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All Journal DE JURE Jurnal Dinamika Hukum Brawijaya Law Journal : Journal of Legal Studies Arena Hukum Jurnal Media Hukum Rechtsidee Jurnal Cakrawala Hukum Jurnal Hukum IUS QUIA IUSTUM PADJADJARAN Jurnal Ilmu Hukum (Journal of Law) Pembaharuan Hukum Jurnal Ilmiah Pendidikan Pancasila dan Kewarganegaraan Unram Law Review INDONESIAN JOURNAL OF CRIMINAL LAW STUDIES Jurnal Penelitian Hukum De Jure Jurnal Ilmiah Hukum LEGALITY SAMARAH: Jurnal Hukum Keluarga dan Hukum Islam Varia Justicia Jambura Law Review Nurani Hukum : Jurnal Ilmu Hukum Syntax Idea ADIL : Jurnal Hukum JURNAL USM LAW REVIEW Journal of Social Science Budapest International Research and Critics Institute-Journal (BIRCI-Journal): Humanities and Social Sciences Risalah Hukum NOMOI Law Review Jurnal Penegakan Hukum dan Keadilan Indonesian Journal of Law and Society International Journal of Environmental, Sustainability, and Social Science International Journal of Business, Law, and Education YURISDIKSI : Jurnal Wacana Hukum dan Sains International Journal of Educational Review, Law And Social Sciences (IJERLAS) NEGREI: Academic Journal of Law and Governance Audito Comparative Law Journal (ACLJ) Journal of Asian Social Sciences Research International Journal of Science and Society (IJSOC) Jurnal Multidisiplin Madani (MUDIMA) International Journal of Humanities Education and Social Sciences International Journal of Islamic Education, Research and Multiculturalism (IJIERM) Jurnal Hukum dan Peradilan Indonesia Law Reform Journal (ILREJ) Jurnal Magister Hukum Perspektif Journal of Social Science Mahadi : Indonesia Journal of Law RechtIdee Jurnal Hukum dan Pembangunan SASI Asian Journal of Management, Entrepreneurship and Social Science Journal of International Islamic Law, Human Right and Public Policy Jurnal Dinamika Hukum Indonesian Journal of Criminal Law Studies
Nurini Aprilianda
Universitas Brawijaya
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The Authority of Judges in The Application of Restorative Justice for Children in Indonesia Dewi, Riska Ameliana; Aprilianda, Nurini; Mulyono, Bambang Hery; Priadi, Randy Hilman
Jurnal Hukum dan Peradilan Vol 14 No 2 (2025)
Publisher : Pusat Strategi Kebijakan Hukum dan Peradilan Mahkamah Agung RI

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25216/jhp.14.2.2025.401-424

Abstract

This study aims to analyze the authority of judges in applying the principle of restorative justice in cases involving children in conflict with the law and the obstacles to its implementation. The research approach uses a normative legal method with a legislative, conceptual, and case approach. Secondary data were collected through a review of six main laws, eight court decisions, and twenty-five related academic sources, then analyzed qualitatively using deductive reasoning. The results show that the authority of judges in applying restorative justice is based on the value of substantive justice as stipulated in Supreme Court Regulation Number 1 of 2024. However, its implementation is still hampered by regulatory inconsistencies between law enforcement agencies, a low level of understanding among officials and the public, and the absence of uniform technical guidelines. This study emphasizes the need for regulatory synchronization and capacity building among officials to ensure the effective and fair implementation of restorative justice oriented towards the best interests of children in Indonesia.
INCONSISTENCIES IN THE APPLICATION OF ARTICLE 71 PARAGRAPH (3) OF THE JUVENILE JUSTICE SYSTEM ACT IN CRIMINAL VERDICTS AGAINST CHILDREN: A NORMATIVE REVIEW OF THE KALABAHI, ATAMBUA, AND AMBON DECISIONS Anindita, Raras Natasya; Aprilianda, Nurini; Istiqomah, Milda
NOMOI Law Review Vol 6, No 2 (2025): November Edition
Publisher : NOMOI Law Review

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30596/nomoi.v6i2.25580

Abstract

This study examines the implementation of Article 71 paragraph (3) of Law No. 11 of 2012 concerning the Juvenile Justice System (UU SPPA), which regulates the replacement of criminal fines with work training in cases involving juvenile offenders. This provision aims to ensure fairer protection for children through a corrective, recovery oriented approach. The research employs a normative legal method, combining statutory and case based approaches, and analyzes three first instance court decisions from Kalabahi, Atambua, and Ambon. The findings reveal inconsistencies in the application of the provision, as not all verdicts fully adhere to the mandated substitution of fines with work training as stipulated in the UU SPPA. These disparities highlight the need for greater uniformity and comprehension of the applicable norms to guarantee optimal protection of children's rights. Work training should not be viewed merely as an alternative sanction but as a rehabilitative measure aligned with the principles of restorative justice. This study recommends the development of technical guidelines and the strengthening of institutional capacity to support sanctions that uphold child protection and sustainable justice values.
Degradation of the Stigma of Prison as a Criminal School Through Supervised Sentence as an Alternative to Imprisonment Rohmat Rohmat; Milda Istiqomah; Nurini Aprilianda
Indonesian Journal of Criminal Law Studies Vol. 9 No. 2 (2024): Indonesia J. Crim. L. Studies (November, 2024)
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/ijcls.v9i2.36630

Abstract

With the development of penal theory, the retributive approach to punishment is increasingly seen as misaligned with the needs of society. As a result, there is a recognized need for legal provisions that reflect societal values and emphasize punishment goals that strengthen the community. Prison sentences often lead to issues such as overcrowded facilities and a failure to meet punishment goals. Additionally, many convicts tend to become recidivists after completing their sentences in correctional institutions, reinforcing the stigma of prisons as "criminal schools." The issues to be examined include: a) how are conditional sentences regulated in Law Number 1 of 1946?; and b) how is the policy of supervision sentences as an alternative to imprisonment in degrading the stigma of prison as a criminal school? The research was conducted using a normative method, with a legislative approach. The legal materials used include both primary and secondary legal materials, which were analyzed using deductive analysis techniques. Under the old Penal Code, conditional sentences did not involve immediate imprisonment; instead, the convicted person was given the opportunity to prove their ability to live as a good citizen during a specified probation period. In contrast, the National Penal Code introduces alternatives to prison sentences, such as supervision sentences. These supervision sentences in the National Penal Code serve as an extension of conditional sentences, placing greater emphasis on more intensive and structured supervision. The placement of convicts outside correctional institutions is considered the primary penal system, with the imposition of supervised sentences based on general and specific requirements. In future implementation, an ideal model for the execution of this supervisory sentence is required.
Reformulation of Article 412 Law Number 1 of 2023on Cohabitation from a Legal Certainty Perspective Imera Azzahra Alivia; Prija Djatmika; Nurini Aprilianda
YURISDIKSI : Jurnal Wacana Hukum dan Sains Vol. 22 No. 1 (2026): June in progress
Publisher : Faculty of Law, Merdeka University Surabaya, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55173/yurisdiksi.v22i1.353

Abstract

The criminalization of cohabitation under Article 412 paragraphs (1) and (2) of Law Number 1 of 2023 on the National Criminal Code raises significant juridical concerns, particularly with regard to legal certainty and proportionality. This study focuses on examining the juridical implications arising from the formulation of Article 412 and on proposing an ideal regulatory framework for the criminal offense of cohabitation in Indonesia in the future. Employing a normative juridical research method with statutory and conceptual approaches, this research analyzes the consequences of ambiguous legal formulations, especially the vague elements of “living together as husband and wife outside marriage,” the complaint-based nature of the offense, and the unclear limitation of eligible complainants. The findings indicate that these weaknesses undermine the principle of lex certa, create risks of multiple interpretations, and potentially lead to selective criminalization and violations of legal certainty. Furthermore, the study argues that such deficiencies place Article 412 within the category of a voidable norm that may be subject to constitutional review. Accordingly, this research proposes a reformulation of Article 412 by clarifying and operationalizing the elements of the offense, restricting the scope of complaint-based prosecution, and explicitly defining the age limits of child complainants, in order to ensure legal certainty, proportionality, and the protection of human rights.
THE URGENCY OF FORMING SPECIAL CRIMINAL LAWS FOR CRIMINALS COMMITTED BY CHILDREN IN CASES OF SEXUAL VIOLENCE AGAINST CHILDREN REVIEWED FROM THEORY OF LEGAL CERTAINTY Imera Azzahra Alivia; Prija Djatmika; Nurini Aprilianda
International Journal of Educational Review, Law And Social Sciences (IJERLAS) Vol. 4 No. 6 (2024)
Publisher : CV. RADJA PUBLIKA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.54443/ijerlas.v4i6.2077

Abstract

Sexual violence against children committed by child perpetrators is a serious issue in the criminal justice system in Indonesia. Currently, Indonesian criminal law does not specifically regulate a comprehensive handling mechanism for this case, thus causing problems in the application of fair law and providing optimal protection for children as victims and perpetrators. This study aims to analyze the urgency of establishing a special criminal law that handles criminal acts of sexual violence by children against other children. A normative legal approach with a conceptual approach, a legislative approach and a comparative approach and the theory of legal certainty are used in this study to explore the need for clearer and more responsive regulations. The results of the study indicate that the establishment of a special criminal law can provide better legal certainty, including appropriate protection and rehabilitation mechanisms for children as perpetrators and victims. This is important to ensure that the criminal justice system not only prioritizes punishment, but also protection and rehabilitation in accordance with the principle of the best interests of the child. The establishment of this special regulation can also strengthen the justice system to be more adaptive and responsive to the special characteristics of cases of child sexual violence.
ENHANCING VICTIM-CENTERED JUSTICE THROUGH RESTITUTION: A FRAMEWORK FOR VICTIM IMPACT STATEMENTS IN CHILD SEXUAL VIOLENCE CASES Anang Riyan Ramadianto; Milda Istiqomah; Nurini Aprilianda
International Journal of Educational Review, Law And Social Sciences (IJERLAS) Vol. 5 No. 2 (2025)
Publisher : CV. RADJA PUBLIKA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.54443/ijerlas.v5i2.2572

Abstract

This study examines the role of the Victim Impact Statement (VIS) and restitution in safeguarding the rights of child victims of sexual violence within Indonesia’s criminal justice system. The research highlights the importance of VIS in providing victims with a formal avenue to express the physical, emotional, social, and economic impacts of crimes committed against them. The study adopts a normative juridical approach, analyzing statutory regulations and case law to assess the implementation of Supreme Court Regulation (PERMA) No. 1 of 2022. Comparative analysis with legal frameworks from other countries, such as the United States and Australia, underscores the necessity of institutionalizing VIS in Indonesia to align with international best practices. Findings reveal that while PERMA No. 1 of 2022 provides a legal foundation for restitution, significant challenges remain in terms of legal structure, substance, and culture, limiting its effectiveness. The study proposes a standardized VIS model tailored for child sexual violence cases to ensure clarity, consistency, and fairness in judicial decisions. Strengthening the legal framework, providing specialized training, and raising public awareness are crucial steps toward integrating VIS into Indonesia’s justice system. This research contributes to the broader discourse on victim-centered justice, emphasizing the need for systemic reforms to enhance legal protections for child victims.
THE PRINCIPLE OF THE BEST INTERESTS OF THE CHILD IN LAW ENFORCEMENT AGAINST CHILDREN WHO COMMIT RAPE Cindy Shafira; Prija Djatmika; Nurini Aprilianda
International Journal of Educational Review, Law And Social Sciences (IJERLAS) Vol. 5 No. 3 (2025)
Publisher : CV. RADJA PUBLIKA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.54443/ijerlas.v5i3.2772

Abstract

Handling rape cases involving children as perpetrators has become a complicated issue within the juvenile justice system in Indonesia. This crime not only causes deep psychological wounds to the victims, who are also still children, but also presents complex legal issues in the law enforcement process against the perpetrators who are legally minors. The principle of "the best interests of the child," as stipulated in” Law Number 11 of 2012 concerning the Juvenile Criminal Justice System (UU SPPA)” and “the Convention on the Rights of the Child”, emphasizes that the approach to children in conflict with the law should focus more on rehabilitation and protection rather than mere punishment. This research aims to deeply explore the underlying considerations of judges in adjudicating cases of rape committed by children, using a case study from the Pasir Pengaraian District Court's verdicts. Through normative legal research methods with a case study approach, it was found that the Judge in adjudicating the case had prioritized the principle of "the best interests of the child." Disparities in court rulings result from the juvenile justice system's uneven practical implementation, notwithstanding its normative orientation toward a restorative justice paradigm that prioritizes rehabilitation. To guarantee a more uniform, equitable, and really child-centered justice system, this study emphasizes the necessity of harmonizing and standardizing the application of the "best interests of the child" principle across the entire legal procedure.
RESTITUTION FOR CHILD VICTIMS OF CRIME IN ACCORDANCE WITH THE PRINCIPLES OF PROPORTIONALITY AND THE BEST INTERESTS OF THE CHILD Ashifa Yona; Nurini Aprilianda; I Nyoman Nurjaya
International Journal of Educational Review, Law And Social Sciences (IJERLAS) Vol. 5 No. 3 (2025)
Publisher : CV. 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.
BASIS FOR JUDGES TO ADJUDICE IMMANTARIL COMPENSATION THAT CAN BE GIVEN TO VICTIMS IN RESTITUTION FOR CRIMINAL ACTS OF SEXUAL VIOLENCE BY CHILD PERPETRATORS Yola Eska Afrina S; Nurini Aprilianda; Lucky Endrawati
International Journal of Educational Review, Law And Social Sciences (IJERLAS) Vol. 5 No. 5 (2025)
Publisher : CV. RADJA PUBLIKA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.54443/ijerlas.v5i6.4009

Abstract

Immaterial restitution for victims of Sexual Violence (TPKS) is an increasingly pressing issue in the criminal justice system. Although there are legal provisions governing victims' rights to receive compensation for non-material losses, court practice shows that the application of immaterial restitution in judges' decisions is still very limited. This causes immaterial restitution, an important aspect for victims accommodated in the justice system, but is often overlooked. This study aims to explore the basis used by judges in adjudicating immaterial restitution, as well as the guidelines that serve as a reference in the decision-making process. Understanding the basis for judges adjudicating immaterial restitution and the legal guidelines in making decisions is intended to ensure that judges' positions and powers to grant victims' rights can be freely used to adjudicate immaterial restitution in accordance with law and justice. Using a normative juridical approach, this study analyzes court decisions related to immaterial restitution, in order to identify the legal principles underlying judges' decisions. Through a review of various court decisions, this study found that there is a lack of clarity in the legal guidelines governing immaterial restitution, resulting in variations in their application by judges. Furthermore, this study also revealed that judges' understanding of the psychological and social impacts experienced by victims significantly influences their decisions. The lack of adequate training and resources for judges in this regard is a hindering factor. The results of this study are expected to contribute to the development of clearer and more comprehensive guidelines regarding immaterial restitution, as well as to encourage judges' increased understanding of the importance of this aspect in the judicial process. Thus, it is hoped that victims' rights can be recognized and protected more effectively, so that justice can be achieved not only through law enforcement against perpetrators, but also through appropriate reparations for victims.
FORMULATION OF CRIMINAL LAW POLICY REGARDING NIHIL VERDICTS IN INDONESIAN CRIMINAL COURTS Hensi Septia Utami; Nurini Aprilianda; Faizin Sulistio
International Journal of Educational Review, Law And Social Sciences (IJERLAS) Vol. 5 No. 6 (2025)
Publisher : CV. RADJA PUBLIKA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.54443/ijerlas.v5i6.4091

Abstract

The verdict of acquittal in the application of law enforcement still has problems, namely the existence of a conflict of norms or a regulatory gap, whereby Article 193 of the Criminal Procedure Code "orders" judges to impose a sentence if the defendant is proven guilty. However, Article 67 of the Criminal Code, which refers to the types of basic penalties in Article 10 of the Criminal Code, "prohibits" the imposition of penalties if the defendant has already been sentenced to death or life imprisonment. This conflict of norms or regulatory gap creates a dilemma for judges in enforcing the law. This research is a normative type of research , using a statute approach, a conceptual approach, and a case approach, as well as primary, secondary, and tertiary law, and a prescriptive analysis method. This study discusses two main issues, namely the Regulation of Nil Verdicts in Indonesian Criminal Procedure Law and the Ideal Regulation Related to the Concept of Nil Verdicts in Indonesian Criminal Procedure Law in the Future.
Co-Authors A. Kadir, Nadhilah Abda Abda Abdul Madjid Abdul Madjid Abdul Madjid Abdul Madjid Abdul Majid Adi Kusumaningrum Agusta, Dika Ahmad Fauzi Ahmad Fauzi Al-Uyun, Dhia Alfons Zakaria Anang Riyan Ramadianto Anindita, Raras Natasya Ansori, Ansori Ardi Ferdian Arief Rahman Mahmoud Ashifa Yona Bagaskoro, Ladito Risang Bambang SUGIRI Bambang Sugiri Bambang Sugiri Budi Santoso, Sigit Chyntia Vindy Rahmani Cindy Shafira Denny Ardian Priambodo Dewi, Riska Ameliana Dian Devananda Akbar Didik Purnomo, Didik Dwi Ayu Rachmawati Endriyanti, Megah Novita Erny Herlin Setyorini Fachrizal Afandi Faizin Sulistio Faizin Sulistio Faizin Sulistio Faizin Sulistyo Faizin Sulistyo Faizin Sulistyo Fatiha Gourari Febi Karina Febrianika Maharani Fibriansyah, Ryan Ilham G. Gunawan Guntur Aris Prabowo Hanif Hartadi Harini, Novitasari Dian Phra Hartadi, Hanif Hensi Septia Utami Herman Suryokumoro Heru R. HADI Heru Ratno Hadi I Nyoman NURJAYA I NYOMAN NURJAYA I Nyoman Nurjaya Ifahda Pratama Hapsari Imera Azzahra Alivia Imera Azzahra Alivia Imtina, Salma Salsabila Indriana Prima Puspita Sari Ismail Navianto Istislam, - Joko Cahyono Julisa Aprilia Kaluku Kadek Wiwik Indrayanti Kadir, Nadhilah A. Krisna, Liza Agnesta Lucky Endrawati Lucky MH SH. Endrawati Luth, Thohir Luth, Thohir Machmud, Aris Megah Novita Endriyanti Milda Istiqomah Mubarok, Djihadul Mufatikhatul Farikha Mufatikhatul Farikha, Mufatikhatul Mufatikhatul Farikhah Mulyono, Bambang Hery Nababan, Anisa Magdalena Nadhilah A. Kadir Nadzriah Ahmad Nani Susilowati Noerdajasakti, Setiawan Novalia Pertiwi Pakpahan, Hartato Pradana, Indra Kurnia Okta Prastiti Siswayani Prastiti Siswayani Pratama, I Gusti Agung Ananta Pratama, I Gusti Ananta Prawati, Linda Prema, I Ketut Arjuna Satya Priadi, Randy Hilman Prija Djatmika Prija Djatmika Prija Djatmika Prija Djatmika Prija Djatmika, Prija Ramadianto, Anang Riyan Rani Adriana Refangga, Galih Rohmat Rohmat Rohmat rohmat Roni Evi Dongoran Ruba'i, Masruchin Ruba?I, Masruchin Ruba’I, Masruchin Ryan Ilham Fibriansyah Ryan Ilham Fibriansyah Ryan Ilham Fibriansyah Samsul Huda Asrori Satya Prema, I Ketut Arjuna Setiawan Noerdajasakti Setiawan Noerdajasakti, Setiawan Setiawan Nurdayasakti Shinta Ayu Purnamawati Siagian, Nurul Inayah Silfiah, Rossa Ilma Siti Noer Endah Situmorang, Septriono Solehuddin Solehuddin Sriti Hesti Astiti St. Fatima Sudarsono SUDARSONO Sugiri, Bambang Sugiri, Bambang Suhariningsih Sujiantoro, Sujiantoro Sulistiyo, Faizin Sulvia Triana Hapsari Sulvia Triana Hapsari Sulvia Triana Hapsari Susilo, Hariyanto Suwitno Yutye Imran Syihabuddin Tanaem, Jerymia Seky Tanriawan, Florensya Octavia Tohom Hasiholan Widyanti, Yeni Eka Yola Eska Afrina S yuliani, anggi ari