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All Journal Yustisia NOMOI Law Review
Anindita, Raras Natasya
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Law, Crime, Criminology & Criminal Justice Social Sciences

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INCONSISTENCIES IN THE APPLICATION OF ARTICLE 71 PARAGRAPH (3) OF THE JUVENILE JUSTICE SYSTEM ACT IN CRIMINAL VERDICTS AGAINST CHILDREN: A NORMATIVE REVIEW OF THE KALABAHI, ATAMBUA, AND AMBON DECISIONS Anindita, Raras Natasya; Aprilianda, Nurini; Istiqomah, Milda
NOMOI Law Review Vol 6, No 2 (2025): November Edition
Publisher : NOMOI Law Review

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30596/nomoi.v6i2.25580

Abstract

This study examines the implementation of Article 71 paragraph (3) of Law No. 11 of 2012 concerning the Juvenile Justice System (UU SPPA), which regulates the replacement of criminal fines with work training in cases involving juvenile offenders. This provision aims to ensure fairer protection for children through a corrective, recovery oriented approach. The research employs a normative legal method, combining statutory and case based approaches, and analyzes three first instance court decisions from Kalabahi, Atambua, and Ambon. The findings reveal inconsistencies in the application of the provision, as not all verdicts fully adhere to the mandated substitution of fines with work training as stipulated in the UU SPPA. These disparities highlight the need for greater uniformity and comprehension of the applicable norms to guarantee optimal protection of children's rights. Work training should not be viewed merely as an alternative sanction but as a rehabilitative measure aligned with the principles of restorative justice. This study recommends the development of technical guidelines and the strengthening of institutional capacity to support sanctions that uphold child protection and sustainable justice values.
Implications of Labeling the Criminal Armed Group in Papua as a Terrorist Organization Istiqomah, Milda; Kurniawan, Heru; Anindita, Raras Natasya
Yustisia Vol 14, No 1: April 2025
Publisher : Faculty of Law, Universitas Sebelas Maret

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20961/yustisia.v14i1.93621

Abstract

Conflict and bloodshed continue in Papua, whether by governmental actors or the Criminal Armed Group. The Coordinating Ministry for Politics, Law, and Security declared the KKB in Papua a terrorist organisation in 2021 after classifying it as a separatist organisation. This study aims to look into what it means that the Papuan government called the KKB a "terrorist organisation."  In this article, socio-legal research examines whether labelling the Papuan KKB as a terrorist group is legal and what that means.  It also includes interviews with state security experts and Papua experts.  The study's results showed that labelling the Papuan KKB as a terrorist group could make the security and human rights situation in Papua worse by fostering more violence and separating peace. The government's application of force may prolong the cycle of violence and human rights violations.   The name does not comply with legal standards since it should have been established through a transparent judicial process rather than by the Coordinating Minister for Political, Legal, and Security Affairs.   For sustainable conflict resolution in Papua New Guinea, a technique that incorporates broader participation and is founded on discussion is essential
Co-Authors Heru Kurniawan Milda Istiqomah Nurini Aprilianda