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All Journal Journal of Social Science Journal of Political And Legal Sovereignty
DEBIANTHO, Debiantho
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Law, Crime, Criminology & Criminal Justice Social Sciences

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Children's Criminal System as Criminal Offenders Perspective of Law Number 11 Of 2012 Concerning Children's Criminal Justice System FAHLAVI, Ananda Alif Rizal; ASMARANI, Emma Dwi; SHELVIANA, Shelviana; DEBIANTHO, Debiantho; HAMDANI, Helmi; ASIHAY, Yayang; JOVI; DODY; KRISTHY, Mutia Evi
Journal of Political And Legal Sovereignty Vol. 1 No. 3 (2023): Journal of Political And Legal Sovereignty (July – September 2023)
Publisher : Indonesia Strategic Sustainability

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.38142/jpls.v1i3.127

Abstract

Purpose: This study describes the principles system of legal protection against Children as criminal perpetrators in Law of the Republic of Indonesia Law Number 11 of 2012 concerning the Juvenile Criminal Justice System refers to the Convention on The Rights of The Child, and it has covered most of the principles of child protection perpetrator as well.Methodology:The research method used in this study is normative legal research because it includes the scope of legal dogmatic learning or researching legal rules.Findings: The study also found that the provision of punishment against the child has been following that stipulated in Law Number 23 of 2002 concerning Children Protection, which states that imprisonment can be applied to the child when there is no last effort any longer and shall be executed separately from the adult prison.Implication:The child protection efforts shall be implemented by imposing restorative sentencing (restorative justice) and diversion if completing the requirement of Law Number 11 of 2012 concerning the juvenile criminal justice system.
Reconstruction of Law Enforcement Regulations on Land Clearing in Forest Areas Based on the Value of Justice Gunarto, Gunarto; Bawono, Bambang Tri; Debiantho, Debiantho
Journal Of Social Science (JoSS) Vol 5 No 3 (2026): Journal of Social Science
Publisher : Al-Makki Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.57185/s74b4112

Abstract

This study examines the need to reconstruct land clearing regulations in forest areas based on the value of justice, driven by the increasing deforestation in Indonesia due to illegal practices causing ecosystem damage. Although various laws have been enacted, including Law Number 41 of 1999 concerning Forestry, Law Number 32 of 2009 concerning Environmental Protection and Management, Law Number 18 of 2013 concerning Prevention and Eradication of Forest Destruction, and Law Number 6 of 2023 concerning Job Creation, their implementation remains weak. Law enforcement, intended as an instrument of justice, suffers from inconsistencies and lacks a deterrent effect, negatively impacting forest protection. This research aims to analyze weaknesses in law enforcement regulations for land clearing and formulate justice-based recommendations for reconstruction. Using John Rawls's theory of justice and legal system theory, this qualitative case study collected primary data through interviews and observations at the Central Kalimantan Police, complemented by secondary data from regulatory documents and literature reviews. This approach enables a comprehensive analysis of enforcement dynamics and factors hindering justice in illegal land clearing cases. The findings reveal that current regulations fail to ensure fair and effective law enforcement due to insufficient sanctions, suboptimal environmental restoration mechanisms, and minimal community participation. This study recommends regulatory revision emphasizing justice principles, stricter sanctions, and a transparent monitoring system. Synergy among law enforcement, legislators, and communities is essential for sustainable forest protection. 
Co-Authors ASIHAY, Yayang ASMARANI, Emma Dwi Bambang Tri Bawono Dody FAHLAVI, Ananda Alif Rizal Gunarto Gunarto HAMDANI, Helmi JOVI Kristhy, Mutia Evi Shelviana, Shelviana