoning. The findings indicate that while the implementation of religious programs, counseling, and character building has procedurally operated comprehensively through collaborative governance, it remains suboptimal due to the absence of a standardized national curriculum and a shortage of specifically competent correctional officers. Furthermore, the program's effectiveness has merely achieved a level of formal, pseudo-compliance. The high administrative participation rate is actually inversely proportional to the actual behavior within the housing blocks, which are still marked by indiscipline due to the strong influence of a criminal subculture among the juvenile inmates. This fundamental ineffectiveness is simultaneously driven by internal factors such as a lack of intrinsic motivation stemming from broken homes, and external factors including a monitoring gap by officers and the absence of a halfway house facility to bridge social reintegration post-release.
Co-Authors An’nissa Sukmaningrum Ardiyanti Aris Kairuddin Lilis Suryani Nafilah Amalia Phireri Phireri Rafika Nur Rakhmat Alfian Abdillah Sunardi Purwanda