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All Journal Kosmik Hukum NOMOI Law Review
Jevis, Weldy
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Law, Crime, Criminology & Criminal Justice Social Sciences

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Legal Protection of Children’s Rights in Conflict With The Law From Power Intervention Hosnah, Asmak Ul; Jevis, Weldy; Nuraeny, Henny; Ahmad, Asmida
Kosmik Hukum Vol. 25 No. 1 (2025)
Publisher : Universitas Muhammadiyah Purwokerto

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30595/kosmikhukum.v25i1.24967

Abstract

This study aims to examine the legal protection of the rights of children in conflict with the law, particularly in preventing power intervention within the juvenile criminal justice system in Indonesia. The background of this research is based on the prevalence of injustices faced by children due to weak oversight in the implementation of regulations, such as Law Number 11 of 2012 on the Juvenile Criminal Justice System and Law Number 35 of 2014 on Child Protection. The main issue raised is the gap between legal norms and their practical application in the field. The research methodology employs a normative and empirical juridical approach. Data were collected through document studies, in-depth interviews with law enforcement officers, children's families, and legal experts, as well as case study analyses, such as the case of Vina Dewi Arsita in Cirebon. The findings reveal instances of power abuse that harm children and highlight the weak implementation of restorative justice and rehabilitation principles within the juvenile criminal justice system. This study recommends a more effective legal protection model based on restorative justice, involving collaboration between law enforcement, government, families, and communities. It is hoped that this model will enhance transparency, justice, and the protection of children's rights.
CHALLENGES AND IMPLICATIONS OF THE SINGLE BAR SYSTEM ON LEGAL PROTECTION FOR ADVOCATES IN INDONESIA Jevis, Weldy; Hosnah, Asmak; rohaedi, Edi
NOMOI Law Review Vol 6, No 1 (2025): May Edition
Publisher : NOMOI Law Review

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30596/nomoi.v6i1.24109

Abstract

The large number of advocates in Indonesia requires every advocate to be registered and joined in an association or organization. With the many advocate organizations in Indonesia, PERADI as an organization recognized by the state as a forum for advocate organizations to gather. PERADI is also a manifestation of the adoption of the single bar system in Indonesia. In the context of Indonesian law, advocate organizations must be registered with the Indonesian Advocates Association (PERADI) to obtain legal protection. However, many advocate organizations choose not to join Peradi, thus creating uncertainty regarding legal protection for their members. This study uses a normative juridical approach with a literature study to examine the legal norms governing the advocate profession, especially those related to the legal position of non-Peradi organizations, as well as the single bar system implemented in Indonesia. The research findings show that although non-Peradi organizations have temporary authority to carry out certain functions, their legal status is still ambiguous and affects the legal protection provided to their members. In addition, the implementation of the single bar system in Indonesia provides advantages in terms of supervision and professional development, but also faces major challenges in terms of accessibility of advocates in remote areas to services provided by PERADI.
Co-Authors Ahmad, Asmida Asmak UI Hosnah Edi Rohaedi Henny Nuraeny Hosnah, Asmak