Bambang Hartono
Program Studi Magister Hukum, Universitas Bandar Lampung

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ANALYSIS OF LEGAL PROTECTION FOR JUVENILE CLIENTS INVOLVED IN NARCOTICS OFFENSES THROUGH PSYCHOSOCIAL GUIDANCE USING CUENTO THERAPY Salma Wulandari; Bambang Hartono
Journal of Management Small and Medium Enterprises (SMEs) Vol 19 No 1 - May (2026): JOURNAL OF MANAGEMENT (Special Issue) - Correctional System Management
Publisher : Universitas Nusa Cendana

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This study examines legal protection for children involved in narcotics offenses at the Class I Bandar Lampung Probation Office, emphasizing not only legal assistance but also psychosocial support as part of child development. The research focuses on analyzing the factors that lead children to engage in narcotics offenses and evaluating the implementation of psychosocial guidance using cuento therapy as a preventive and rehabilitative approach. Using a qualitative descriptive method, data were collected through in-depth interviews, observation, and document analysis. The study is grounded in the legal protection theory of Philipus M. Hadjon and psychosocial counseling theory. The findings reveal that cuento therapy is an effective tool for both preventive and repressive legal protection. Through narrative-based interventions, children are encouraged to reflect on their actions, develop self-control, reduce psychological distress, and internalize moral values in a non-intimidating manner. This approach supports mental recovery, lowers the risk of reoffending, and facilitates smoother social reintegration. However, several challenges remain, including limited time for counseling sessions, difficulties in monitoring due to children’s school activities, and geographical barriers between clients’ homes and the probation office. In conclusion, integrating psychosocial guidance with legal protection provides a more holistic and child-centered approach within the juvenile justice system. This model prioritizes the best interests of the child while supporting rehabilitation and long-term behavioral change. Keywords: Legal Protection; Juvenile Narcotics Offenders; Psychosocial Guidance;Cuento Therapy; Probation Office
JUDICIAL REASONING IN THE USE OF ON-SITE INSPECTION (DESCENTE) TO DETERMINE CHILD CUSTODY Affi Nurul Laily; Bambang Hartono
Journal of Management Small and Medium Enterprises (SMEs) Vol 19 No 1 - May (2026): JOURNAL OF MANAGEMENT (Special Issue) - Correctional System Management
Publisher : Universitas Nusa Cendana

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This study examines the use of local inspection (descente) by judges in child custody disputes at the Religious Court, particularly in Decision Number 677/Pdt.G/2024/PA.Tgm. The research focuses on the legal reasoning behind conducting a direct inspection of a child’s living environment and how the results contribute to judicial evidence in ensuring the best interests of the child. Normatively, the authority of the Religious Court in custody cases is regulated under Law Number 1 of 1974 concerning Marriage and the Compilation of Islamic Law, as well as Law Number 7 of 1989 concerning Religious Courts and its amendments. Local inspection (descente) itself is governed by procedural rules such as Article 180 RBg/153 HIR and Supreme Court Circular (SEMA) No. 7 of 2001, primarily aimed at uncovering material truth. Using an empirical legal method with a qualitative approach, data were collected through document analysis and in-depth interviews with judges and related parties. The findings reveal that although descente is traditionally applied to physical objects, its extension to observing a child’s condition and environment is a progressive judicial practice. Through this process, judges are able to obtain objective and direct insights into the child’s living situation—information that cannot be fully captured through documents or witness testimony alone. From a legal standpoint, the results of the local inspection hold free evidentiary value (vrij bewijskracht), which may develop into judicial presumption and strengthen the judge’s conviction in making decisions. In conclusion, local inspection (descente) plays a vital role in safeguarding children’s rights by ensuring decisions are based on comprehensive and factual considerations. However, more specific technical regulations are needed to standardize its implementation and enhance legal certainty in future custody cases. Keywords: Child Custody; Local Inspection (Descente); Best Interest of the Child
JUDICIAL CONSIDERATIONS ON THE PROTECTION OF WIVES’ AND CHILDREN’S RIGHTS IN ISLAMIC FAMILY LAW AFTER DIVORCE Engkos Saeful Kholiq; Bambang Hartono
Journal of Management Small and Medium Enterprises (SMEs) Vol 19 No 1 - May (2026): JOURNAL OF MANAGEMENT (Special Issue) - Correctional System Management
Publisher : Universitas Nusa Cendana

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Abstract

Divorce in Islamic family law not only terminates the marital relationship but also gives rise to legal consequences concerning the fulfillment of the rights of wives and children after divorce. Therefore, judicial considerations play a strategic role in realizing justice, legal certainty, and legal utility. This thesis aims to analyze judges’ considerations in providing protection for the rights of wives and children after divorce in Decision Number 1127/Pdt.G/2024/PA.Tgm by using the perspectives of justice theory and maqāṣid al-sharīʿah. This research employs a normative juridical method with a case study approach supported by empirical data obtained through interviews and documentation. The data sources consist of primary, secondary, and tertiary legal materials collected through library research and field research, which are then analyzed using descriptive qualitative methods. The results show that the judges’ considerations in the decision are not only based on positive legal provisions such as Law Number 1 of 1974 on Marriage and the Compilation of Islamic Law, but also reflect the principles of distributive justice in the proportional distribution of the rights of wives and children, as well as corrective justice in restoring losses arising from the dissolution of marriage. From the perspective of maqāṣid al-sharīʿah, the protection of rights to maintenance, ḥaḍānah, mutʿah, and child care is directed toward safeguarding religion (ḥifẓ al-dīn), life (ḥifẓ al-nafs), lineage (ḥifẓ al-nasl), and property (ḥifẓ al-māl). The implementation of the decision still encounters obstacles in terms of evidentiary issues, the compliance of the parties, and the effectiveness of enforcement. Therefore, it is necessary to optimize the role of judges in exploring substantive justice and the objectives of Islamic law so that the protection of the rights of wives and children after divorce can be effectively realized in the practice of the Religious Courts. Keywords: Judicial Considerations; Distributive and Corrective Justice; Maqāṣid Al Sharīʿah; Rights of Wives and Children; Islamic Family Law