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All Journal Nurani Hukum : Jurnal Ilmu Hukum Indonesian Journal of Advocacy and Legal Services
Dian Afrilia
Faculty of Law, Universitas Sriwijaya
Humanities Law, Crime, Criminology & Criminal Justice Social Sciences

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Philosophy Concept of Restorative Justice in Handling Juvenile Delinquent Isma Nurillah; Dian Afrilia; Neisa Angrum Adisti; Desia Rakhma Banjarani
Nurani Hukum Vol. 5 No. 2 December 2022
Publisher : Fakultas Hukum Universitas Sultan Ageng Tirtayasa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.51825/nhk.v5i2.17003

Abstract

Restorative justice in handling juvenile delinquent occurs because of the juvenile justice system growth. The increasing number of institutions that guarantee the rights of children in juvenile delinquent at the courts has led more implementation of the criminal justice system that applies restorative justice. Alignment between the 2000 UN declaration as the main principles regarding the use of restorative justice programs in criminal matters, the Vienna Declaration on crime and justice, the XI UN congress in 2005 on crime and criminal justice as a basis for researchers who passionate to examine how philosophical concept of restorative justice in juvenile delinquent and how the mechanism for applying restorative justice in juvenile delinquent uses normative juridical research. After conducting research, the philosophical concept of restorative justice in handling juvenile delinquent can be seen from before the rise of Law Number 3 of 1997 concerning Juvenile Court which refers to the provisions of the Criminal Code Articles 45, 46, and 47 which contain the authority of judges in making decisions regarding types of crimes, types of punishment and the length of punishment for children, Law Number 3 of 1997 concerning Juvenile Court and Law Number 11 of 2012 concerning the Juvenile Criminal Justice System. In line with the philosophy of the mechanism for the application of restorative justice in handling juvenile delinquent, there are several regulations in Indonesia such as the Supreme Court Regulation Number 4 of 2014 concerning Guidelines for Implementing Diversion in the Juvenile Criminal Justice System, Government Regulation Number 65 of 2015 concerning Guidelines for Implementing Diversion and Handling of Children who have not 12 years old and a certificate from the Director General of Badilum Number 1691/DJU/SK/PS.00/12/2020 dated 22 December 2020 concerning Guidelines for the Implementation of Restorative Justice in the General Courts.
Legal Advocacy for Balanced Protection of Jastip Business Actors Dian Afrilia; Joni Emirzon; Putu Samawati; Faiq Faiq
Indonesian Journal of Advocacy and Legal Services Vol. 8 No. 1 (2026): Legal Advocacy and Justice Innovation
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/ijals.v8i1.44476

Abstract

This study examines the legal protection of online personal shopping service (jastip) business actors within Indonesia’s rapidly evolving digital economy, where existing regulations remain largely consumer-oriented and do not adequately address the vulnerabilities faced by business actors. The research aims to analyze the legal structure of jastip agreements and evaluate whether current legal frameworks provide balanced protection for all parties involved. Using a normative juridical method with statutory and conceptual approaches, the study finds that jastip agreements have a hybrid contractual nature, combining elements of mandate, sale, deposit, and service contracts. Nonetheless, such agreements existing beyond the boundaries of civil law categories make legal uncertainty and unduly burdensome business actors, especially in relation to bad faith on behalf of consumers and wrongdoing by third-parties. This research is in line with the discourse by suggesting that law needs to set more proportionally business actors as subjects of protection, these regulations are yet to adequately accommodate and address digital intermediary practices, and therefore urges the need for specific creating adaptive regulation while optimizing electronic contracts as preventive regulatory instruments to secure fairness, legal certainty, and balance risks in jastip transaction.
Co-Authors Desia Rakhma Banjarani Faiq Faiq Isma Nurillah Joni Emirzon Neisa Angrum Adisti Putu Samawati