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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.

Kadek Dhyan Wahyuni; I Wayan Landrawan; Ni Ketut Sari Adnyani

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

This study examines the implementation of the Manak Salah tradition in Padang Bulia Customary Village from the perspectives of legal certainty and human rights protection. Manak Salah is a customary practice associated with the birth of opposite-sex twins, which in Balinese Hindu cosmology is considered a sacred event that may disrupt the balance between the sekala and niskala realms, thereby requiring purification rituals. Although the contemporary practice of this tradition has become more humane and no longer involves social exclusion, its regulation remains unwritten and has not been formally codified in the village’s Awig-awig (customary law). This condition creates the risk of multiple interpretations, legal uncertainty, and insufficient protection of the rights of children and affected families. This research employs an empirical juridical method with a qualitative approach, using interviews with customary leaders, field observations, and document analysis of statutory regulations and customary legal sources. The findings reveal that the absence of written norms causes the implementation of Manak Salah to rely heavily on the discretion of customary authorities, leading to potential inconsistency and normative vulnerability. This study emphasizes the urgency of codifying the Manak Salah tradition into the Awig-awig as a form of customary law reform aimed at ensuring legal certainty, strengthening institutional accountability within customary villages, and harmonizing customary law with Bali Provincial Regulation No. 4 of 2019 and fundamental human rights principles.

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.

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.

Arhaj, Muhammad Fiqhri; Nasibah, Asri Aryanti; Aisyah, Siti Nur; Ajijah Nugraha, Nabila Zahran; Putri, Melva Adinda +1 more

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

This study examines interfaith marriage and its impact on family economic rights from the perspectives of Islamic law and positive law in Indonesia, with a case focus on Sumedang Regency. Employing a qualitative phenomenological approach, the research involved semi-structured interviews with both traditional and modern Islamic scholars, along with an analysis of religious texts and statutory regulations. The findings reveal that the majority of scholars reject interfaith marriage based on Sharia principles and Article 2(1) of Law No. 1 of 1974 on Marriage. Nevertheless, some couples pursue such unions through administrative religious conversion or overseas ceremonies to obtain legal recognition. These practices often result in legal ambiguity regarding economic rights within the family—such as inheritance, joint property, and financial support—and may lead to familial disputes. Additional social consequences include identity confusion among children, community stigma, and potential conflicts within extended families. The study underscores the strategic role of institutions like Islamic boarding schools (pesantren) and the Office of Religious Affairs (KUA) in providing legal education and advocates the need for a responsive civil registration mechanism that acknowledges interfaith marriages while respecting Islamic legal principles. A contextual approach is proposed to bridge the tension between religious norms, legal certainty, and the protection of family economic rights.

Parlaungan Gabriel Siahaan; Ramona Febiola Simorangkir; Adelia Br Aritonang; Grace Claudia Valerina Saragih; Joya Urmila Lubis +2 more

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

This study aims to examine the legal protection of property brought into marriage that is mixed with joint property as a result of joint management in a marriage. In many cases, this mixing causes unclear legal status of the assets, especially during divorce or inheritance division. This study uses empirical normative legal methods with a qualitative descriptive approach. The data obtained were analyzed using data reduction, data presentation, and conclusion drawing techniques. This study shows that legal regulations in Indonesia related to the protection of property brought into marriage that is mixed with joint property due to joint management in marriage, and highlights the inconsistency of court decisions in such disputes and their impact on household economic stability. Law Number 1 of 1974 concerning Marriage and the Compilation of Islamic Law have distinguished between property brought into marriage and joint property, practice in the field shows that mixing of property due to joint management often causes conflict during divorce. Inconsistency in court decisions arises due to the unclear norms in Article 37 of the Marriage Law which provide room for different interpretations by judges. This has an impact on legal uncertainty and potential injustice, especially for parties who are socially or economically weaker. Mixed property disputes also affect household economic stability, exacerbate social inequality, and cause psychological burdens for family members, including children. This study recommends the need for more detailed regulatory updates, the issuance of technical guidelines by the Supreme Court to unify decision standards, and increased legal education for the community to prevent conflicts through marriage agreements.

Afrina Afrina; Linda Yarni

Jurnal Riset Rumpun Ilmu Sosial, Politik dan Humaniora 2023 Pusat Riset dan Inovasi Nasional

Foster parents play an important role in exploring and developing the creative potential of foster children. Foster parents play a very important role in motivating children, as well as directing the activities of foster children so that they are useful in the future. One of them is motivating and directing children to participate in creativity development activities in the form of handicrafts. Creativity is an important thing in a person's life because it can make a person more productive and improve the quality of life and make it easier to find a way out of a problem. Through children's orphanages with various activities that are able to develop themselves both physically and spiritually. Orphanages can also form children's personalities to become independent and accustomed to things that train children to be more perfect. The purpose of this study was to determine the role of foster parents in developing the creativity of orphanage children through training. This study used a qualitative approach with descriptive methods and data obtained through observation and interviews. The location of this research is located at the Yatim Putri Bhakti Orphanage, Ms. Lubuk Attitude. With this research, it can be seen that the role of foster parents in increasing the creativity of orphans through training at the Yatim Putri Bhakti Orphanage, Mrs. Lubuk Kapaning, is by providing handicraft training, orphanage children can develop their creativity and become independent.