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All Journal Jurnal Ilmu Kepolisian Journal of Law, Society, and Islamic Civilization
Nabilla Desyalika Putri
Fakultas Hukum Universitas Brawijaya
Religion Humanities Law, Crime, Criminology & Criminal Justice Social Sciences

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Critical Analysis of the Child's Best Interest Principle in Lamongan's 2025 Juvenile Criminal Verdicts Hidayah, Nur; Putri, Nabilla Desyalika
Jurnal Ilmu Kepolisian Vol 20 No 1 (2026): Jurnal Ilmu Kepolisian Volume 20 Nomor 1 Tahun 2026
Publisher : Sekolah Tinggi Ilmu Kepolisian

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35879/jik.v20i1.713

Abstract

This study emphasizes the importance of applying the child's best interest principle within the juvenile criminal justice system, a core concept recognized both internationally and nationally. This principle views children as legal entities entitled to protection, focusing on guidance, rehabilitation, and their prospects. Although Indonesia has incorporated this principle into many regulations, especially Law No. 11 of 2012 concerning the Juvenile Criminal Justice System, there remains a gap between legislative provisions and practical enforcement. This is evident in the continued use of a repressive approach in juvenile court rulings, such as at Lamongan District Court in 2025. This study employs a normative legal research method, using both a statutory approach and a case study approach. The data includes primary legal sources like legislation and six juvenile case rulings from Lamongan District Court in 2025. Secondary sources, such as scholarly books and journals, are also used. The analysis follows a descriptive-qualitative method to evaluate how closely judicial practices follow the legal principles of the child's best interests. The findings reveal that the application of the child's best interest principle in these rulings has been inconsistent and suboptimal. Despite efforts to combine criminal sanctions with vocational training, rulings mostly remain repressive. Diversion processes have not been fully implemented, even when cases meet the criteria. Moreover, the recommendations from the Correctional Institution's reports have not been fully integrated into decision-making. This indicates that a restorative approach is still weakly practiced, and there is a gap between legal norms and judicial procedures. Therefore, it is essential to strengthen institutions, enhance the capacity of law enforcement officers, and promote a shift towards a more rehabilitative, child-centred approach.
Kajian Yuridis Urgensi Penguatan Kedudukan Masyarakat Hukum Adat dalam Mitigasi Perubahan Iklim di Indonesia Putri, Nabilla Desyalika
Journal of Law, Society, and Islamic Civilization Vol 13, No 1: April 2025
Publisher : Universitas Sebelas Maret

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20961/jolsic.v13i1.101079

Abstract

Indigenous peoples possess a unique value system, local knowledge, and traditional practices that demonstrate adaptability to environmental changes, particularly in the protection of forests and natural resources. Despite their recognition in Article 18B paragraph (2) of the 1945 Constitution of the Republic of Indonesia, the protection of indigenous peoples lacks uniform standards across various environmental laws and regulations, including the forestry law, environmental law, and biological natural resource law. A notable inconsistency arises from the diverse definitions that often reflect specific sectoral or regulatory interests, resulting in a lack of a cohesive definition for indigenous peoples. Additionally, normative limitations on participation regard indigenous legal communities as either mere subjects or participants. As the impacts of climate change intensify, it is crucial for the state to engage and empower indigenous peoples as vital contributors to climate adaptation initiatives. This study employs a normative legal research that combines a statutory approach and a conceptual approach. The anticipated outcomes of this research aim to establish a foundation for more inclusive policies based on ecological justice. Ultimately, this study aims to advocate for the safeguarding of indigenous peoples' rights to land and resources, thus fostering ecological justice and enhancing environmental sustainability.
Co-Authors Lucky Elza Aditya Musyarri, Fazal Akmal Nur Hidayah Widodo, Kartika Youri