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All Journal Wacana, Jurnal Sosial dan Humaniora Brawijaya Law Journal : Journal of Legal Studies Jurnal IUS (Kajian Hukum dan Keadilan) Sriwijaya Law Review Unram Law Review Constitutional Review Jurnal Ius Constituendum Sociological Jurisprudence Journal Jurnal Agregasi Budapest International Research and Critics Institute-Journal (BIRCI-Journal): Humanities and Social Sciences YURISDIKSI : Jurnal Wacana Hukum dan Sains International Journal of Educational Review, Law And Social Sciences (IJERLAS) International Journal of Humanities Education and Social Sciences
I NYOMAN NURJAYA
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Religion Arts Humanities Decision Sciences, Operations Research & Management Economics, Econometrics & Finance Environmental Science Health Professions Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Library & Information Science Social Sciences Other

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RESTITUTION FOR CHILD VICTIMS OF CRIME IN ACCORDANCE WITH THE PRINCIPLES OF PROPORTIONALITY AND THE BEST INTERESTS OF THE CHILD Yona, Ashifa; Nurini Aprilianda; I Nyoman Nurjaya
International Journal of Educational Review, Law And Social Sciences (IJERLAS) Vol. 5 No. 3 (2025): May
Publisher : RADJA PUBLIKA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.54443/ijerlas.v5i3.2956

Abstract

Children, as a vulnerable group, are frequently victims of crimes that may result in serious physical, psychological, and social impacts. One recognized recovery mechanism in Indonesian law is restitution. However, its implementation has not met ideal expectations. Using a socio-legal approach, this study aims to analyze the effectiveness of restitution for child victims, emphasizing the importance of the principles of proportionality and restorative justice. Two case studies reveal inconsistencies for example, a child involved in petty theft was sentenced to prison without adequate rehabilitative measures, while a victim of sexual violence received no restitution despite the perpetrator receiving a severe sentence. These findings reflect the reality that restitution remains a marginalized component of victim recovery, both structurally and normatively. Therefore, reforms in the juvenile criminal justice system are urgently needed, including simplifying procedures, strengthening relevant institutions, and establishing a compensation fund for victims. All these efforts aim to ensure that restitution is proportional, just, and genuinely aligned with the best interests of the child.
The Baduy Tribe's Political Participation in Indonesia's Democratic Framework I Nyoman Nurjaya; Navisa, Fitria Dewi; La Ode Machdani Afala
Brawijaya Law Journal Vol. 12 No. 1 (2025): Protecting People Crossing Border in The Context of International Migration La
Publisher : Faculty of Law, Universitas Brawijaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21776/ub.blj.2025.012.01.07

Abstract

This research investigates the phenomenon of political participation among the tribal community of the Baduy Tribe within the context of general elections (Pemilu) in Lebak Regency, Banten, Indonesia. An in-depth understanding of the political dynamics of the Baduy Tribe is urgently needed to ensure their democratic rights and promote greater involvement in the national political process. This study identifies structural and cultural barriers hindering Baduy's political engagement and proposes practical strategies to overcome these obstacles. The findings are expected to provide valuable insights for policymakers and stakeholders in efforts to strengthen the political representation of the Baduy Tribe. This research employs an empirical approach combining legal and political analysis. Data collection techniques involve in-depth interviews with members of the Baduy tribal community and traditional leaders (pu’un), participatory observation, and analysis of policy-related documents and regulations. The research findings indicate that dynamics between traditional customs, local economy, and national politics influence the political participation of the Baduy community. Despite their high commitment to the democratic process, they face constraints such as administrative requirements and incongruence between customary and formal rules. In conclusion, recognizing their local identity, protecting political rights, and meeting the needs of public services are the primary focus of enhancing inclusive political participation for the Baduy community.
BASIS FOR THE JUDGE'S CONSIDERATIONS REGARDING THE REPORT CORRECTION CENTER FOR CHILDREN OF DRUG ABUSE (CASE STUDY IN GRESIK DISTRICT COURT) Roytomi Isabilton; Milda Istiqomah; I Nyoman Nurjaya
International Journal of Educational Review, Law And Social Sciences (IJERLAS) Vol. 5 No. 4 (2025): July
Publisher : RADJA PUBLIKA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.54443/ijerlas.v5i4.3144

Abstract

Drug cases are currently difficult to stop, this is due to the illicit trafficking of narcotics which until now has not been resolved completely. This has an impact on children who abuse narcotics because currently drug abuse is not only targeting adults but also children. Based on this, appropriate efforts and steps are needed to handle children as drug abusers so that they get protection and the best interests of children can be realized. Therefore, the discussion of this study is how the influence of the correctional center report on the basis of judges' considerations for children who abuse narcotics and how the legal regulations will be in the future regarding the provision of correctional center recommendations for children who abuse narcotics for the best interests of children. This study is a normative study with a legislative, conceptual approach and emphasis on elements, norms, rules, principles, theories and legal rules in dealing with legal problems such as legal vacuum, norm conflict or norm ambiguity.
REFORMULATION OF GREEN VICTIMOLOGY ARRANGEMENTS IN THE LAW OF ENVIRONMENTAL PROTECTION AND MANAGEMENT THAT BETTER GUARANTEES LEGAL PROTECTION FOR THE ENVIRONMENT Ummu Salamah; Prija Djatmika; I Nyoman Nurjaya
International Journal of Educational Review, Law And Social Sciences (IJERLAS) Vol. 5 No. 4 (2025): July
Publisher : RADJA PUBLIKA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.54443/ijerlas.v5i4.3763

Abstract

This research is motivated by Law Number 32 of 2009 on Environmental Protection and Management, which, in fact, remains limited accommodating the concept of green victimology in the regulation and handling of environmental crimes. Given the prevalence of environmental crimes whose perpetrators are not punished proportionately to the human and non-human losses caused, it is important to question the legal implications of applying the concept of green victimology to the legal protection of environmental victims in the Environmental Protection and Management Law and the regulation of green victimology in the Environmental Protection and Management Law that Better Ensures Legal Protection for the Environment. The type of research used by the author is normative legal research with an explanatory nature. Legal materials for analysis were obtained from primary legal sources in the form of criminal and environmental laws, as well as secondary legal materials from literature on environmental crime and green victimology. The research was conducted through literature review, using a legal and comparative approach, and analyzed qualitatively. The legal implications of applying green victimology in the Environmental Protection and Management Law (UUPPLH) encourage reforms in the definition of victims, the right to sue, recovery mechanisms, as well as sanctions and law enforcement that are more comprehensive and ecological justice. the regulation of Green victimology in the UUPPLH to ensure legal protection for the environment can begin with the reconstruction/reformulation of the UUPPLH by expanding the definition of victims to include the environment as a victim with the right to protection and selected as a subject of environmental law enforcement, up to expanding the definition of victims by including the environment as a victim with the right to protection and selected as a subject of environmental law enforcement.
ENHANCEMENT OF GUIDELINES FOR ADJUDICATING CRIMINAL CASES THROUGH RESTORATIVE JUSTICE IN COURT INSTITUTION Dedi Putra; I Nyoman Nurjaya
International Journal of Educational Review, Law And Social Sciences (IJERLAS) Vol. 5 No. 3 (2025): May
Publisher : RADJA PUBLIKA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.54443/ijerlas.v5i3.2918

Abstract

This research aims to analyze guidelines for adjudicating criminal cases through restorative justice in offenses affecting victims, the categorization of drug offenses suitable for restorative justice adjudication, and verdict forms not yet covered in Supreme Court Regulation Number 1 of 2024 concerning Guidelines for Adjudicating Criminal Cases Based on Restorative Justice. This research employs normative legal analysis through conceptual, legislative, and case methodologies. The analysis concludes that the rule has not established criteria for adjudicating narcotics offenses. The principle of restorative justice pertains not just to crimes with discernible victims but also to victimless acts, such as drug-related crimes. Individuals impacted by substance abuse are entitled to medical and social rehabilitation, which may reinstate their autonomy from narcotics, in alignment with the ideals of restorative justice. The author also suggests including several types of verdicts, such as imposing penalties, mandating restitution to parents, granting exemptions from punishment, absolving individuals of all legal rights, and enforcing compliance with peace accords. The diversity of verdicts assists judges in selecting the appropriate form when administering a sentence to the defendant within the context of restorative justice.
THE VAGUENESS OF THE NORM OF ENTRAPMENT IN DRUG OFFENSES BY LAW ENFORCEMENT OFFICERS IN THE FUTURE Annisa Azzahra Burhan; I Nyoman Nurjaya; Fachrizal Afandi
International Journal of Educational Review, Law And Social Sciences (IJERLAS) Vol. 5 No. 3 (2025): May
Publisher : RADJA PUBLIKA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.54443/ijerlas.v5i3.2988

Abstract

Undercover buying and controlled delivery are investigative techniques regulated by Law Number 35 of 2009 concerning Narcotics. This provision does not regulate the limitations for investigators when carrying out this technique. In practice, this technique does not work effectively, resulting in the failure of the investigation. So this study discusses how the application of Undercover buying and controlled delivery current supervision and how the formulation of criminal law policies in dealing with cases of entrapment of narcotics crimes committed by law enforcement officers in the future. This study uses normative research. The research results show that First, there is a need for renewal of covert buying techniques and supervised delivery. This is because there are 3 (three) legal problems in its implementation, namely there are still informants who are involved in narcotics trafficking, closed access to public information regarding covert purchasing techniques and delivery under supervision by the National Narcotics Agency and the potential for fabrication of cases. Therefore, in the future it is necessary to have the right formulation to overcome this by implementing regulations and legal standards for investigating narcotics crimes.
Criminal Mediation in the Settlement of Unlicensed Small-Scale Mining Crimes in the Jurisdiction of the East Java Regional Police Qoirul Khitam Bastomi; I Nyoman Nurjaya; Istislam Istislam
Jurnal Ius Constituendum Vol. 10 No. 3 (2025): OCTOBER
Publisher : Magister Hukum Universitas Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26623/jic.v10i3.12276

Abstract

This study aims to analyze the effectiveness of the penal mediation approach in resolving illegal mining crimes (PETI) in the jurisdiction of the East Java Regional Police, which has been dominated by a repressive approach and has caused complex social, economic, and ecological problems. The repressive approach has failed to address the root causes of the problem, and PETI is often carried out by economically vulnerable groups due to an inclusive bureaucracy. The research method employed is a sociological-legal approach, combining normative analysis of legal regulations (das sollen) with empirical studies of law enforcement practices in the field (das sein). The research findings indicate that criminal mediation has gained legal legitimacy through various regulations, including the 2023 National Criminal Code, Police Regulation No. 8 of 2021, and Regulation No. 15 of 2020. In East Java, 393 PETI cases were resolved using this approach during 2023–2024, preventing 1,650 offenders from conventional litigation and saving law enforcement budgets. This approach reflects the renewal of Indonesian criminal law, which not only punishes but also restores and empowers. This study provides empirical evidence on the application of panel mediation in environmental criminal cases, an area rarely explored in previous research.
Legal Certainty in the Granting of Land Rights to Indigenous Law Communities in Coastal Areas Rizky Alif Akbar; I Nyoman Nurjaya; Mohammad Hamidi Masykur
YURISDIKSI : Jurnal Wacana Hukum dan Sains Vol. 21 No. 2 (2025): September in progress
Publisher : Faculty of Law, Merdeka University Surabaya, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55173/yurisdiksi.v21i2.311

Abstract

The Indonesian Constitution, through Article 18B paragraph (2), Article 28I paragraph (3), and Article 33 paragraph (3) of the 1945 Constitution of the Republic of Indonesia, expressly mandates the recognition and respect of indigenous legal communities (MHA) and their traditional rights, and places natural resources under the control of the state for the greatest prosperity of the people. However, current positive legal practices show inconsistencies, particularly in the provisions of Article 22 of the Coastal Areas and Small Islands Law, which has been amended through the Job Creation Law with Article 138 paragraph (4) of Government Regulation Number 21 of 2021. This inconsistency has an impact on legal uncertainty in MHA management areas, the potential for criminalization of coastal indigenous communities, conflicts of authority between ministries, and the neglect of the principle of legal pluralism guaranteed by the constitution. This research uses a normative juridical method with a statutory and conceptual regulatory approach, supported by primary, secondary, and tertiary legal materials that are analyzed prescriptively through systematic and teleological interpretation. The research findings indicate that an ideal formulation of ius constituendum is needed through a paradigm shift in natural resource management from state-based to community-based, automatic recognition of indigenous peoples' (MHA) management areas, legal certainty in the RTRW (Regional Spatial Plan), preventive and repressive legal protection, and the establishment of customary territory management institutions. These regulations are crucial for realizing a national legal system that guarantees legal certainty, substantive justice, social benefits, and the sustainability of coastal ecosystems.
Co-Authors Annisa Azzahra Burhan Dedi Putra Dody Heryanto Edi Susilo Fachrizal Afandi Fifik Wiryani Fitria Dewi Navisa Hanif Nur Widhiyanti Henny Yuningsih Herman Suryokumoro Istislam Istislam La Ode Machdani Afala Mardian Wibowo Masruchin Ruba’I Milda Istiqomah Mohammad Hamidi Masykur Muchammad Ali Safaat Nova Winantika Rindang Kirana Nurini Aprilianda Prija Djatmika Priya Djatmika Qoirul Khitam Bastomi Rizky Alif Akbar Roytomi Isabilton Toni Kasmiri Ummu Salamah Warkum Soemitro Wicaksono, Yudi Krisno Yona, Ashifa