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All Journal YURISDIKSI : Jurnal Wacana Hukum dan Sains International Journal of Educational Review, Law And Social Sciences (IJERLAS)
Imera Azzahra Alivia
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Religion Humanities Environmental Science Health Professions Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Library & Information Science Social Sciences Other

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THE URGENCY OF FORMING SPECIAL CRIMINAL LAWS FOR CRIMINALS COMMITTED BY CHILDREN IN CASES OF SEXUAL VIOLENCE AGAINST CHILDREN REVIEWED FROM THEORY OF LEGAL CERTAINTY Imera Azzahra Alivia; Prija Djatmika; Nurini Aprilianda
International Journal of Educational Review, Law And Social Sciences (IJERLAS) Vol. 4 No. 6 (2024)
Publisher : CV. RADJA PUBLIKA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.54443/ijerlas.v4i6.2077

Abstract

Sexual violence against children committed by child perpetrators is a serious issue in the criminal justice system in Indonesia. Currently, Indonesian criminal law does not specifically regulate a comprehensive handling mechanism for this case, thus causing problems in the application of fair law and providing optimal protection for children as victims and perpetrators. This study aims to analyze the urgency of establishing a special criminal law that handles criminal acts of sexual violence by children against other children. A normative legal approach with a conceptual approach, a legislative approach and a comparative approach and the theory of legal certainty are used in this study to explore the need for clearer and more responsive regulations. The results of the study indicate that the establishment of a special criminal law can provide better legal certainty, including appropriate protection and rehabilitation mechanisms for children as perpetrators and victims. This is important to ensure that the criminal justice system not only prioritizes punishment, but also protection and rehabilitation in accordance with the principle of the best interests of the child. The establishment of this special regulation can also strengthen the justice system to be more adaptive and responsive to the special characteristics of cases of child sexual violence.
Reformulation of Article 412 Law Number 1 of 2023on Cohabitation from a Legal Certainty Perspective Imera Azzahra Alivia; Prija Djatmika; Nurini Aprilianda
YURISDIKSI : Jurnal Wacana Hukum dan Sains Vol. 22 No. 1 (2026): June in progress
Publisher : Faculty of Law, Merdeka University Surabaya, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55173/yurisdiksi.v22i1.353

Abstract

The criminalization of cohabitation under Article 412 paragraphs (1) and (2) of Law Number 1 of 2023 on the National Criminal Code raises significant juridical concerns, particularly with regard to legal certainty and proportionality. This study focuses on examining the juridical implications arising from the formulation of Article 412 and on proposing an ideal regulatory framework for the criminal offense of cohabitation in Indonesia in the future. Employing a normative juridical research method with statutory and conceptual approaches, this research analyzes the consequences of ambiguous legal formulations, especially the vague elements of “living together as husband and wife outside marriage,” the complaint-based nature of the offense, and the unclear limitation of eligible complainants. The findings indicate that these weaknesses undermine the principle of lex certa, create risks of multiple interpretations, and potentially lead to selective criminalization and violations of legal certainty. Furthermore, the study argues that such deficiencies place Article 412 within the category of a voidable norm that may be subject to constitutional review. Accordingly, this research proposes a reformulation of Article 412 by clarifying and operationalizing the elements of the offense, restricting the scope of complaint-based prosecution, and explicitly defining the age limits of child complainants, in order to ensure legal certainty, proportionality, and the protection of human rights.
Co-Authors Nurini Aprilianda Prija Djatmika