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Rattanapun , Supot
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Humanities Law, Crime, Criminology & Criminal Justice

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The Fulfilment of The Right to Education For Children Conflict With The Law In Indonesia in The Perspective Of Regulator and Implementation Tuasela, Bernadus Alfons; Kristiawanto, Kristiawanto; Rattanapun , Supot
Journal Evidence Of Law Vol. 4 No. 1 (2025): Journal Evidence Of Law (April)
Publisher : CV. Era Digital Nusantara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59066/jel.v4i1.1057

Abstract

The right to education is a human right guaranteed nationally and internationally, including for children in conflict with the law. This study aims to analyse the legal arrangements and implementation of the fulfilment of the right to education for children in Special Development Institutions for Children (LPKA) in Indonesia, and provide recommendations for reconstructing more effective policies. A normative juridical approach is used to examine relevant regulations, such as Law No 11/2012 on the Juvenile Criminal Justice System (SPPA Law) and Law No 2222 on Corrections, with a comparison of international practices in Malaysia and Japan. The results show a significant gap between legal arrangements and implementation. Education in LPKA is still limited to non-formal programmes due to a lack of infrastructure, teaching staff, and coordination between related institutions. To overcome this, a revision of the SPPA Law, strengthening educational infrastructure, improving the competence of teaching staff, and adapting international practices integrated with skills training are needed. In addition, anti-stigma campaigns and better monitoring mechanisms are needed to support children's reintegration into society. These measures are expected to not only guarantee the right to education, but also strengthen the rehabilitation and future of children in conflict with the law..
Unlimited Discretion, Eroded Certainty: Reformulating Criminalization of Narcotics Crime in Indonesia Arianti, Nofalinda; Maryano, Maryano; Rattanapun , Supot
Journal Evidence Of Law Vol. 4 No. 2 (2025): Journal Evidence Of Law (Agustus)
Publisher : CV. Era Digital Nusantara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59066/jel.v4i2.1446

Abstract

Sentencing in narcotics crime cases in Indonesia remains problematic, particularly concerning legal certainty. The striking disparity in court decisions—despite similar legal facts—reflects the absence of standardized sentencing parameters. Furthermore, the wide scope of judicial discretion without objective guidelines increases the risk of injustice in criminal adjudication. This study aims to examine the realization of legal certainty in narcotics sentencing, analyze the role and limits of judicial discretion, and formulate the need for sentencing reform in Indonesia. Using a normative and empirical legal approach, the study analyzes 25 court verdicts and is supported by interviews with legal practitioners. The findings reveal that disparity and unregulated discretion contribute to systemic uncertainty in sentencing practices. Therefore, comprehensive reform is necessary, including binding sentencing guidelines, restricted judicial discretion, and strengthened rehabilitative approaches. This research contributes to the formulation of progressive criminal law reforms based on justice, proportionality, and predictability.
Reframing Contractual Freedom in Cross-Border Commercial Agreements: Legal Challenges of Standard Terms and Global Consumer Protection Rismaya Maharsanthy, Yovanka; Susilowati, Etty; Rattanapun , Supot
Journal Evidence Of Law Vol. 4 No. 2 (2025): Journal Evidence Of Law (Agustus)
Publisher : CV. Era Digital Nusantara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59066/jel.v4i2.1594

Abstract

The increasing prevalence of standard clauses in international commercial agreements has intensified normative tensions between the principle of freedom of contract and the imperative of global consumer protection. This study investigates the legal ramifications of such clauses in cross-border transactions, with particular emphasis on business-to-consumer (B2C) contracts marked by pronounced bargaining power asymmetries. Employing a normative legal methodology combined with comparative analysis, the research demonstrates that standard clauses are frequently drafted unilaterally, lack sufficient transparency, and impose liability limitations that operate to the detriment of consumers. The analysis further reveals significant regulatory fragmentation across jurisdictions and the absence of coherent international standards capable of ensuring legal certainty and affording equal protection to consumers. In response, the study advances a reconceptualization of the principle of freedom of contract in the transnational arena, underscoring the primacy of substantive justice, the necessity of transparency in information disclosure, and the enforceability of consumer rights. As a practical contribution, it recommends the establishment of a harmonized international legal framework for the regulation of standard clauses, grounded in the principles of minimum protection and cross-jurisdictional justice. This research thereby seeks to contribute to the evolution of international contract law toward greater responsiveness to the challenges of globalization and the exigencies of consumer protection in the digital economy.
Co-Authors Arianti, Nofalinda Etty Susilowati Kristiawanto, Kristiawanto Maryano, Maryano Rismaya Maharsanthy, Yovanka Tuasela, Bernadus Alfons