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Malvin Malvin; Hartanto Hartanto; Budiman, Anwar

Jurnal Riset Rumpun Ilmu Sosial, Politik dan Humaniora 2026 Pusat Riset dan Inovasi Nasional

Criminal acts of assault against children constitute a serious violation of human rights that requires optimal legal protection by the state. As legal subjects, children are entitled to security, protection from violence, and guarantees for proper growth and development, as mandated by Pancasila, the 1945 Constitution of the Republic of Indonesia, and relevant child protection legislation. This study aims to conduct a juridical analysis of the legal considerations applied by judges in Decision Number 83/Pid.Sus/2020/PN.Kot concerning the criminal offense of assault committed against a child, as well as to assess their conformity with criminal law principles, child protection law, and the objectives of sentencing. This research employs a normative legal research method using statutory, conceptual, and case approaches, supported by primary, secondary, and tertiary legal materials. The findings reveal that although the legal basis applied refers to Law Number 35 of 2014 on Child Protection, the judicial considerations have not been comprehensively formulated, as they insufficiently incorporate sociological, criminological, and child-centered protection perspectives. Consequently, the sentence imposed is relatively lenient and fails to fully reflect the objectives of punishment, particularly deterrence and sustainable protection for child victims. Therefore, strengthening the quality of judicial reasoning and ensuring the optimal application of relevant legal provisions are essential to achieve legal certainty, justice, and effective protection for children as victims of violent crimes.

Alex Suhartanto; Weppy Susetiyo; M. Taufan Perdana Putra

Jurnal Riset Rumpun Ilmu Sosial, Politik dan Humaniora 2026 Pusat Riset dan Inovasi Nasional

This study examines the juridical aspects of guardianship applications by parents to obtain permission to sell a minor’s inherited land and analyzes the judicial considerations in Decision Number 199/Pdt.P/2025/PN Blt. The research employs an empirical juridical method with a sociological legal approach. Primary data were collected through interviews and case documents at the Blitar District Court, while secondary data consist of statutes, doctrine, and related literature. Qualitative-descriptive analysis was applied to interpret the findings. The study reveals that the guardianship application process involves both administrative and judicial stages. Judges scrutinize material evidence and the probity of sale objectives, weighing important principles such as utility, legal certainty, fairness, and justice. Guardians are granted limited authority to sell a minor’s property only if it can be proven to be in the child's best interest and legal protections are assured. Recommendations include strengthening post-decision monitoring, enhancing legal outreach, improving procedural transparency, and ensuring comprehensive implementation.

Kuky Andean Shintong Siagian

Jurnal Riset Rumpun Ilmu Sosial, Politik dan Humaniora 2026 Pusat Riset dan Inovasi Nasional

This study aims to analyze the investigation process involving children as perpetrators of trafficking in persons at the Women and Children Protection Unit (PPA) of Bukittinggi Police Resort and to assess the forms of legal protection provided at each stage of the examination. This research applies an empirical juridical approach by combining literature review and field research through interviews with investigators and related parties. The findings indicate that the investigation process has been conducted in accordance with Law Number 11 of 2012 concerning the Juvenile Criminal Justice System, while upholding the principle of the best interests of the child. Legal protection is implemented through legal assistance, closed hearings, limited detention periods, and coordination with relevant institutions to support the child’s recovery and rehabilitation. However, several obstacles remain, including the limited number of investigators, restricted investigation timeframes, and difficulties in presenting witnesses. This study concludes that legal protection for children involved as perpetrators of trafficking in persons has been carried out in line with normative regulations, yet it requires strengthened institutional capacity and inter-agency coordination to ensure more effective implementation.

Welly Oktrisni

Jurnal Riset Rumpun Ilmu Sosial, Politik dan Humaniora 2026 Pusat Riset dan Inovasi Nasional

Efforts to protect children in conflict with the law constitute a concrete manifestation of the state’s responsibility in implementing the principles of restorative justice. This study aims to comprehensively examine the implementation process of diversion at the Pengadilan Negeri Bukittinggi and to assess the extent to which its application achieves the primary objective of the juvenile criminal justice system, namely restoring the child’s social condition without emphasizing retribution. This research employs an empirical juridical approach by combining literature review and field research through interviews with judges, court clerks, and other relevant parties. The findings indicate that the implementation of diversion at the Pengadilan Negeri Bukittinggi has been carried out in accordance with Law Number 11 of 2012 concerning the Juvenile Criminal Justice System. The diversion process is conducted through deliberation involving the offender, the victim, their respective families, and supporting institutions under the guidance of a diversion facilitator. However, several challenges remain, including limited public understanding of the importance of restorative-based settlement, insufficient human resources with adequate competence in implementing diversion, and frequent failures in reaching agreements between offenders and victims. This study concludes that diversion in court proceedings is not merely a legal obligation but also an essential instrument in creating a more humane child-oriented justice system. Therefore, enhancing the competence of law enforcement officers and strengthening inter-agency coordination are necessary to support the sustainable success of diversion.

Damun Damun; Yasmirah Mandasari Saragih; Biner Sihotang

Jurnal Riset Rumpun Ilmu Sosial, Politik dan Humaniora 2026 Pusat Riset dan Inovasi Nasional

This research is motivated by the phenomenon of theft committed by 15-year-old adolescents in market environments, which creates tension between criminal law enforcement and the principle of child protection in the Indonesian legal system. The study aims to analyze the legal regulations of theft under the old Criminal Code (Law No. 1 of 1946), the new Criminal Code (Law No. 1 of 2023), and the Juvenile Criminal Justice System Law; to examine the criminal liability of adolescents from the perspective of criminal law theory; and to review the implementation of restorative justice and diversion. The research method used is normative legal research with statutory, conceptual, and case approaches, particularly reviewing the provisions of Article 591 of the new Criminal Code, the theory of fault, and the principle of proportionality. The results indicate that the criminal liability of children must take into account psychological limitations, maturity levels, and criminogenic factors, including the influence of the social environment. Furthermore, the mens rea element in the phrase "known or reasonably suspected" is difficult to apply in practice to transactions involving small losses, as price reasonableness can obscure indications of malicious intent. This finding affirms that imposing criminal penalties on children in cases of petty theft potentially contradicts the principles of ultimum remedium and proportionality. Therefore, law enforcement should prioritize diversion, mediation, and restorative justice approaches by involving families and communities to achieve substantive justice and prevent excessive criminalization of children.

Cynara Alya Zhafirah; Nunung Rodliyah; Kasmawati Kasmawati; Elly Nurlaili; Sayyidah Sekar Dewi Kulsum

Jurnal Riset Rumpun Ilmu Sosial, Politik dan Humaniora 2026 Pusat Riset dan Inovasi Nasional

This study discusses the judge’s considerations in granting child custody of a non-mumayyiz (underage) child to the biological father in the Religious Court Decision of Tanjung Karang Number: 1379/Pdt.G/2024/PA.Tnk. Generally, according to Islamic law and the Compilation of Islamic Law (KHI), custody of a non-mumayyiz child is granted to the biological mother. However, in this case, the panel of judges decided to grant custody to the biological father. The purpose of this research is to identify the legal reasoning behind the judge’s decision and the legal implications of such a ruling. The study employs a normative juridical method with a descriptive-analytical approach, supported by primary data obtained through interviews and secondary data from legislation and legal literature. The results show that the judge’s consideration was based on the best interest of the child principle, as the mother had remarried a non-Muslim man and converted to another religion, which made her ineligible to be the custodian under Islamic law. The legal implication of this decision reinforces the authority of judges to interpret hadhanah provisions contextually, ensuring the protection of the child’s rights and supporting their growth in accordance with religious teachings and prevailing social norms.

Florensia Calista Putri Tembu; Anak Agung Ayu Intan Puspadewi; I Gede Agus Kurniawan; I Gusti Ayu Eviani Yuliantari

Jurnal Riset Rumpun Ilmu Sosial, Politik dan Humaniora 2026 Pusat Riset dan Inovasi Nasional

This study examines the increasing incidence of land disputes in Indonesia, particularly those arising from unlawful acts in the form of unauthorized land occupation, which generate legal uncertainty and result in both material and immaterial losses for rightful landowners. The growing number of such cases highlights the urgent need for fair and firm legal protection, especially when land occupation has occurred over a long period and complicates the recovery of ownership rights. This research specifically analyzes Decision Number 267/Pdt.G/2020/PN Kpg, a case involving the occupation of part of the plaintiff’s certified land by the defendant. The general objective of the study is to gain a comprehensive understanding of the legal mechanisms for restoring land rights affected by unlawful land occupation, while the specific objectives are to identify the form of the unlawful act committed and to analyze the legal process used to recover the disputed land rights. The research employs a normative legal method based on the analysis of secondary data, including legislation, legal doctrines, and court decisions. The approaches applied consist of statutory, conceptual, and case approaches, using juridical-descriptive analysis techniques. The findings are expected to identify unauthorized land occupation through boundary expansion as a form of unlawful act and to explain the recovery mechanism through civil litigation and the validation of land boundary re-measurement reports. This study is expected to contribute theoretically to agrarian and civil law development and practically to improving land dispute resolution procedures and public legal awareness.

Dewi, Putu Nanda Sukma Pradnya; Anggreni, Ni Wayan Yuli

Jurnal Riset Rumpun Ilmu Sosial, Politik dan Humaniora 2026 Pusat Riset dan Inovasi Nasional

This study discusses the dynamics of interpersonal communication between mothers and children in dealing with family conflicts. Conflict is a natural part of interpersonal relationships, but the way it is managed determines the quality of long-term relationships. Interpersonal communication is an important element because through the process of exchanging messages, mothers and children can express their feelings, understand each other's perspectives, and find an agreement that can be accepted by both parties. This study uses a qualitative approach with a literature review method to examine communication patterns, barriers, and strategies used in the conflict resolution process. The results of the study showed that open communication, empathy, emotional presence, and active listening skills greatly influenced the success of conflict management. In addition, research has found that the alignment of verbal and nonverbal messages, the use of non-judgmental language, and mutual respect can create an atmosphere conducive to dialogue. This study makes a theoretical contribution to understanding modern family relations and practical implications for strengthening communication in dealing with mother-child conflicts.

Intan Nur’Aini; Anggita Lailatun Ni’mah; Aurellia Mirabel Fredlyna

Jurnal Riset Rumpun Ilmu Sosial, Politik dan Humaniora 2026 Pusat Riset dan Inovasi Nasional

The establishment of the age limit for children up to 18 years in Indonesian law is a normative instrument that aims to ensure legal certainty and child protection. This provision is adopted in various laws and regulations as a form of the state's commitment to fulfilling children's rights. However, in law enforcement practice, the application of this age limit often causes problems when faced with the dynamics of actual cases that reveal a discrepancy between the normative age and the social, psychological, and factual conditions of the child. This condition creates tension between the legal-formal approach that emphasizes legal certainty and the need for substantive justice oriented towards the best interests of the child. This study aims to analyze the problems of applying the age limit of 18 years in the context of actual cases and to examine how the tension between legal certainty and the reality of children is reflected in law enforcement practices in Indonesia. The research method used is normative legal research with a legislative and conceptual approach, as well as normative qualitative analysis. The results of the study show that the rigid application of the age limit for children has the potential to ignore the contextual aspects of children and give rise to inconsistencies in practice. Therefore, a more contextual legal approach is needed through strengthening the discretion of law enforcement officials and progressive interpretation by judges in order to achieve substantive justice and optimal protection for children.

Mufidatul Ahada; Felicitas Sri Marniati; Khoirul Anwar

Jurnal Riset Rumpun Ilmu Sosial, Politik dan Humaniora 2025 Pusat Riset dan Inovasi Nasional

Based on the Constitutional Court Decision Number: 46 PUU-VIII/2010, Article 43 Paragraph (1) of the Marriage Law states that a child born outside of marriage has a civil relationship with their mother and her family, as well as with the man as their father, which can be proven by science, technology, and/or other legal evidence. The child also has a blood relationship, including a civil relationship with the father's family. Inheritance for an illegitimate child through a will is allowed, but it often causes disputes as it is considered to harm the inheritance rights of legitimate children. This study aims to analyze the resolution of inheritance disputes between an illegitimate child who receives a will and a legitimate child according to civil law, as well as the legal protection of an illegitimate child in disputes with a legitimate child. The method used is normative juridical research with a literature study, using primary, secondary, and tertiary legal sources. The approaches used include the Statutory Approach, Conceptual Approach, Analytical Approach, and Case Approach. The research results show that the dispute resolution starts with a non-litigation route through deliberation, but if unsuccessful, the illegitimate child resorts to the contending method to defend their inheritance rights. The researcher recommends amendments to Article 874 of the Civil Code to grant the right to a will for an illegitimate child as long as it does not exceed the legitime portie, and to create codification related to marriage property law and wills.

Putu Sherly Chandra Sasmitha; Ni Gusti Agung Ayu Mas Tri Wulandari; Ni Nyoman Juwita Arsawati; Putu Eva Ditayani Antari

Jurnal Riset Rumpun Ilmu Sosial, Politik dan Humaniora 2025 Pusat Riset dan Inovasi Nasional

The advancement of information technology has brought significant changes to society but also generated new crimes, such as online child sexual exploitation (cybersex trafficking). This study examines this phenomenon by focusing on the live streaming application "HOT51," which is frequently used as a medium for child exploitation. The research employs a qualitative descriptive analysis method based on secondary data from official reports and related literature. Findings indicate that the easy access to modified APK applications facilitates sexual exploitation of children, the most vulnerable group. Indonesian regulations already address child protection, but implementation faces challenges such as low digital literacy and weak supervision of digital platforms. This study emphasizes the need for tightened monitoring, digital literacy education, and active parental roles to reduce the risk of sexual exploitation in the digital realm. The contribution lies in enhancing understanding of child protection challenges in the digital era and highlighting the importance of adaptive regulations and multi-stakeholder cooperation to safeguard child rights and safety.

Yuni Kamilaini; Muhammad Arifin; Isnina Isnina

Jurnal Riset Rumpun Ilmu Sosial, Politik dan Humaniora 2025 Pusat Riset dan Inovasi Nasional

Inheritance law in Indonesia is pluralistic because it is influenced by three legal systems, namely customary law, Islamic law, and western civil law (Burgerlijk Wetboek) which is a legacy of the Dutch colonial era and divides the population based on legal classes. This diversity of legal systems also influences inheritance practices in Chinese society which traditionally adheres to a patrilineal system, where sons are prioritized over daughters in the distribution of inheritance. This study aims to analyze the inheritance law regulations for Chinese society, the development of inheritance practices that occur, and the legal considerations used by judges in the Supreme Court Decision Number 147K/Pdt/2017. The research method used is normative-empirical legal research with a statutory approach, cases, and legal identification, as well as assessing the effectiveness of legal implementation through literature studies and interviews. The results of the study indicate that the Supreme Court decision confirms the equality of inheritance rights between sons and daughters. This marks a shift in the Chinese inheritance system from patrilineal customs to the application of the provisions of the Civil Code, which upholds the values ​​of justice and gender equality.

Alwi Bin Syeh Abubakar; Felicitas Sri Marniati; M. Slamet Turhamun

Jurnal Riset Rumpun Ilmu Sosial, Politik dan Humaniora 2025 Pusat Riset dan Inovasi Nasional

Guardianship has an important role in supervising minors, including the management of their parents' inherited property as stipulated in Article 51 paragraph (3) of the Marriage Law. However, the practice shows that there is an abuse of authority by the guardian, who controls and even transfers inheritance not for the benefit of the child. This research aims to examine the legal consequences of the transfer of the inheritance of minors to guardians as well as the forms of legal protection available, with a case study of the Banten High Court Decision Number 89/Pdt/2015/PT BTN. The method used is normative legal research with legislative, conceptual, analytical, and case approaches, and uses legal consequences theory from R. Soeroso and legal protection theory from Satjipto Rahardjo. The results of the study show that the control of property by the guardian can cause the loss or escape of the child's inheritance, especially if there is no strict supervision and regulation. Therefore, it is necessary to affirm the legal status of children's inheritances, regulate the authority of guardians more strictly, and apply effective legal sanctions to prevent abuse. The litigation route is an important instrument in legal protection so that children can regain their rights fairly. This research contributes to strengthening the guardianship legal system in Indonesia, especially in the context of protecting children's rights to inheritance.

Dielasy Budiarti; Yandi Saputra

Jurnal Riset Rumpun Ilmu Sosial, Politik dan Humaniora 2025 Pusat Riset dan Inovasi Nasional

The practice of surrogacy in Indonesia is growing despite the absence of clear legal regulations, creating uncertainty in the protection of surrogates, children, and those who use surrogacy services. Although several countries have regulations governing this practice, Indonesia still faces a legal vacuum that leaves many parties vulnerable to exploitation. This study aims to analyze aspects of legal protection, reproductive rights, children's interests, and women's dignity in the context of surrogacy in Indonesia, with the aim of formulating a more adaptive and equitable regulatory framework. The method used in this study is a normative juridical approach, with analysis using AMOS-based Structural Equation Modeling (SEM) of relevant legal documents and existing scientific literature. This research involves an analysis of existing regulations, cases related to surrogacy, and the opinions of legal experts and the public. The results show significant differences in legal protection between surrogates and children involved in surrogacy practices. Furthermore, there is uncertainty regarding the status of children born through surrogacy practices, which impacts their rights, particularly in terms of legal recognition and access to their human rights. This study also emphasizes that protecting women's reproductive rights and maintaining their dignity must be an integral part of surrogacy regulations. Clear and comprehensive regulations have been shown to improve protection for surrogates, children, and other related parties, as well as prevent potential exploitation. The implications of this study are the importance of establishing legislation specifically governing surrogacy practices in Indonesia, where such policies must focus on justice, child rights protection, and gender equality.

Robiatul Fitriah; Yogi Nugraha; Nadya Putri Saylendra

Jurnal Riset Rumpun Ilmu Sosial, Politik dan Humaniora 2025 Pusat Riset dan Inovasi Nasional

This study aims to determine the role of parents in fulfilling the right to education for girls based on the implementation of Article 31 Paragraph (1) of the 1945 Constitution in the region. This study uses a qualitative descriptive approach with data collection methods in the form of interviews, observations, and documentation. Informants in this study consisted of village heads, parents, and girls who dropped out of school. Data analysis was carried out using the interactive model of Miles and Huberman which includes data reduction, data presentation, and drawing conclusions. The results of the study revealed that some parents showed a high awareness of the importance of education for girls and provided real support by sending their children to school to a certain level of education. However, there are also parents who still limit their children's education to only a certain level, mainly due to limited economic reasons and the influence of cultural values ​​rooted in society. Factors such as economic dependence on girls and the view that higher education is not necessary for women are obstacles in realizing equal access to education. The implementation of Article 31 Paragraph (1) of the 1945 Constitution at the village level has not been optimal because there are no specific policies or programs from the village government that actually guarantee the right to education for girls. This study concludes that parental involvement plays an important role in addressing the inequality of access to education for girls in rural areas, and further support is needed from the government and the community to create an environment that is more supportive of girls' education. The implementation of more inclusive policies based on the needs of the local community is also very necessary to ensure that girls' right to education can be properly fulfilled.

Suyanti Suyanti

Jurnal Riset Rumpun Ilmu Sosial, Politik dan Humaniora 2025 Pusat Riset dan Inovasi Nasional

This study aims to determine the use of flashcard learning media in improving the communication skills of autistic children. Autistic children often experience obstacles in communicating, both verbally and nonverbally, so interactive and visual learning methods are needed. Flashcards were chosen as the media because of their simple, interesting, and easy-to-use nature to convey information visually. This study uses a quantitative approach with an experimental research design. The subjects of the study were autistic children aged 4-6 years who attended Anggrek Mandiri Inclusive Kindergarten. It is hoped that this study will be able to improve the communication skills of autistic children, both in recognizing words and understanding certain concepts.

Ailsa Iftinah Bahy; Zainal Abidin; Ema Ema

Jurnal Riset Rumpun Ilmu Sosial, Politik dan Humaniora 2025 Pusat Riset dan Inovasi Nasional

Drawing on the participants' concrete lived experiences, this study explores how the processes of typification and we-relations shape the construction of meaning in everyday interactions. Data were collected through in-depth interviews and participant observation with four informants and one single caregiver, and analyzed descriptively texturally and structurally. The findings show that affective communication includes empathy, humor, and firm but authoritative correction that become the foundation for the formation of emotional bonds and a sense of “new family.” Holistic routines (praying in congregation, studying, social activities) facilitate the internalization of religious values, discipline, and independence, which in turn strengthen children's self-identity. The process of meaning construction does not only occur through words, but through daily practices that bring together the emotional, spiritual and social dimensions. These results recommend strengthening intersubjective communication training for caregivers in similar institutions to support the development of character and identity of orphans.

Regita Cahyani Adiningsih; Aprida Simamora; Anna Chirsty Br Ginting Manik; Lovi Dwita; Hairani Siregar

Jurnal Riset Rumpun Ilmu Sosial, Politik dan Humaniora 2025 Pusat Riset dan Inovasi Nasional

Children are the next generation and the hope for the nation's future. However, not all children have the opportunity to grow up in a complete and supportive family environment. The Menara Kasih Indonesia Orphanage Foundation serves as a social solution for children who have lost their parents or are in a state of neglect. This research aims to examine how the background, social services, and caregiving patterns are implemented in this orphanage. The methods used were literature study, descriptive qualitative with observation, and direct interviews with the orphanage administrators and one of the children from the orphanage. The research results show that this orphanage applies a warm and supportive familial parenting style, where the staff actively play the role not only as parental substitutes but also as companions in the children's learning process. The caretakers help the children with their schoolwork and provide emotional support. However, in terms of funding and facilities, the Menara Kasih Indonesia Orphanage Foundation still has limitations.

Agus Panahatan Panjaitan; Adi Putra Prajitna; Ade Nugroho; Agung Ramanto

Jurnal Riset Rumpun Ilmu Sosial, Politik dan Humaniora 2025 Pusat Riset dan Inovasi Nasional

The Child Protection Law affirms that the state guarantees children's rights to “protection from violence” as stipulated in the 1945 Constitution. This paper examines child abuse within the framework of Indonesian positive law using a normative approach and legal philosophy (positivism). The focus of the analysis is to what extent legal norms (such as the Child Protection Law, the Criminal Code, the Domestic Violence Law, etc.) align with the values of justice and children's human rights. A normative approach is used to analyze the laws and legal literature, while the philosophical approach, particularly the positivist ideas of Hans Kelsen and H.L.A. Hart, is employed to understand the relationship between legal norms and the concept of justice. The analysis reveals that although child protection regulations exist, their implementation on the ground tends to be legalistic, often neglecting humanitarian and justice elements. This study emphasizes the need for alignment between legal norms and substantive justice and the protection of children's human rights. The implication of this research is the need for a legal policy that is more responsive to children's rights and justice.

Andreas Nainggolan; Rahmayanti Rahmayanti; Masitah Pohan

Jurnal Riset Rumpun Ilmu Sosial, Politik dan Humaniora 2025 Pusat Riset dan Inovasi Nasional

The exploitation of street children is a complex social problem in Indonesia, especially in large cities. Children living on the streets are highly vulnerable to exploitation. Although the government has regulated child protection through Law No. 35 of 2014 as a revision of Law No. 23 of 2002, the implementation of these protections has not been optimal in practice. This study aims to analyze the implementation of the Child Protection Law in addressing the exploitation of street children, identify obstacles in its implementation, and evaluate the suitability of legal norms with their practices. This study uses a normative legal method with a descriptive qualitative approach, based on an analysis of legal documents, scientific literature, and relevant data. The results of the study show that the implementation of child protection still faces many obstacles, such as a lack of supporting facilities, poor coordination between institutions, a lack of education for the community, and weak law enforcement. In addition, there is still a gap between ideal legal provisions and practices in the field. In conclusion, child protection is not sufficient with regulations alone but also requires integrated, sustainable, and participatory implementation so that Indonesian children, especially street children, can live safely, be protected, and develop optimally.