Nugroho, Bambang Eko
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THE ROLE OF THE COMMUNITY CENTER (BAPAS) IN THE ACCOMPANYING AND SUPERVISION OF CHILDREN PERFORMING CRIMES OF SEXUAL ABUSE Regarding the Decision of the Madiun Regency District Court Case Number 6/Pid.Sus Anak/2019/PN.Mjy Nugroho, Bambang Eko; Hastari, Tri Anggis
Activa Yuris: Jurnal Hukum Vol 4, No 2 (2024)
Publisher : Universitas PGRI Madiun

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25273/ay.v4i2.20776

Abstract

Children are the young generation and the foundation of the nation's hopes. Children are the successors of the ideals of the nation's struggle who have a strategic role and have special characteristics and traits that are expected to ensure the continued existence of the nation and state in the future. Children need to have the widest possible opportunities to grow and develop optimally, both physically, mentally and socially, and have noble morals. Children are an inseparable part of human survival and the survival of a nation and state. In the Indonesian Constitution, children have a strategic role which is explicitly stated that the state guarantees every child's right to survival, growth and development as well as protection from violence and discrimination. Children are not miniature adults, so based on the characteristics and characteristics of children, it is necessary to differentiate treatment. This is intended to better protect and protect children so they can face their future. With all the potential they have, it is not impossible that today's children will play a role in increasing the rate of national development in the future. For the continued growth of children, both mentally and physically, through interaction in society, children must really receive special attention. Apart from that, the treatment of children must really be paid attention to and treated carefully and conceptually so that the potential inherent in children can grow and develop well and in balance. Children are subjects who have feelings, thoughts, desires and self-esteem. They must be given the opportunity to be heard and have their opinions respected in matters concerning their interests. The rapid development of the world is nothing but the result of the development of human thought, both providing positive and negative impacts. The mentality of children who are still in the stage of finding their identity is sometimes easily influenced by the situation and environmental conditions around them. So if the environment where the child is in is bad, they can be influenced by actions that may violate the law. This of course can be detrimental to himself and society. Not a few of these actions ultimately got them into trouble with law enforcement officials.
Reconstruction of Civil Judicial Activism Limitations: A Juridical Analysis of Ultra Petita Decisions for Legal Certainty and the Principle of Party Autonomy Nugroho, Bambang Eko
SIGn Jurnal Hukum Vol 7 No 2: Oktober 2025 - Maret 2026
Publisher : CV. Social Politic Genius (SIGn)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37276/sjh.v7i2.582

Abstract

This research is prompted by the fundamental tension between the pursuit of substantive justice through discretionary (ex aequo et bono) decision-making and the prohibition on beyond-the-petition (ultra petita) decisions that prejudice procedural legal certainty. These dynamics have become increasingly complex following the issuance of Supreme Court Circular Number 2 of 2024. This regulation instructs judges to supplement their legal reasoning ex-officio with CTS data, which, in principle, could expand the scope of judicial activism beyond formal jurisdictional boundaries. This research aims to analyse the conceptual dialectic between judicial independence and party autonomy, to construct the boundaries of judicial activism post-implementation of Supreme Court Circular Number 2 of 2024, and to evaluate the ratio decidendi and juridical implications of land dispute decisions regarding the protection of the Defendant’s procedural rights. The research method employed is prescriptive-normative legal research, drawing on statutory, case, and conceptual approaches. The results indicate that judges’ freedom to decide cases is not absolute. This authority is constrained by the functional jurisdiction of the courts as regulated in Law Number 2 of 1986 and the imperative prohibition of Article 178 section (3) of the HIR. A paradigm comparison with Law Number 30 of 1999 reaffirms that the limitations of claims in the general judiciary must be rigidly maintained due to the compelling nature of civil procedural law (dwingend recht). The construction of judicial activism boundaries lies in the separation between strengthening the quality of legal reasoning and prohibiting unilateral additions to the material petition. Verification of the case of G. Yohana Lembang et al. proves that activism exceeding the claims results in land legal uncertainty and legitimizes an extraordinary legal remedy of Judicial Review pursuant to Article 67 point c of Law Number 14 of 1985. In conclusion, the protection of party autonomy is the primary parameter for the validity of judicial activism. The Supreme Court is advised to formulate technical guidelines for the “supplementing legal reasoning” parameter to prevent procedural law malpractice that prejudices the private rights of legal subjects.