<![CDATA[Abstract: The recognition of the living law principle in the National Criminal Code through Law Number 1 of 2023 marks a paradigmatic shift in Indonesian criminal law toward a system that is more responsive to substantive justice and human rights values. This study aims to analyze the position of the living law principle as a form of human rights recognition within the national criminal law framework and to examine its implications for the protection of the rights of children in conflict with the law. This research employs a normative legal research approach by examining statutory regulations and conducting comparative legal analysis. The findings indicate that, in terms of das sein, criminal law enforcement practices remain predominantly influenced by formalistic-legalistic and repressive approaches, which potentially disregard social context and the principle of the best interests of the child. Conversely, in terms of das sollen, the recognition of the living law principle requires criminal law to function as an instrument for the protection of human rights by prioritizing humanitarian values, restorative justice, and special protection for children. The living law principle provides space for judges and law enforcement officials to consider legal values living within society in resolving cases involving children, provided that its application remains constrained by human rights principles, legal certainty, and state oversight mechanisms. Therefore, the living law principle not only represents the recognition of legal pluralism but also plays a strategic normative role in strengthening the protection of the rights of children in conflict with the law within the national criminal justice system.Keywords: Living Law, Human Rights, Children in Conflict with the Law.]]>
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