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Ahmad Irzal Fardiansyah
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Ius Poenale
Published by Universitas Lampung
ISSN : 27232638     EISSN : 27459314     DOI : https://doi.org/10.25041/ip
Core Subject : Social,
Law, Crime, Criminology & Criminal Justice Social Sciences
Ius Poenale is an international journal based in Lampung, Indonesia that is issued by the Faculty of Law-Universitas Lampung and aims to yield access to research to motivate studies and knowledge evolution. Ius Poenale is a medium of communication and the development of criminal law that covers on the criminal justice system, legal comparison, juvenile justice system, and fisheries court. To discuss these matters, the Ius Poenale journal provides research or conceptual studies on criminal law that specifically highlights criminology, victimology, and military court. Ius Poenale publishes two issues in a year, these issues are available both print and online. Ius Poenale provides articles in English.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 72 Documents
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Criminal Liability for Sexual Intercourse Against Children: Victim Protection and the Application of Restorative Justice in Indonesian Criminal Law Yudiawati, Monicha Dwi; Prasetyo, Yogi; Wibowo, Sugeng
Ius Poenale Vol. 6 No. 2 (2025)
Publisher : Faculty of Law, Universitas Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25041/ip.v6i2.4924

Abstract

Sexual intercourse with children is a criminal offense that causes long-term physical, psychological, and social harm. The dominance of retributive sentencing raises concerns about the marginalization of victim recovery and restorative justice. This study examines whether Indonesian criminal law, in practice, has integrated victim-oriented protection and restorative principles in adjudicating sexual offenses against minors. Using normative legal research with a case approach, it analyzes statutory child protection provisions and the ratio decidendi of Ponorogo District Court Decision Number 16/PID.SUS/2025/PN Png, focusing on the construction of fault (schuld), judicial reasoning, and sentencing orientation, particularly regarding juvenile consent and restorative justice. The findings show that the court strictly applied Article 81 paragraph (2) of the Child Protection Law, affirming the legal irrelevance of a child’s consent and recognizing persuasion through promises of marriage as sufficient to establish intent (dolus). The defendant was sentenced to eight years’ imprisonment and a fine of IDR 200 million, reflecting a predominantly retributive and deterrent approach. However, the judgment gave limited attention to restorative justice, as victim recovery, psychological rehabilitation, and participatory restorative measures were not explicitly incorporated into the sentencing rationale..
Criminal Law Reform: Restorative Justice and Child Protection in the 2023 Criminal Code (KUHP) Senjaya, Oci; Koswara, Indra Yudha
Ius Poenale Vol. 6 No. 2 (2025)
Publisher : Faculty of Law, Universitas Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25041/ip.v6i2.5063

Abstract

This study examines criminal law reform in relation to the application of restorative justice and child protection under the 2023 Criminal Code (KUHP). It addresses two research questions: (1) how the principle of restorative justice is applied in the 2023 KUHP in cases involving children, and (2) the extent to which the 2023 KUHP guarantees legal protection for children as victims and perpetrators of criminal acts. The research uses a normative doctrinal method with a literature study approach to relevant legislation and legal doctrines. The study identifies a gap in the implementation of restorative justice, which has not yet fully accommodated the need for comprehensive child protection. The findings indicate that the 2023 Criminal Code represents significant progress in integrating restorative justice as an alternative mechanism for resolving criminal cases; however, legal protection for children still requires stronger implementation mechanisms to align with the principles of children’s rights and the special protection mandated by national and international law.

Page 8 of 8 | Total Record : 72

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