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The Effectiveness of Restorative Justice in Resolving Juvenile Criminal Cases: An Examination of Legal and Social Perspectives Karina, Ica
Jurnal Smart Hukum (JSH) Vol. 3 No. 1 (2024): June-September
Publisher : Inovasi Pratama Internasional. Ltd

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55299/jsh.v3i1.1083

Abstract

The objective of this research is to examine and address issues pertaining to the enforcement of the law in instances of violent criminal activity perpetrated by students of legal age who are enrolled in educational institutions. External factors, including association, education, and social environment, exert a significant influence on children's criminal behavior, which frequently originates from the tendency to emulate negative behaviors and the lack of adequate parental supervision. This research employs a normative legal approach to elucidate the nature of the penalties imposed upon minors who perpetrate criminal acts, as delineated in the Juvenile Criminal Justice System No. 11/2012. The findings indicate that to avert criminal conduct by minors, it is imperative to implement sustainable development initiatives that bolster the survival, physical, mental, and social advancement of children, while safeguarding them from threats that could jeopardize their future and the nation. The juvenile criminal justice system incorporates community involvement throughout the entirety of the case process. Crimes occurring within the community are shaped by the prevailing social conditions, along with individual factors pertaining to the perpetrators and victims. At the conclusion of each case, the community is tasked with facilitating the reintegration of offenders and victims back into the social milieu. This is achieved through either the establishment of new informal institutions or the reinforcement of existing formal ones.
Analysis of the Role of Law in Environmental Dispute Resolution: A Case Study in Urban Areas Karina, Ica; Polii, Johanis L. S. S.; Putra, Irman; Lubis, Arief Fahmi; Miharja, Marjan
Jurnal Smart Hukum (JSH) Vol. 3 No. 2 (2025): October-January
Publisher : Inovasi Pratama Internasional. Ltd

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55299/jsh.v3i2.1117

Abstract

The objective of this research project is to conduct an in-depth examination of the role of law in environmental dispute resolution within the context of urban Yogyakarta. By employing a qualitative methodology, this study examines the factors affecting the implementation of environmental legislation and the efficacy of legal instruments in addressing disputes. This study seeks to elucidate the role of law in environmental dispute resolution in Yogyakarta, examine the obstacles and impediments encountered in the implementation of environmental law, and analyse the efficaciousness of the existing dispute resolution mechanisms. To this end, it employs qualitative methods, with a particular focus on primary data obtained through observation, interviews, and documentation. The findings demonstrate that, despite an adequate legal framework, the efficacy of environmental dispute resolution is constrained by challenges inherent in law enforcement, public awareness, and economic considerations.
Development Law in the Context of Legal Theory and Philosophy: Challenges and Opportunities Toward Social Justice Karina, Ica
Jurnal Smart Hukum (JSH) Vol. 3 No. 2 (2025): October-January
Publisher : Inovasi Pratama Internasional. Ltd

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55299/jsh.v3i2.1152

Abstract

This research project is an in-depth analysis of legal theory and philosophy in the context of the concept of development law. An understanding of how law functions as an instrument of social justice is crucial to this analysis. This research employs the literature study method to collect, distill, and interpret a range of academic sources pertaining to development law, social justice theory, and philosophical approaches that inform our understanding of justice in development. From a theoretical standpoint, this study draws upon relevant theories that emphasize equality of opportunity and resource distribution as a prerequisite for social justice. These theories are useful in emphasizing the importance of legislation that is capable of guaranteeing equal access and fair distribution. Furthermore, progressive legal theory and responsive legal thinking are investigated to ascertain how development law can serve as a dynamic instrument of change in alignment with social, cultural, and economic transformations. The findings of this research are anticipated to offer insight into how development law is not merely a collection of regulations but also an active instrument in fostering a more just and inclusive society. By incorporating aspects of social justice into development law, the prospect of realizing sustainable and balanced development is enhanced.
Implications of Digital Technology for Criminal Law Enforcement: Challenges and Opportunities in the Age of Digitalization Karina, Ica; Gultom, Maidin; Saida Flora, Henny; Sidabalok, Janus; Butarbutar, Elisabeth Nurhaini
UNES Law Review Vol. 6 No. 4 (2024)
Publisher : Universitas Ekasakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31933/unesrev.v6i4.1946

Abstract

This research aims to investigate the impact of technology and innovation on justice in law enforcement in the digital age. In the ever-evolving digital age, technological developments such as big data analytics, artificial intelligence, and digital forensics have transformed the landscape of law enforcement operations. This research outlines the positive and negative impacts of such technologies on justice in the legal system. The findings of the literature review indicate that the utilisation of technology in law enforcement has the potential to enhance the efficiency of investigations, evidence analysis, and detainee monitoring. However, there are also concerns related to the protection of privacy and the security of data that warrant consideration. Moreover, the unequal access to technology and data can pose a threat to the principles of justice. This research will enable the relevant stakeholders in law enforcement and public policy to comprehend the implications of technology and innovation for justice. Furthermore, it provides a foundation for future researchers to conduct more in-depth empirical research on these issues.
Preventive Legal Education as a Strategy for Empowering Women Victims of Domestic Violence (KDRT) in Accessing Legal and Psychological Services Karina, Ica; Wibowo Gumbira, Seno; Ginting, Grenaldo; Umar, Nurifana; Pratiwi Puwa, Suryani Intan
Jurnal Smart Hukum (JSH) Vol. 4 No. 2 (2026): October-January
Publisher : Inovasi Pratama Internasional. Ltd

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55299/jsh.v4i2.1707

Abstract

This article examines preventive legal education as a strategic mechanism for empowering women victims of domestic violence (Kekerasan Dalam Rumah Tangga/KDRT) in Indonesia, specifically focusing on their access to integrated legal and psychological services. Using qualitative phenomenological methodology through in-depth interviews and thematic analysis, this study explores how targeted legal awareness programs strengthen victim agency in navigating justice systems and psychological support mechanisms. The research involved interviews with 18 participants comprising female KDRT victims, legal aid providers, psychological counselors, and community advocates across three Indonesian provinces. Findings reveal that comprehensive legal education programs significantly enhance victim empowerment by demystifying legal processes, clarifying rights under Law Number 23 of 2004, and facilitating timely access to protective services. The implementation of preventive legal education demonstrates capacity to transform victim consciousness, shifting perspectives from self-blame to recognition of legal rights and entitlements. Participants reported increased willingness to report incidents after legal awareness interventions, with 72.2% of victims subsequently accessing formal legal assistance compared to 22.8% prior to education programs. The study identifies critical success factors including integration of psychological support with legal education, community-based delivery mechanisms, and trauma-informed facilitation approaches. However, significant barriers persist, including cultural stigma, limited accessibility in rural areas, and insufficient institutional capacity. This research contributes to evidence-based advocacy for mainstreaming preventive legal education within comprehensive victim support ecosystems in Indonesia, proposing a holistic empowerment model combining legal literacy, psychological recovery, and community mobilization to achieve sustainable gender justice.
Criminal Liability of Bank Officials in Fictitious Loan Cases: A Study of Court Decisions Samosir, Parulian; Karina, Ica
PALAR (Pakuan Law review) Vol 11, No 4 (2025): Volume 11, Number 4 October-Desember 2025
Publisher : UNIVERSITAS PAKUAN

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33751/palar.v11i4.13127

Abstract

Fictitious credit cases are a form of banking crime that often involves bank officials who have authority in the credit analysis, approval, and disbursement process. This research aims to analyse the form of criminal liability for bank officials in fictitious credit cases and to assess the basis for the judge's considerations in determining the guilt, role, and criminal sanctions against the perpetrators. The research method used is normative legal research with a case study approach through the analysis of several court decisions related to the criminal act of fictitious credit. The research findings indicate that bank officials can be held criminally liable based on proof of abuse of authority, gross negligence, or active involvement in the creation of credit documents and data that do not comply with internal bank regulations or legislation. The judge's considerations generally focus on the element of intent, position held, and the impact of the losses on the bank's and customers' finances. This research underscores the importance of strengthening internal oversight mechanisms, enhancing the integrity of bank officials, and updating banking regulations to prevent the recurrence of similar crimes.