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All Journal Jurnal Hukum Khaira Ummah Jurnal Daulat Hukum
Resa Ayuning Maharanti
UNISSULA
Religion Law, Crime, Criminology & Criminal Justice Social Sciences

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Optimizing Criminal Sanctions Against Children as Murder Perpetrators from the Perspective of Modern Punishment Objectives Resa Ayuning Maharanti; Jawade Hafidz
Jurnal Hukum Khaira Ummah Vol 20, No 4 (2025): December 2025
Publisher : UNISSULA Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/jhku.v20i4.51058

Abstract

Abstract. This research examines the effectiveness and optimization of criminal sanctions imposed on children who commit murder, using the framework of modern sentencing theory and Indonesia’s juvenile criminal justice system. The study adopts a normative juridical approach combined with judicial analysis of Court Decisions 12/Pid.Sus-Anak/2020/PN Jkt.Pst and 7/Pid.Sus-Anak/2025/PN Kka. The findings reveal that although the Juvenile Justice System Act emphasizes rehabilitation and the best interests of the child, the practical implementation remains less effective due to persistent punitive tendencies, limited rehabilitative facilities, and the absence of specific sentencing guidelines for juvenile offenders in serious crimes. Variations in judicial reasoning between the two decisions also indicate disparities, particularly in assessing psychological conditions, social background, culpability levels, and sentencing objectives. This study proposes an integrative model for optimizing juvenile sentencing through individualized assessments, enhanced institutional capacity of juvenile correctional facilities, harmonized sentencing guidelines, and strengthened restorative justice values. Such an approach ensures that sentencing aligns with the rehabilitative and preventive aims of modern penology while still upholding societal justice.
The Law No. 20 of 2023: Reform or Retreat? A Critical Analysis of Its Impact on The State Civil Apparatus (ASN) Personnel System in Indonesia Jawade Hafidz; Agus Prasetia Wiranto; Resa Ayuning Maharanti
Jurnal Daulat Hukum Vol 8, No 4 (2025): December 2025
Publisher : Magister of Law, Faculty of Law, Universitas Islam Sultan Agung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/jdh.v8i4.50770

Abstract

The enactment of Law No. 20 of 2023 concerning the State Civil Apparatus (ASN Law) marks a significant normative reconstruction in the governance of state civil servants in Indonesia. This law explicitly affirms the principles of meritocracy, professionalism, and bureaucratic modernization through digitalization and the structuring of the status of Civil Servants (PNS) and Government Employees with Work Agreements (PPPK). However, behind the rhetoric of reform, the ASN Law also contains problematic constitutional and administrative implications, particularly regarding central-regional relations, the legal status of PPPK, and the effectiveness of the merit system in stemming the politicization of the bureaucracy. This study uses a normative legal research method with a statutory and conceptual approach to analyze the consistency of the ASN Law with the principles of regional autonomy, equality before the law, and neutrality of state apparatus. The study results show that the ASN Law tends to reinforce the centralization of ASN management authority, creating formal but not substantive equality between PNS and PPPK, and placing the merit system in a vulnerable position to political co-optation due to the weak design of independent oversight. Thus, the ASN Law has the potential to give rise to what can be called functional unconstitutionality, namely a condition where legal norms appear to be textually aligned with the 1945 Constitution, but functionally weaken the constitutional principles they are intended to protect.
Co-Authors Agus Prasetia Wiranto Jawade Hafidz Jawade Hafidz