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Journal : Jurnal Multidisiplin Sahombu

The Criminalisation of Children in the Juvenile Criminal Justice System: a Human Rights Protection Perspective Rosinta Paulina Br Simatupang; Padrisan Jamba
Jurnal Multidisiplin Sahombu Vol. 5 No. 08 (2025): Jurnal Multidisiplin Sahombu, December (2025)
Publisher : Sean Institute

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Abstract

Juvenile justice is a complex subject since it covers multiple interconnected topics, including law, justice, and the protection of children's rights. In Indonesia, the criminal justice system's approach to juvenile crimes has shifted from a focus on punishment for misconduct to one that prioritizes rehabilitation and reintegration into society. The purpose of this study is to examine the criminalisation of children in the juvenile criminal justice system, as outlined in Law No. 11 of 2012 on the Juvenile Criminal Justice System (SPPA Law), and to assess the extent to which the principle of human rights protection is applied. The methodology employed is normative legal analysis with a regulatory and conceptual focus. This study examines the applicable legal rules, the basic principles of child protection, and the theory of restorative justice that forms the basis of juvenile criminal justice. The results show that, in terms of regulations, the UU SPPA already provides protection for children through diversion mechanisms, restrictions on prison sentences, and the affirmation of children's rights in the judicial process. However, implementation in the field still faces several obstacles, such as a lack of understanding among legal officials, limited guidance facilities, and a lack of cooperation between institutions. This has resulted in the principle of human rights protection not being fully realised in the practice of juvenile punishment. Therefore, it is necessary to improve the application of restorative justice principles, enhance the capacity of juvenile justice institutions, and conduct continuous monitoring to ensure that the juvenile justice system is truly oriented towards the protection, rehabilitation, and fulfilment of children's rights in a comprehensive manner
A legal analysis of legal protection for female victims of sexual violence is reviewed based on Law Number 12 of 2022 concerning Criminal Acts of Sexual Violence (TPKS Law) Ragiel Nur Marvo; Padrisan Jamba
Jurnal Multidisiplin Sahombu Vol. 6 No. 01 (2026): Jurnal Multidisiplin Sahombu, January 2026
Publisher : Sean Institute

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Sexual violence against women has become an increasingly serious social issue in Indonesia, with data showing a significant increase in reported cases, often linked to gender inequality and inadequate legal protection. Prior to the enactment of Law Number 12 of 2022 concerning Crimes of Sexual Violence (TPKS Law), the legal framework for protecting victims had weaknesses, such as limited coverage, a focus primarily on criminal aspects without a holistic approach to victims' rights, and a lack of effective mechanisms for recovery and restitution. This study aims to analyze the form and effectiveness of legal protection for women victims of sexual violence under the TPKS Law. The research method used is normative juridical, with a legal and conceptual approach, through analysis of legal texts, court decisions, and related legal concepts. Key findings indicate that the TPKS Law expands protection for victims through medical and psychological rights, protection from revictimization, social recovery, and more comprehensive restitution. In conclusion, the TPKS Law is a progressive legal instrument for protecting victims of sexual violence. However, its implementation still faces challenges such as limited resources, public awareness, and harmonization with other regulations.
Criminal Liability for Cyberbullying Perpetrators from the Perspective of Indonesian Criminal Law Fadilla Dwi Maharani; Padrisan Jamba
Jurnal Multidisiplin Sahombu Vol. 6 No. 01 (2026): Jurnal Multidisiplin Sahombu, January 2026
Publisher : Sean Institute

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Abstract

Cyberbullying is one form of crime in the digital space that has serious impacts on victims, both psychologically, socially, and economically. The characteristics of this crime, such as the anonymity of perpetrators, its wide reach, and the rapid dissemination of information, pose distinct challenges to the enforcement of criminal law. This study aims to analyze the criminal liability of cyberbullying perpetrators from the perspective of Indonesian criminal law and to identify obstacles in efforts to provide legal protection for victims.The research method employed is a normative juridical approach through library research, conducted by examining statutory regulations, legal doctrines, and relevant literature. The results of the study indicate that criminal liability for cyberbullying perpetrators is fundamentally supported by existing legal frameworks, primarily through Law Number 11 of 2008 on Electronic Information and Transactions, as amended by Law Number 19 of 2016, as well as provisions in the Indonesian Criminal Code, particularly Articles 310 and 311 concerning defamation. Nevertheless, the implementation of these legal provisions continues to face various obstacles, including the limited understanding of law enforcement officials, difficulties in digital evidence collection, technological developments that are not balanced with regulatory updates, and the low level of public awareness in reporting cases. Therefore, more comprehensive efforts are required through regulatory strengthening, capacity building for law enforcement authorities, inter-agency cooperation, and digital education and literacy to ensure effective legal protection for victims of cyberbullying in Indonesia.
The Role of Child Rehabilitation as an Alternative to Criminal Punishment in the Child Criminal Justice System in Indonesia Nidatunnisa, Nidatunnisa; Padrisan Jamba
Jurnal Multidisiplin Sahombu Vol. 6 No. 02 (2026): Jurnal Multidisiplin Sahombu, 2026
Publisher : Sean Institute

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Abstract

The juvenile criminal justice system in Indonesia is designed to provide special protection for children in conflict with the law by prioritizing the best interests of the child. One form of such protection is the implementation of rehabilitation as an alternative to punishment. Rehabilitation views children not merely as offenders, but as individuals who are still in the process of development and possess significant potential for change. This study aims to analyze the role of child rehabilitation as an alternative form of punishment within the juvenile criminal justice system in Indonesia and to examine the obstacles in its implementation. This research employs a normative legal research method using statutory and conceptual approaches, supported by relevant primary and secondary legal materials. The findings indicate that, normatively, child rehabilitation has been recognized as an alternative punishment consistent with the objectives of the juvenile criminal justice system and the principles of restorative justice. However, in practice, rehabilitation has not yet become the primary option in handling cases involving children in conflict with the law. The main obstacles include limited facilities and infrastructure, differing interpretations among law enforcement officials, and social stigma against child offenders. Therefore, strengthening the implementation of child rehabilitation is essential through a shift in punitive paradigms, enhancement of rehabilitation institutions, and active involvement of families and communities to ensure that rehabilitation functions effectively as a humane and future-oriented alternative to punishment.