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All Journal JURNAL HUKUM Hearty : Jurnal Kesehatan Masyarakat Riset Informasi Kesehatan
Yurizal Yurizal
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Journal : JURNAL HUKUM

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Legal Protection for Children in Conflict with the Law: Policy Evaluation and Reform Recommendations Setyawan, Gidion Arif; Wijaya, Andy Fefta; Hermawan, Hermawan; Yurizal, Yurizal
Jurnal Hukum Vol 41, No 1 (2025): Jurnal Hukum
Publisher : Unissula

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/jh.41.1.157-172

Abstract

The protection of children in conflict with the law represent one of the primary challenges within the Indonesian legal system, particularly in Jakarta Province. This study aims to analyze the juridical implementation of protections for children involved in legal processes, focusing on existing regulations and policies in Jakarta. Employing a socio-legal and qualitative approach, the study relies on interviews with relevant stakeholders and case studies of child protection policies at the local level. The findings reveal that despite the implementation of various regulations to safeguard children's rights, juridical execution faces several obstacles, including limited resources, inconsistencies in law application, and inadequate inter-agency coordination. The study underscores the necessity to enhance policies and strengthen institutional capacity to bolster legal protections for children in conflict with the law in Indonesia. Thus, these findings contribute to advancing a more effective child protection system aligned with human rights principles.
Urgency of Institutionalizing Collaborative Governance in the Legal System for the Protection of Children in Conflict with the Law Setyawan, Gidion Arif; Wijaya, Andy Fefta; Hermawan, Hermawan; Yurizal, Yurizal
Jurnal Hukum Vol 41, No 2 (2025): Jurnal Hukum
Publisher : Unissula

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/jh.41.2.346-365

Abstract

This article aims to analyze the legal protection of children in conflict with the law (ABH) from a normative legal perspective and assess the urgency of institutionalizing collaborative governance within Indonesia's legal system. Although Law No. 11 of 2012 on the Juvenile Justice System has adopted a rehabilitative approach, the practical protection of ABH still faces many challenges, particularly in inter-agency coordination. This study shows that the absence of explicit legal provisions regarding cross-sector cooperation mechanisms has led to collaboration occurring only on a personal, non-institutional, and sporadic basis. Using a conceptual and regulatory approach, this article proposes that the principle of collaborative governance can be interpreted as a new administrative legal norm that must be institutionalized through positive regulation. Recommendations include the establishment of a permanent legal-based collaborative body, regulatory harmonization, and strengthening institutional accountability. Thus, the ABH protection system can become more effective, participatory, and socially just.
Co-Authors Andy Fefta Wijaya Anita Rahmiwati Hermawan Hermawan Najmah, Najmah Setyawan, Gidion Arif Suara, Mahyar