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All Journal Awang Long Law Review
Enny Agustina
Faculty Of Law, University of Pertiba, Pangkalpinang, Indonesia

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DISHARMONY IN THE REGULATION OF CRIMINAL RESPONSIBILITY FOR CHILDREN AS NARCOTICS COURIERS FROM THE PERSPECTIVE OF THE NARKOTICS LAW AND THE JUVENILE CRIMINAL JUSTICE SYSTEM Muhammad Julian; Muhamad Adystia Sunggara; Enny Agustina
Awang Long Law Review Vol. 9 No. 1 (2026): Awang Long Law Review
Publisher : Sekolah Tinggi Ilmu Hukum Awang Long

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56301/awl.v9i1.2249

Abstract

The involvement of minors in narcotics-related crimes demonstrates a legal paradox within Indonesia’s criminal justice system. Children are no longer merely victims of drug abuse but have increasingly been exploited as couriers by organized crime networks. When apprehended, law enforcement agencies tend to apply Law Number 35 of 2009 on Narcotics (Narcotics Law), which adopts a punitive approach without considering the child’s position as a victim of exploitation. This divergence in legal orientation has created normative disharmony, resulting in legal uncertainty and the criminalization of minors. This study aims to analyze the forms of disharmony between these two laws and examine their implications for child protection within Indonesia’s criminal justice framework. The research employs a normative juridical method through statutory, conceptual, and case approaches, drawing on court decisions involving child narcotics couriers. The findings reveal fundamental inconsistencies in legal principles, objectives, and sentencing provisions between the two statutes. The study concludes that legal harmonization is urgently needed through the revision of the Narcotics Law, the implementation of a double-track system, and the issuance of judicial guidelines to ensure both legal certainty and the protection of children exploited in drug trafficking.
THE EFFECTIVENESS OF MINISTER OF HOME AFFAIRS REGULATION NUMBER 73 OF 2022 CONCERNING NAME REGISTRATION IN BIRTH CERTIFICATE ADMINISTRATION Navratilova; Abdul Rasyid Saliman; Enny Agustina
Awang Long Law Review Vol. 9 No. 1 (2026): Awang Long Law Review
Publisher : Sekolah Tinggi Ilmu Hukum Awang Long

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56301/awl.v9i1.2288

Abstract

Birth certificates play a fundamental role in population administration as they serve as legal proof of identity and official recognition of every citizen before the law. Through Minister of Home Affairs Regulation Number 73 of 2022 concerning Name Registration on Birth Certificates, the Government of Indonesia regulates the use of names deemed inconsistent with the norms of decency, morality, and public order. Although the regulation is intended to safeguard the best interests of the child, its implementation continues to generate debate regarding legal certainty and the protection of constitutional rights. This study aims to examine the effectiveness of the implementation of Minister of Home Affairs Regulation Number 73 of 2022 in ensuring legal certainty and to assess its conformity with constitutional law principles. The research employs a normative juridical method using both statutory and conceptual approaches. The data were collected from the 1945 Constitution of the Republic of Indonesia, relevant legislation, Minister of Home Affairs Regulation Number 73 of 2022, scholarly literature, and judicial decisions. The findings indicate that the implementation of the regulation has not yet been optimal due to the absence of clear and measurable standards for determining names that are considered contrary to prevailing norms. This situation has resulted in inconsistent application across different regions and has consequently created legal uncertainty. Furthermore, the regulation of restrictions on fundamental rights through a ministerial regulation may be inconsistent with the principle of legality and the provisions of Article 28J of the 1945 Constitution. Therefore, regulatory refinement, the establishment of more objective criteria, and strengthened oversight mechanisms are necessary to ensure a balanced protection of children's interests and human rights.