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All Journal Protection: Journal Of Land And Environmental Law
Rideng , I Wayan
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Environmental Science Law, Crime, Criminology & Criminal Justice

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Criminal Liability Of Foreign National Children Within Indonesia's Juvenile Justice System Framework Marantika, I Putu Mega; Sugiartha , I Nyoman Gede; Rideng , I Wayan
Protection: Journal Of Land And Environmental Law Vol. 4 No. 2 (2026): Protection: Journal Of Land And Environmental Law. (November – February 2026)
Publisher : PT Keberlanjutan Strategis Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.38142/pjlel.v4i2.1808

Abstract

This article examines the criminal liability of foreign national children within Indonesia's juvenile justice system, focusing on legal regulation and judicial application in criminal proceedings involving children of foreign nationality. The study addresses the core issue of how Indonesian positive law applies criminal responsibility to foreign national children while ensuring equal legal protection and child-centered justice. The Research employs a normative legal method, drawing on statutory, conceptual, and case approaches, with court decisions as the primary reference for examining judicial practices. The findings reveal that Indonesian law applies the principle of territoriality consistently, allowing foreign national children to be held criminally responsible under the same legal framework as Indonesian children, while prioritizing rehabilitative measures and restorative justice principles. The analysis also demonstrates that judicial authorities emphasize child protection, proportional sanctions, and the best interests of the child in sentencing decisions involving foreign national children. These findings indicate that the juvenile justice system in Indonesia has accommodated foreign national children as legal subjects without discrimination based on nationality. The study concludes that although the existing legal framework sufficiently supports equal treatment and child protection, further institutional coordination and policy refinement are necessary to strengthen rehabilitation-oriented justice for foreign national children within the juvenile justice system
Restorative Justice Implementation In Bali Police Cybercrime Cases: Procedures, Barriers, And Digital Recovery Putera, Bagus Muhamad Salim; Nahak, Simon; Rideng , I Wayan
Protection: Journal Of Land And Environmental Law Vol. 4 No. 2 (2026): Protection: Journal Of Land And Environmental Law. (November – February 2026)
Publisher : PT Keberlanjutan Strategis Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.38142/pjlel.v4i2.1809

Abstract

This article examines how restorative justice is implemented in cybercrime cases handled by the Bali Regional Police's Cyber Directorate, with the dual aim of identifying operational barriers and formulating strengthening strategies. The analysis is anchored in concepts of criminal law and punishment, as well as the purposes of law—justice, legal certainty, and social utility—so that restorative outcomes can be assessed against principled thresholds rather than ad hoc compromise. The study employs a juridical-normative method complemented by empirical materials drawn from interviews, document analysis, and limited observation of case conferences and mediated settlements, alongside multi-year case data. The findings show uneven implementation that improves when case triage is disciplined and when a digital recovery toolkit—timely content removal, account restoration, verifiable restitution, public clarification, and guarantees of non-repetition—is applied. Key impediments include institutional formalism, technical features of cyber offending, the scarcity of specific operational guidelines, concerns about victims' rights and legal certainty, public misconceptions, and gaps in mediation and forensics capacity. The results suggest restorative justice should operate as a conditional instrument: prioritized where measurable recovery for victims is feasible and redirected to prosecution when public interest and deterrence predominate. Strengthened risk-based SOPs, targeted training, inclusive outreach, platform liaison, and victim-centered performance metrics are recommended to balance justice, certainty, and utility
Co-Authors Marantika, I Putu Mega Putera, Bagus Muhamad Salim Simon Nahak Sugiartha , I Nyoman Gede