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All Journal Jurnal Somasi (Sosial Humaniora Komunikasi) Jurnal Pengabdian Kepada Masyarakat Multidiciplinary Output Research for Actual and International Issue (Morfai Journal) Locus: Jurnal Konsep Ilmu Hukum Jurnal Pengabdian Masyarakat Bidang Sosial dan Humaniora Jurnal Ilmiah Pendidikan Holistik (JIPH) POLICY, LAW, NOTARY AND REGULATORY ISSUES (POLRI) Journal of Legal and Cultural Analytics (JLCA) Priviet Social Sciences Journal Indonesian Journal of Interdisciplinary Research in Science and Technology (MARCOPOLO)
Saragih, Joy Zaman Felix
Fakultas Hukum, Universitas Pelita Harapan
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Journal : POLICY, LAW, NOTARY AND REGULATORY ISSUES (POLRI)

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The Role of Law in Tackling Child Exploitation in Child Social Welfare Institutions (LKSA): A Case Study of the Fulfilment of Children's Basic Needs According to Welfare Standards Banke, Ricky; Sitorus, Rolib; Saragih, Joy Zaman Felix; Michael Sihombing, Andy Tonggo
POLICY, LAW, NOTARY AND REGULATORY ISSUES Vol. 4 No. 3 (2025): JULY
Publisher : Transpublika Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55047/polri.v4i3.1714

Abstract

Child exploitation within Child Social Welfare Institutions (Lembaga Kesejahteraan Sosial Anak or LKSA) remains a significant concern that undermines the fulfillment of children's fundamental rights, particularly in relation to access to education, health care, proper care, and protection. This study aims to examine the role of legal frameworks in preventing and addressing exploitative practices within LKSAs, focusing on the extent to which these institutions ensure the fulfillment of children's basic needs in accordance with national welfare standards. Employing a qualitative research design with a case study approach, the study was conducted in several LKSAs in Medan, North Sumatra. Data collection methods included in-depth interviews with key stakeholders, analysis of relevant legal and institutional documents, and direct field observations. The results show that there are still practices of child exploitation in several LKSA, including forced labor and misuse of foster child status for economic interests. Other important findings include weak supervision by government agencies, limited coordination between agencies, and a lack of understanding by LKSA managers of children's rights. On the other hand, the role of the police as law enforcers is considered reactive and not optimal in preventing and prosecuting cases of child exploitation in LKSA. The main obstacles faced by POLRI include limited resources, lack of specialized training, and the absence of strong synergy between the police and other child protection agencies. Hence, the research emphasizes that although the legal framework is in place through various laws and regulations, its implementation is still not effective.
Juridical Analysis of the Rejection of Judicial Review (PK) in the Case of PT Mas Murni Indonesia, Tbk (in Bankruptcy): A Review of Supreme Court Decision No. 21 PK/Pdt.Sus-Pailit/2025 Tjandra, Sheren Michi; Ely, Claureria Angie; Angelica, Angelica; Silalahi, Udin; Saragih, Joy Zaman Felix
POLICY, LAW, NOTARY AND REGULATORY ISSUES Vol. 5 No. 1 (2026): JANUARY
Publisher : Transpublika Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55047/polri.v5i1.1997

Abstract

Judicial Review is an extraordinary legal remedy designed to uphold legal certainty and justice in civil cases, including bankruptcy proceedings. This paper examines the application of Judicial Review in the bankruptcy case of PT Mas Murni Indonesia, Tbk, based on Supreme Court Decision No. 21 PK/Pdt.Sus-Pailit/2025. The study emphasizes the role of PK as a corrective mechanism against final and binding decisions, as well as the legal reasoning employed by the judges in reaching their verdict. PK in bankruptcy cases carries distinct characteristics, as it involves balancing the rights of creditors and debtors while ensuring legal certainty within the business sphere. The scope of PK is strictly limited by statutory provisions, particularly Law No. 37 of 2004 on Bankruptcy and Suspension of Debt Payment Obligations (PKPU) and Law No. 48 of 2009 on Judicial Power. This research adopts a normative juridical method with statutory and case approaches, utilizing primary legal materials on bankruptcy and extraordinary remedies. Qualitative analysis reveals that despite its limited scope, PK plays a significant role in correcting misapplications of law with substantive justice implications. In the case of PT Mas Murni Indonesia, Tbk, the Supreme Court emphasized the necessity of balancing legal certainty with fairness and utility. Accordingly, this study contributes to a deeper understanding of the dynamics of Judicial Review in bankruptcy cases and illustrates how Indonesian judicial practice strives to achieve justice in line with the ultimate purpose of law.
Co-Authors Ananda Bima Al Wajdi Majid Pranoto Andy Tonggo Michael Sihombing Andy Tonggo Mikhael Sihombing Angelica, Angelica Arif, M Banke, Ricky Bryan Chandra Wirawan Damanik, Johanes Parlindungan Ely, Claureria Angie Fellin Fernando Fernando, Fernando Frederick Xaverius Tjipto Japansen Sinaga Japansen Sinaga Jessen, Jessen Jur. M. Udin Silalahi Lauvender, Felix Tommy Melisa Chua Michael Sihombing, Andy Tonggo Muhammad Daffa Syahputra Ricky Banke Ricky Banke Rolib Sitorus Rolib Sitorus Saragih, George Jan Christian Zherman Sheila Ananda Siregar Sinaga, Japansen Sitorus, Rolib Tjandra, Sheren Michi Tonggo Michael Sihombing Vivien, Vivien Wijaya, Gavin Timberlake Wilim, Anastasia