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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.

Mohamad Ihsan Ramdani

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

This article analyzes the application of the hierarchy of norms in the decisions of the Constitutional Court concerning Law Number 17 of 2023 on Health using the perspective of Hans Kelsen’s Stufenbau theory. The enactment of the Health Law has generated significant legal debate and several constitutional review petitions submitted to the Constitutional Court, raising questions about the consistency between statutory norms and constitutional principles. This study aims to examine how the Constitutional Court applies the principle of hierarchical norms in reviewing the constitutionality of the Health Law and to assess the relevance of Stufenbau theory in explaining the interpretation of legal norms in constitutional adjudication. This research employs a normative juridical method using statute, conceptual, and case approaches. Primary legal materials consist of the 1945 Constitution, Law Number 17 of 2023 on Health, and relevant Constitutional Court decisions, supported by secondary legal materials from academic literature and legal studies. The findings show that the Constitutional Court consistently positions the 1945 Constitution as the highest norm within the Indonesian legal system and uses the hierarchy of norms as the basis for evaluating the validity of statutory provisions. The Court maintains the legal force of the Health Law when no normative conflict with the Constitution is identified, while in certain cases it provides constitutional interpretation to ensure the compatibility of statutory norms with constitutional principles. This study demonstrates that Stufenbau theory remains relevant as an analytical framework for understanding the hierarchical structure of legal norms and the operation of constitutional review within the Indonesian legal system.

Abdul Madjid Podungge; Fadel Ilato; Rizki Ayundari Putri

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

Civil servants play a crucial role in governance and development to achieve the national goals as stipulated in the Preamble to the 1945 Constitution of the Republic of Indonesia. Civil servants (PNS) are the primary foundation for the implementation of the Indonesian government system, as they implement public policy and provide public services. Their integrity, competence, and legal status significantly determine the quality of government bureaucracy. This study aims to determine the role of the Regional Civil Service Agency (BKD) in handling cases involving civil servants using fake diplomas during recruitment or promotion. The approach used is normative juridical, reviewing existing regulations, such as Law Number 5 of 2014 concerning the State Civil Apparatus, Government Regulations, and other technical regulations. Data were also obtained through interviews with BKD officials and analysis of relevant case documentation. The results of the study indicate that in practice, there is still a discrepancy between established legal procedures and their implementation in the field. Several cases indicate that administrative sanctions or termination of civil servants found to have used fake diplomas have not been fully based on proper verification and sanction mechanisms. This raises doubts about the validity of decisions and has the potential to undermine public trust in government institutions. This study emphasizes the importance of enforcing administrative discipline and improving internal oversight systems, as well as the need for stricter and more coordinated regulations between central and regional agencies to ensure that every administrative action has a valid legal basis. Implementing the principles of accountability and transparency in personnel management must be a priority to create a clean and professional bureaucracy.

Kelfin Eka Putra Banu; Richardus Wesly Teka; Claudio Xaverius Oematan; Alexadros Mone; Fransiska Owa Da Santo +1 more

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

Debt-receivable problems are classic problems in economic activities that if not resolved properly can result in legal uncertainty and losses to the parties involved. One of the legal instruments provided in the Indonesian legal system to resolve these disputes is through the bankruptcy mechanism. This study aims to review the legal provisions regarding bankruptcy as regulated in Law Number 37 of 2004 and evaluate the effectiveness of its implementation as a solution to resolving debt-receivable problems. The method used in this study is the normative legal approach, by reviewing statutory provisions, legal doctrine, and court decisions. The results of the study indicate that although normatively the bankruptcy mechanism has a clear legal structure, its implementation in the field still faces obstacles in terms of process efficiency, protection of creditor and debtor rights, and supervision of curators. Therefore, policy updates and optimization of the function of judicial institutions are needed to increase public trust in this mechanism.

Ana Sofia Herawati; Siti Mardah; Aida Vitria; Gusti Meinar Girda Ariani; Nurul Hasanah +1 more

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

This study aims to present a comprehensive bibliometric analysis of Intellectual Quotient (IQ), Emotional Quotient (EQ), and Spiritual Quotient (SQ) in an academic context, particularly focusing on the role of lecturers. Using bibliometric methods. The data for this study came from 300 English-language scientific articles published in 2023 from the Scopus and Google Scholar databases. The analysis was carried out using keyword co-occurrence techniques, overlay visualization, density visualization, and author collaboration networks. The findings show that there is a strong focus on developing conceptual frameworks and reviewing literature related to IQ, EQ, and SQ, indicating an effort to understand the integration of these three intelligences as the foundation for human resource development in higher education. However, several keywords were also found to be thematically irrelevant, suggesting challenges in data filtering or uniqueness of terminology between disciplines. Collaborative networks between authors tend to be fragmented, indicating the potential for fostering broader collaboration. The implications of this study theoretically reinforce the need for the integration of IQ, EQ, and SQ in understanding holistic intelligence, while practically encouraging higher education institutions to design lecturer development programs that balance these three aspects of intelligence to form superior character and performance

Amstrong Harefa; Jesslyn Elisandra Harefa

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

The principle of legality is a legal principle that states that every act may only be subject to sanctions if it has been stipulated in the legislation before the criminal act is committed. The research aims to analyze the necessity of a law before a criminal event occurs; analyze the assessment of an act that is not analogous; analyze the need for the principle of legality to protect individuals from arbitrary actions by judicial officers. The research method is the normative legal method, by adopting conventions, legislation, law books, journals, articles, the internet. Furthermore, comprehensively reviewing the literature so that maximum results are obtained. The results of the research, law enforcement that is fair, pure and consistent is still difficult to achieve considering that many officers still do not fully understand the meaning of the principle of legality so that they often make mistakes in considering imposing criminal sanctions, and often their decisions exceed their authority. Human rights are inherent rights in individuals, so individuals should get their rights. Protection of individual rights is mandated in the 1945 Constitution Article 28G paragraph (1) Article 28H paragraph (1). Legal certainty is a vital element in building an honest and fair legal strategy. It is expected that when laws are created, they should be in accordance with a systematic, democratic mechanism based on empirical observation results, so that errors in the application of the law can be minimized. Thus, all people get legal certainty where their rights are protected and maintained, on the other hand, each individual is aware not to do prohibited acts because every action has logical and firm consequences.