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All Journal DIVERSI : Jurnal Hukum Jurnal Ilmu Hukum KYADIREN JURNAL PEMBANGUNAN HUKUM INDONESIA Klausula: Jurnal Hukum Tata Negara, Hukum Adminitrasi, Pidana dan Perdata Jurnal Hukum Caraka Justitia Legal Empowerment: Jurnal Pengabdian Hukum
Anwar, Iryana
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Humanities Law, Crime, Criminology & Criminal Justice Social Sciences

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Restorative Approaches to Managing Children in Conflict with the Law Prihatmini, Sapti; Azizah, Ainul; Anwar, Iryana; Suarda, I Gede Widhiana
Jurnal Ilmu Hukum Kyadiren Vol 6 No 1 (2024): Jurnal Ilmu Hukum Kyadiren
Publisher : PPPM, Sekolah Tinggi Ilmu Hukum (STIH) Biak-Papua

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.46924/jihk.v6i1.193

Abstract

This study investigates the regulation of action sanctions through a restorative approach for children in conflict with the law (ABH) within the juvenile criminal justice system in Indonesia. The objective is to analyze the alignment of these regulations with the principles of child protection and restorative justice. Utilizing a normative juridical method that incorporates statutory and conceptual approaches, the findings indicate that Article 82 of the Juvenile Criminal Justice System Law (SPPA Law) embodies a restorative justice approach, striving to balance community protection with the rehabilitation of ABH. However, the implementation is suboptimal, and many ABH continue to receive prison sentences. This suggests that the principles of the best interests of the child, the right to development, and respect for children’s views have not been adequately upheld. There is a need for further refinement of action sanctions to better align with restorative justice and address the needs of ABH.
The Urgency of Implementing the Insolvency Test in Bankruptcy Cases in Indonesia Lembang , Nisrawanty; Anwar, Iryana
Jurnal Ilmu Hukum Kyadiren Vol 6 No 2 (2025): Jurnal Ilmu Hukum Kyadiren
Publisher : PPPM, Sekolah Tinggi Ilmu Hukum (STIH) Biak-Papua

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.46924/jihk.v6i2.219

Abstract

The process of resolving bankruptcy cases in Indonesia, which only determines two simple requirements for debtors to be declared bankrupt as stipulated in the provisions of Article 2 paragraph (1) of Law No. 37 of 2004, has resulted in many cases of debtors still in a solvent state but declared bankrupt. This research focuses on the urgency of applying the insolvency test to bankruptcy cases in Indonesia, with the aim of knowing how the urgency of applying the insolvency test in Indonesia, and also knowing how judges apply the concept of the insolvency test even though the insolvency test has not been regulated in the bankruptcy provisions in Indonesia. Normative research using a conceptual approach, and a case approach results in a conclusion that the bankruptcy of a debtor who is still solvent is something that is not in accordance with the principles of bankruptcy. Therefore, it is necessary to have an insolvency test instrument to assess the solvency of the debtor. In addition, this research also found several cases where the panel of judges applied the concept of insolvency test in considering the case being handled.
The Urgency of Integrating Customary Sanctions in the National Criminal System as a Form of Restorative Justice in Biak Numfor Based on Law Number 1 of 2023 concerning the Criminal Code. anwar, iryana; Ar Rasyid, Yanuriansyah; Djamaludin, Djamaludin; Lubis, Ahmad Hisyam
KLAUSULA (Jurnal Hukum Tata Negara Adminitrasi Dan Pidana) Vol 4 No 2 (2025): KLAUSULA (Jurnal Hukum Tata Negara, Hukum Adminitrasi, Pidana Dan Perdata)
Publisher : Universitas Islam kadiri

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32503/klausula.v4i2.8114

Abstract

This research aims to analyze the legal arrangements regarding the recognition of the law that lives in society in the 2023 Criminal Code (KUHP) and examine the urgency of integrating customary sanctions in the national penal system, especially in Biak Numfor Regency, as a manifestation of restorative justice. The research method used is normative-empirical legal research, with a legislative, conceptual, and sociological approach, through literature study and analysis of customary case settlement practices in Biak Numfor. The results of the study show that normatively, Article 2 of the 2023 Criminal Code provides a clear legal basis for the recognition of living law as a source of national criminal law. Philosophically, the recognition is in line with the values of Pancasila, the theory of Volksgeist Savigny, and the principle of restorative justice that emphasizes the restoration of social relations. Meanwhile, sociologically, customary settlement practices in Biak Numfor have proven effective in creating peace, strengthening legal legitimacy, and reducing the burden of formal justice. This study emphasizes that the integration of customary sanctions into the national penal system is a strategic step towards a legal system that is humanistic, socially just, and rooted in the local values of Indonesian society.
Co-Authors Ainul Azizah Ar Rasyid, Yanuriansyah Djamaludin Djamaludin, Djamaludin Dominikus Rato I Gede Widhiana Suarda Kmur, Erikson Lembang , Nisrawanty Lubis, Ahmad Hisyam Muslim Lobubun Nurafni Prihatmini, Sapti Raharusun, Yohanis Anthon