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All Journal Klausula: Jurnal Hukum Tata Negara, Hukum Adminitrasi, Pidana dan Perdata Jurnal Dinamika Hukum
Lukman, Dian Arlesti
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Humanities Law, Crime, Criminology & Criminal Justice Social Sciences

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Advancing the Protection of Child Victims of Crime: A Comparative Study of Indonesia and the Philippines Pangestuti, Erly; Lukman, Dian Arlesti; Dewi, Retno Sari; Monzon, Jessica Mae S.
Jurnal Dinamika Hukum Vol 26 No 1 (2026)
Publisher : Faculty of Law Universitas Jenderal Soedirman

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20884/1.jdh.2026.26.1.18570

Abstract

The protection of children as victims of crime remains one of the major challenges in modern child protection legal framework systems, particularly in developing states such as Indonesia and the Philippines. Although both states have constitutional commitments and national policies aimed at safeguarding children’s rights, the implementation of protection for child victims often encounters structural, cultural, and institutional obstacles. This article examines the role of child protection legal framework in strengthening the protection of child victims through a comparative analysis of legal frameworks, policies, and law enforcement practices in both states. The study employs a comparative legal research method by analyzing relevant legislation, jurisprudence, and public policies on child protection. The findings indicate that Indonesia and the Philippines both possess a strong legal foundation for child protection, as reflected in the Child Protection Law of 2002 (amendment 2014 and 2016) and the Philippines’ Republic Act No. 7610 of 1992. However, the effectiveness of implementation remains limited due to inadequate inter-agency coordination, resource constraints, and a lack of sensitivity among law enforcement officials toward child victims. This study underscores that child protection legal framework plays a crucial role not only as a normative regulatory instrument but also as a means of social engineering that promotes justice and the well-being of child victims of crime. The main recommendations include strengthening institutional capacity, enhancing training for law enforcement personnel, and harmonizing cross-sectoral policies to achieve more effective and sustainable child protection.
Digital Press In The Era Of Disruption: Reconstructing The Legal Framework Toward Responsible Freedom Of Information In Indonesia Lukman, Dian Arlesti; Djatmika, Prija; Sugiri, Bambang; Yuliati, Yuliati
KLAUSULA (Jurnal Hukum Tata Negara Adminitrasi Dan Pidana) Vol 5 No 1 (2026): KLAUSULA (Jurnal Hukum Tata Negara, Hukum Adminitrasi, Pidana Dan Perdata)
Publisher : Universitas Islam kadiri

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32503/klausula.v5i1.8867

Abstract

The era of digital technological disruption has structurally altered the press ecosystem in Indonesia. The presence of media entities operating online without established institutional infrastructure — academically termed "homeless media" — raises fundamental legal issues not yet adequately accommodated by Law Number 40 of 1999 on the Press. This research aims to analyze the legal framework for the digital press in Indonesia in the context of technological disruption, identify existing normative gaps, and formulate a legal framework reconstruction capable of realizing responsible freedom of information. This research employs a normative juridical method with four approaches: statutory, conceptual, historical, and comparative law. Comparative studies were conducted on the digital press regulatory systems of South Korea, the United Kingdom, Australia, and Germany. The findings identify five main normative gaps: (1) the absence of an inclusive definition of digital press legal subjects; (2) the inadequacy of online media verification mechanisms; (3) the weakness of digital journalist protection; (4) ambiguity in liability regimes; and (5) normative disharmony between the Press Law and the Electronic Information and Transactions Law (EIT Law). Legal reconstruction is required through a progressive legal paradigm that prioritizes the social function of the press over institutional formalism
Co-Authors Monzon, Jessica Mae S. Pangestuti, Erly Prija Djatmika, Prija Retno Sari Dewi, Retno Sari Sugiri, Bambang Yuliati -