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All Journal JURNAL HUKUM
Andy Fefta Wijaya
Universitas Brawijaya, Indonesia
Religion Humanities Social Sciences

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Urgency of Institutionalizing Collaborative Governance in the Legal System for the Protection of Children in Conflict with the Law Gidion Arif Setyawan; Andy Fefta Wijaya; Hermawan Hermawan; Yurizal Yurizal
Jurnal Hukum Vol 41, No 2 (2025): Jurnal Hukum
Publisher : Unissula

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26532/jh.v41i2.46413

Abstract

This article aims to analyze the legal protection of children in conflict with the law (ABH) from a normative legal perspective and assess the urgency of institutionalizing collaborative governance within Indonesia's legal system. Although Law No. 11 of 2012 on the Juvenile Justice System has adopted a rehabilitative approach, the practical protection of ABH still faces many challenges, particularly in inter-agency coordination. This study shows that the absence of explicit legal provisions regarding cross-sector cooperation mechanisms has led to collaboration occurring only on a personal, non-institutional, and sporadic basis. Using a conceptual and regulatory approach, this article proposes that the principle of collaborative governance can be interpreted as a new administrative legal norm that must be institutionalized through positive regulation. Recommendations include the establishment of a permanent legal-based collaborative body, regulatory harmonization, and strengthening institutional accountability. Thus, the ABH protection system can become more effective, participatory, and socially just.
Co-Authors Gidion Arif Setyawan Hermawan Hermawan Yurizal Yurizal