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All Journal Jurnal Meta-Yuridis Legal Standing : Jurnal Ilmu Hukum UNISKA LAW REVIEW Formosa Journal of Multidisciplinary Research (FJMR) Formosa Journal of Social Sciences (FJSS) Formosa Journal of Applied Sciences (FJAS) Formosa Journal of Sustainable Research (FJSR) Journal of Legal and Cultural Analytics (JLCA) Jurnal Penelitian dan Pengabdian Masyarakat Socius: Social Sciences Research Journal Kajian Ilmiah Hukum dan Kenegaraan Media Hukum Indonesia (MHI)
Kadir, Syukron Abdul
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Religion Arts Humanities Civil Engineering, Building, Construction & Architecture Computer Science & IT Control & Systems Engineering Decision Sciences, Operations Research & Management Economics, Econometrics & Finance Education Engineering Environmental Science Industrial & Manufacturing Engineering Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Social Sciences Other

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Application of Restorative Justice in Narcotics Crimes Subaidi, Subaidi; Pratita, Afifah Rahma; Ningrum, Anna Cahya; Herawati, Alifah; Kadir, Syukron Abdul
Formosa Journal of Applied Sciences Vol. 3 No. 3 (2024): March 2024
Publisher : PT FORMOSA CENDEKIA GLOBAL

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55927/fjas.v3i3.8442

Abstract

Users or victims of narcotics abuse, which is also a serious crime, have succeeded in coloring the dynamics of people's lives in the country. Users or victims of narcotics abuse continue to increase every year. However, users or victims of narcotics abuse sometimes receive inappropriate treatment which results in stunting in society. thus prompting the author to research how perpetrators or victims of narcotics abuse should be treated. This research is normative research through literature study which is carried out by reviewing and conducting theoretical studies on secondary data sources such as legal materials related to problem formulation, namely statutory regulations, books, journals and other related readings. The data collected is then compiled, studied, then concluded in order to answer the problem formulation mentioned above.
Review of Sexual Violence Against Children: Reality, Impact, and Protection Efforts Saputri, Devita; Putri, Wulan Julianti; Kaya, Axcell Ezhalio Melvin; Saputra, Febriyan; Kadir, Syukron Abdul
Formosa Journal of Sustainable Research Vol. 3 No. 4 (2024): April, 2024
Publisher : PT FORMOSA CENDEKIA GLOBAL

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55927/fjsr.v3i4.8778

Abstract

The reality of sexual violence against children in Indonesia has become a serious issue that requires joint attention and action. Data shows a high number of cases, although many incidents are not reported. For example, the case in Way Serdang, Mesuji Regency, where a father had sexual intercourse with his pregnant biological child, illustrates the complexity of this problem. The impact of sexual violence on children includes profound psychological, social, and physical consequences, such as PTSD, behavioral disorders, and social stigma. Protection and prevention efforts must involve the government, child protection institutions and the community. Education, strong regulations and changing social norms are key to creating a safe environment for children. Early detection, the role of child protection institutions, and collaborative efforts across sectors are important strategies in overcoming the complex challenges of preventing sexual violence. Education and increased awareness are needed to change public perceptions, as well as investment in resources and research to support effective prevention efforts
Minimal Socialization to the Community Regarding Legal Requirements for Working Abroad Causes an Increase in Human Trafficking of Workers from East Nusa Tenggara Bait, Intan Yuningsi Puspitasari; Mustika, Arinda Diah Nur; Wibowo, Ari; Ferdiyansyah, Imam Denis; Krisdiyanto, Ahmad; Nawipa, Stepanus; Wangge, Ketrina Novika; Ama, Jefrianus Tamo; Kadir, Syukron Abdul
Journal of Legal and Cultural Analytics Vol. 3 No. 1 (2024): February 2024
Publisher : PT FORMOSA CENDEKIA GLOBAL

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55927/jlca.v3i1.7817

Abstract

Every Indonesian citizen has the right to get a decent job as stated in the 1945 Constitution of the Republic of Indonesia Article 27 paragraph (2), however, due to limited job opportunities in Indonesia, many Indonesian citizens choose to work abroad. Therefore, the government has facilitated access to work abroad. Then, because of the increasing number of cases of human trafficking that occur among workers from Indonesia which is caused by the massive distribution of illegal labor, there are also legal regulations that regulate this matter, namely Law Number 21 of 2007 concerning Eradication of the Criminal Act of Trafficking in Persons and Government Regulation Number 46 of 2015 concerning Handling Victims of Human Trafficking Crimes. The method used is normative juridical research which focuses on das sein and das sollen, accompanied by data analysis of human trafficking cases to find out the factors of increasing cases of human trafficking in workers in Indonesia, then provide solution suggestions for the government to reduce the problem of illegal labor distribution. with a mass outreach program to the public containing an explanation of the legal protection of migrant workers, the risks of illegal workers, as well as legal conditions for working abroad.
ESENSIALITAS PENEGAKAN HUKUM TINDAK PIDANA PENELANTARAN ANAK DALAM PERSPEKTIF BEST INTEREST OF THE CHILD Wahyuono, Firman Tri; Kadir, Syukron Abdul; Chrisjanto, Edy; Munawar, Said
Legal Standing : Jurnal Ilmu Hukum Vol. 10 No. 1 (2026): Legal Standing
Publisher : Universitas Muhammadiyah Ponorogo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24269/ls.v10i1.12784

Abstract

This study examines the enforcement of the best interest of the child principle in child custody cases related to child neglect in the Indonesian legal system. This study uses normative legal research methods with approaches to legislation, conceptual, and comparative law, by analyzing national regulations and comparing child protection mechanisms in Sweden, Australia, and Canada. The results showed that the power of parents over children is not an absolute or invulnerable domain, but is limited by the obligation to protect the fundamental rights of children. the role of State parens patriae provides justification for state intervention in cases of child neglect through a system of mandatory reporting, Cross-Sector Coordination, as well as rehabilitative measures. However, law enforcement in Indonesia is still not effective due to weak institutional coordination, insufficient evidence, especially in cases of non-physical neglect, limited involvement of experts, and still strong cultural views that position child neglect as a private family affair. Hence the need for a systemic reform of the law, including the formulation of clearer indicators of child neglect, the strengthening of expertise-based evidence mechanisms, as well as the establishment of a victim-oriented rapid response system. Thus, state intervention is positioned as an essential legal and moral responsibility in protecting the rights of children, not as a form of violation of family privacy.
Reconceptualizing Theft Crimes in Indonesia's 2023 Criminal Code: Living Law and Restorative Justice Critique Pratama, Andry; Sugiyanto, Sugiyanto; Pamungkas, Wahyu Putra Dwi; Aprianto, Totok; Kadir, Syukron Abdul
Kajian Ilmiah Hukum dan Kenegaraan Vol 4 No 2 (2025): Desember
Publisher : Penerbit Goodwood

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35912/kihan.v4i2.6469

Abstract

Purpose: This study aims to examine the reconceptualization of theft crimes under Indonesia's Law Number 1 of 2023 (KUHP 2023) through a legal sociology perspective, analyzing the normative transformation of theft provisions and evaluating their congruence with Indonesian social realities and living law traditions. Research Methodology: This study employs normative legal research (penelitian hukum normatif) integrating statute, conceptual, comparative, and historical approaches. Primary legal materials include KUHP 2023 Articles 362–367, the colonial Wetboek van Strafrecht, and relevant Supreme Court regulations. Theoretical frameworks applied are Eugen Ehrlich's living law theory, Lawrence Friedman's tripartite legal system model, and Roscoe Pound's social engineering theory. Legal materials were systematically collected through Scopus, HeinOnline, Google Scholar, and Indonesia's national legal database (JDIH). Results: KUHP 2023 demonstrates significant normative reconceptualization of theft crimes by integrating retributive, rehabilitative, and restorative justice orientations, formally recognizing living law under Article 2, and incorporating restorative justice mechanisms aligned with Indonesian adat traditions. Conclusions: KUHP 2023 advances post-colonial criminal law reform meaningfully yet incompletely, requiring complementary institutional capacity building and legal culture transformation for full realization. Limitations: This study relies exclusively on normative legal research, excluding direct empirical field investigation of KUHP 2023's implementation realities. Contributions: This study contributes to Indonesian legal sociology scholarship, criminal law reform policy, and judicial practice, providing theoretical and practical insights for legislators, law enforcement authorities, and academics in developing societies navigating post-colonial criminal justice transformation.
Recognition of Customary Law in The Perspective of Indonesian Criminal Law Kadir, Syukron Abdul; Chrisjanto, Edy; Suyikati, Suyikati
UNISKA LAW REVIEW Vol 7 No 1 (2026): Uniska Law Review
Publisher : Faculty of Law, Kadiri Islamic University (UNISKA) Kediri

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32503/ulr.v7i1.8678

Abstract

This study examines the recognition of customary law in the perspective of Indonesian criminal law as a response to the pluralistic character of society and the dynamics of National Legal Reform. Since colonial times, customary law has been understood as living law, that is, norms that are alive and have social binding power even though they are not codified. In recent developments, the recognition of the law that lives in society gained legitimacy in the new criminal code, but still caused tension with the principle of legality through the principle of nullum crimen sine lege. The research method used is normative legal research with legislation and conceptual approach. As a result of the discussion, the existence of customary law in Indonesian criminal law offers restorative potential and socio-cultural values that enrich the criminal system, especially through the rapprochement of perpetrators, victims, and the community. However, unwritten customary norms pose challenges to legal certainty, principles of legality, and Human Rights. The integration of customary law into the new penal code allowed for a restorative approach that was responsive to local needs, particularly minor crimes. In order to remain in line with the principles of the modern rule of law, integration must be carried out in a measurable manner through clear regulation, institutional supervision, normative harmonization, and multidisciplinary involvement, thus preventing inconsistency, discrimination, or legal irregularities. Keywords: customary law, principle of legality, Restorative Justice..
Co-Authors Al-Mugarip, M. Haikal Ama, Jefrianus Tamo Andry Pratama, Andry Aprianto, Totok Ari Wibowo Arif, Nomensius Artha, Bhenu Ashar, Adinda Nasyuha Putri Cahyang Astuti , Nurmalita Kussuma Bait, Intan Yuningsi Puspitasari Bihaqqis, Rika Aulia Chrisjanto, Edy Dewi, Rinawati Dimara, James Aquila Doni, Christian Febriana, Irma Ferdiyansyah, Imam Denis Firmansyah, Ega Diki Hartanto Herawati, Alifah Kamlasi, Elizabeth RD Kaya, Axcell Ezhalio Melvin Krisdiyanto, Ahmad Luturmas, Rinaldi Rifli Yulyans Maghfirah, Indah Mahditya, Alma Maimun, Farel Zaki Meisa, Dhea Munawar, Said Mustika, Arinda Diah Nur Nawipa, Stepanus Ningrum, Anna Cahya Pamungkas, Wahyu Putra Dwi Pratita, Afifah Rahma Putri, Wulan Julianti Rahmat, Noor Rasyid, Muhammad Tebyan Saputra, Febriyan Saputri, Devita Sari, Wina Shabrian, Ghozi Alfarizki Subaidi Subaidi, Subaidi Sugiyanto - Sulhan Sulhan Suyikati, Suyikati WAHYUONO, FIRMAN TRI Wangge, Ketrina Novika Yuridin, Yuridin