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Samsuto Samsuto; Khalimi Khalimi

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

Illegal logging is a serious environmental problem in Indonesia due to its direct impact on forest destruction, biodiversity loss, and increased carbon emissions. The Indonesian government has established various public policies and legal instruments to address illegal logging practices, such as the Forestry Law, the licensing system, and strengthening law enforcement agencies. However, the effectiveness of these policies remains a concern, given that illegal logging cases continue to occur in various regions. This study aims to assess the effectiveness of public policies in enforcing environmental law, focusing on illegal logging cases in Indonesia. The method used in this study is a normative juridical approach by examining regulations, government policies, and secondary data from reports from relevant institutions and previous research results. Analysis shows that despite comprehensive public policy design, its implementation still faces various obstacles, such as weak oversight, poor coordination between institutions, limited human resources, and corrupt practices. Furthermore, social and economic factors in communities surrounding forests also influence the success of environmental law enforcement. Therefore, strengthening law enforcement agencies, transparency and accountability, and active community involvement in forest management are essential. With these improvements, public policy is expected to be more effective in preventing and combating illegal logging for the sake of environmental sustainability in Indonesia.

Mardian Idris Harahap; Alwi Murad Sofi Hasibuan; Febriani br Ginting; Alya Qais Tsabitah; Mora Nanda Tambak +5 more

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

This article examines the relationship between Islamic politics and democracy in contemporary Indonesia. As the country with the largest Muslim population in the world, Indonesia presents a distinctive dynamic in the interaction between Islamic values and modern democratic systems. This study aims to analyze how Islamic political actors, including political parties and religious organizations, interact with and adapt to democratic practices in the post-Reform era. The research employs a qualitative method through a literature review of Indonesian academic journals published within the last five years. The findings indicate that Islamic politics in Indonesia is plural and dynamic, showing an adaptive tendency toward democratic principles. Islamic values such as deliberation (shura), justice, and equality are considered compatible with democratic ideals. However, Islamic politics also faces contemporary challenges, including the politicization of religion, identity politics, and social polarization. The article concludes that the relationship between Islamic politics and democracy in Indonesia is dynamic and largely adaptive within the framework of the Pancasila state.

Hasna Zahra Wahyuni; Rafli Ramdan; Husnaini Amiroh; Humaeroh Humaeroh

Jurnal Begawan Hukum (JBH) 2026 Lembaga Pengabdian Masyarakat Universitas Ichsan Gorontalo

This article examines marriage law within Indonesian customary law communities and its interaction with national legal regulations. In customary societies, marriage is not merely a personal bond between a man and a woman, but a social institution involving extended families and the wider community. The study aims to describe the various forms of customary marriage, the requirements for its validity, and the procedures for legalization, including the recognition of marriages among adherents of indigenous belief systems. This research employs a normative juridical approach using statutory and conceptual analysis based on relevant legal provisions and customary practices. The findings show that customary marriage systems in Indonesia are strongly influenced by kinship structures such as patrilineal, matrilineal, and parental systems, resulting in diverse forms including bridewealth marriage, semenda marriage, independent marriage, mixed marriage, and elopement. The validity of marriage in customary law is closely connected to religious or belief-based rituals and community acknowledgment. Furthermore, developments in national law, particularly Law Number 1 of 1974 on Marriage and Constitutional Court Decision Number 97/PUU-XIV/2016, have strengthened legal recognition for followers of indigenous beliefs in marriage registration. The study concludes that customary marriage law remains relevant and continues to coexist with national law, reflecting Indonesia’s legal pluralism and cultural diversity.

Susita Rahayu; Daroe Iswatiningsih

Jurnal Riset Rumpun Ilmu Bahasa 2026 Pusat riset dan Inovasi Nasional

The Brokohan Sapi tradition in Tempursari Village, Donomulyo District, Malang Regency represents a form of local wisdom that embodies cultural and symbolic values through the use of ubo rampe. This study aims to describe the forms, meanings, and cultural values of ubo rampe in the Brokohan Sapi tradition. The study employs a qualitative method with a symbolic anthropological approach as proposed by Clifford Geertz. Data were collected through observation, interviews, and documentation, and were analyzed using an interactive analysis technique involving data reduction, data display, and conclusion drawing. The findings reveal that ubo rampe is systematically arranged in the form of food offerings, including core dishes, complementary dishes, and spiritual elements. Each component of ubo rampe carries symbolic meanings related to gratitude, safety, fertility, and hopes for prosperity. The cultural values embedded in the tradition include religious, social, ecological, economic, and philosophical values that are integrated into ritual practices. The implications of this study indicate that the Brokohan Sapi tradition functions as a medium for cultural preservation and can be utilized as a local wisdom-based learning resource in Indonesian language and literature education.

Jahro Jahro; Mohammad Rafli

Jurnal Ilmu Pertahanan, Politik dan Hukum Indonesia 2026 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

This study examines the effectiveness of legal protection for victims of cyberbullying in Indonesia from a victimological perspective. The rapid development of information technology and social media has led to an increase in cyberbullying cases, which significantly impact victims psychologically, socially, and emotionally. However, existing legal protections are often considered inadequate in addressing the needs of victims. This research aims to analyze the existing legal framework, evaluate its effectiveness, and assess the position of victims within the criminal justice system. The method used is normative legal research with statutory, conceptual, and victimological approaches, relying on secondary data from relevant legal literature and scientific journals. The findings indicate that although regulations such as the Electronic Information and Transactions Law (ITE Law) provide a legal basis, their implementation remains ineffective due to weak law enforcement, lack of victim-oriented approaches, and limited awareness of victims’ rights. Therefore, strengthening victim protection through a victimological approach, legal reform, and the application of restorative justice is necessary to ensure justice and recovery for victims.           

Doni Surya Saputra; Adlina Agis Pratiwi

Journal of Law and Administrative Science (JLAS) 2026 Universitas Teknologi Surabaya

The enactment of Law Number 1 of 2023 concerning the Criminal Code marks a pivotal moment in Indonesia’s effort to reform and decolonize its national penal system. Among its most significant departures from prior codifications beyond the elimination of the misdemeanor category is the removal of capital punishment as a primary sanction. This measure reflects a longstanding view that the death penalty is incompatible with Indonesian cultural values and, by extension, inconsistent with Pancasila as the supreme source of national law. This study investigates Pancasila’s function as the philosophical cornerstone in structuring the criminal justice system and defining the purposes of punishment within the National Criminal Code. Employing normative legal research through statutory and conceptual approaches, the findings reveal that the open character of Pancasila ideology accommodates an explicit legislative articulation of penal objectives embracing retributive, corrective, rehabilitative, and restorative orientations simultaneously. Article 51 of the new Criminal Code further demonstrates substantive congruence with Pancasila’s five principles: (1) the preventive objective embodies the Second Principle on just and civilized humanity; (2) the social reintegration of convicts is anchored in the Fifth Principle of social justice; (3) conflict resolution reflects the Third and Fourth Principles on national unity and deliberative democracy; and (4) cultivating genuine remorse in offenders expresses the First Principle of belief in the One Almighty God. Taken together, the national criminal law reform has successfully elevated Pancasila from an abstract foundational norm into a functioning normative guide for the conduct of criminal justice.

Sofiatun Maemunatun; Obadiah Deoriesti Utomo; Saputri Wulandari; Devinia Devinia; Nur Rasdianto +1 more

Jurnal Ilmu Hukum Sosial dan Humaniora 2026 Lembaga Pengembangan Kinerja Dosen

The increase in national divorce rates based on data from the Central Statistics Agency in 2024, which reached 394,608 cases and rose to 438,168 cases in 2025, indicates that family conflicts remain a legal and social issue affecting family resilience, child protection, and social stability in society. In the Indonesian legal system, divorce is fundamentally placed as a last resort (ultimum remedium) after reconciliation thru mediation, as regulated in Law Number 1 of 1974 on Marriage, as amended by Law Number 16 of 2019, Supreme Court Regulation Number 1 of 2016 on Mediation Procedures in Court, and provisions in Law Number 18 of 2003 on Advocates. However, studies on the optimization of the preventive role of advocates in divorce mediation are still relatively limited, even tho advocates hold a strategic position as independent law enforcers within the judicial system. This research aims to analyze the legal position of lawyers in divorce mediation and to formulate the optimization of the lawyer's role in preventing avoidable divorces. The research uses a normative juridical method with legislative, conceptual, case, and comparative approaches thru the analysis of various related regulations, legal doctrines, and scientific literature. The research results show that lawyers not only function as legal representatives in litigation processes but also have a preventive role as legal advisors, negotiators, and facilitators of peaceful family dispute resolution. The optimization of these roles can be achieved thru the provision of objective legal advice, early identification of the root causes of family conflicts, facilitation of communication between parties, and collaboration with mediators and family counselors in the mediation process.

Panji Lanjuardi; Bahrul Ulu; Hermanto Harun; Abdul Halim

International Journal of Sociology and Law 2026 Asosiasi Penelitian dan Pengajar Ilmu Hukum Indonesia

This study aims to examine the normative construction and practical implementation of criminal sanctions against narcotics abusers from the perspectives of Islamic criminal law and Indonesian positive law, as well as to formulate an integrative policy model that is more just, humane, and context-sensitive in Bungo Regency. Narcotics abuse constitutes a multidimensional problem involving legal, social, moral, and public health dimensions. Therefore, a comprehensive approach is required to integrate the normative values of Islamic criminal law with the national legal system. This research employs a normative-empirical approach using comparative legal analysis, examining statutory regulations, doctrines of Islamic criminal law, and law enforcement practices at the local level. The findings indicate that Islamic criminal law frames narcotics abuse within the protection of maqāṣid al-sharī‘ah, particularly the preservation of intellect (ḥifẓ al-‘aql) and life (ḥifẓ al-nafs), thereby emphasizing not only punitive but also educational and rehabilitative orientations through the instrument of ta‘zīr. Meanwhile, Indonesian positive law, particularly Law No. 35 of 2009 on Narcotics, provides legal space for rehabilitation; however, its implementation still encounters structural and cultural challenges. This study concludes that integrating Islamic criminal law principles with the national legal framework may produce a more responsive sentencing model that upholds substantive justice, human rights protection, and effective narcotics control. Policy reformulation grounded in religious values, restorative approaches, and social rehabilitation is recommended as a strategic direction for national criminal law reform.

Ilham Saputra; Anita Qoiriah

Merkurius : Jurnal Riset Sistem Informasi dan Teknik Informatika 2026 Asosiasi Riset Teknik Elektro dan Informatika Indonesia

The proliferation of online gambling promotional comments on Indonesian social media has become a serious issue requiring fast and accurate automated handling. This study aims to implement a Hybrid Recurrent Neural Network (RNN) and Long Short-Term Memory (LSTM) method to classify online gambling comments and compare its performance with standalone RNN and LSTM models. The research utilized a dataset of 10,230 comments subjected to comprehensive preprocessing stages, including the normalization of non-standard language using a slang dictionary. Testing was conducted across three data-splitting scenarios: 90:10, 80:20, and 70:30. Experimental results demonstrate that the standalone LSTM model achieved the highest average accuracy of 97.45%. However, the Hybrid RNN–LSTM model showed significant superiority in terms of performance stability, yielding the lowest standard deviation (0.0027) and the smallest Coefficient of Variation (0.28%) across all scenarios. These findings indicate that while the LSTM architecture is highly effective at capturing short-text context, the Hybrid approach provides better robustness against fluctuations in data proportions, making it highly relevant for implementation as an automated detection system on social media.

Afif Jihan; M Ridho Ariski; Deri Apdi Fahrezi; M. Yusuf Bahtiar

Maslahah : Jurnal Manajemen dan Ekonomi Syariah 2026 STAI YPIQ BAUBAU, SULAWESI TENGGARA

Along with the rapid growth of digital media, various forms of digital transactions have also developed.1 This development has driven changes in the payment system in Indonesia, one of which is through the implementation of QRIS (Quick Response Code Indonesian Standard). Despite its increasingly widespread use, there are still few studies that systematically examine user perceptions and the effectiveness of QRIS in improving transaction efficiency and strengthening the digital financial system. The purpose of this study is to identify and comprehensively analyze the results of previous studies related to QRIS use through a Systematic Literature Review (SLR) approach. Data were collected from Google Scholar and Garuda using the keywords "QRIS use", "QRIS payment system", and "QRIS transaction tool". The results show that QRIS can improve the efficiency and convenience of digital transactions, both for consumers and businesses, and facilitate the integration of financial services in a single platform. This study also aims to analyze the use of QRIS in public services. Using a descriptive qualitative research method, research data was taken from the results of searches of reliable sources including official websites, academic literature, theses, and national scientific journals relevant to the research topic. Thus, this may indicate that the success of QRIS is influenced by effective socialization, public awareness of transaction security, and equitable access to technology. The implications of this research provide a useful literature map for policy development and further studies in the field of digital finance.

Berliana Aisyah Nur Salwa; Tongat Tongat

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

The reform of Indonesia’s criminal law through Law Number 1 of 2023 concerning the Criminal Code (KUHP) marks a fundamental shift in the national criminal justice system, particularly through the formal recognition of the living law as law that lives within society. This article analyzes the correlation between living law and the principle of legality within the context of national criminal law reform. The study employs a normative juridical method with statutory, conceptual, and comparative approaches to examine how the 2023 Criminal Code seeks to balance legal certainty with substantive justice. The findings indicate that the regulation of the principle of legality in Article 1 of the KUHP remains the primary foundation for ensuring the protection of individual rights and preventing arbitrary state actions. However, the recognition of living law under Article 2 of the KUHP expands the sources of criminal law beyond written statutes to include social values living within the community, insofar as they are consistent with Pancasila, general legal principles, and human rights. The relationship between the principle of legality and living law in the 2023 KUHP is not antagonistic but rather complementary and harmonious. Living law enriches the legality principle substantively through moral and social justice dimensions, while the legality principle serves as a normative safeguard to maintain legal certainty and prevent the abuse of power. Therefore, the integration of both principles reflects a new paradigm of Indonesian criminal law that is pluralistic, just, and civilized, reaffirming the nation’s legal politics grounded in Pancasila values and the principles of a democratic rule of law.

Yudha Febry Fernando

Birokrasi: JURNAL ILMU HUKUM DAN TATA NEGARA 2026 Sekolah Tinggi Ilmu Administrasi (STIA) Yappi Makassar

The phenomenon of tedong petarung in Toraja has generated controversy due to its shift from the traditional tedong silaga, which historically formed part of Torajan customary rituals. This practice has evolved into entertainment and competition frequently associated with gambling activities. This study aims to analyze tedong petarung as a form of cultural distortion from the perspectives of customary law and criminal law, as well as to examine the limits of customary culture recognition within the national legal system. This research employs a normative legal method using statutory, conceptual, and sociological approaches. Legal materials were collected through library research consisting of legislation, legal literature, journals, and related documents. The study finds that tedong silaga possesses legitimacy as part of Torajan customary culture containing social, symbolic, and spiritual values. However, modern tedong petarung practices demonstrate a shift toward commercialization and gambling, obscuring the philosophical values of the original tradition. From a criminal law perspective, such practices potentially fulfill the elements of gambling offenses under Indonesian positive law. This study concludes that recognition of customary culture must remain aligned with public order, morality, and national law.

Dasep Nurdin; Ahmad Syukri; Yuliatin Yuliatin; Abdul Halim

International Journal of Sociology and Law 2026 Asosiasi Penelitian dan Pengajar Ilmu Hukum Indonesia

For criminal justice systems, the growing number of young people involved in drug-related crimes is a serious problem, especially when it comes to striking a balance between law enforcement and child protection and rehabilitation. By contrasting viewpoints from Islamic law and Indonesian positive law, this study investigates the use of restorative justice in the processing of adolescent drug cases in Tanjung Jabung Barat Regency, Jambi. The study used a qualitative socio-legal methodology that integrates normative legal analysis with empirical field data gathered via observations, interviews, and document analysis involving law enforcement personnel, rehabilitation facilities, families, and community people. The results show that diversionary measures required by Law No. 11 of 2012 regulating the Juvenile Criminal Justice System are the main means by which restorative justice is applied in juvenile drug cases. In order to guarantee that children are not subjected to punitive detention but rather have options for recovery and social reintegration, these systems prioritize mediation, rehabilitation, and community involvement. From the standpoint of Islamic law, restorative justice is consistent with fundamental tenets like tawbah (repentance), islah (reconciliation), and the protection of human welfare, all of which place an emphasis on moral reform and the preservation of children's dignity. These ideas support the adoption of restorative measures in the resolution of adolescent drug offenses in Tanjung Jabung Barat, a sociocultural setting where Malay-Islamic beliefs have a significant impact on community life. The report does, however, also point out a number of difficulties, such as the lack of rehabilitation facilities, the societal stigma associated with juvenile offenders, and the inconsistent use of diversion by law enforcement. The study comes to the conclusion that a framework for handling juvenile drug cases that prioritizes the rehabilitation and future well-being of children is both culturally sensitive and legally sound when restorative justice ideas are integrated with Islamic legal values and Indonesian statutory law.

Nurasia Natsir; Kamsinah Kamsinah

International Journal of Educational Development 2026 Asosiasi Periset Bahasa Sastra Indonesia

Indonesia represents one of the world's most complex and dynamic linguistic ecosystems, harboring over 700 regional languages alongside the national language (Bahasa Indonesia) and Indonesian Sign Language (BISINDO). This synthesis study provides comprehensive analysis of the Indonesian linguistic landscape, integrating findings from five complementary large-scale investigations conducted 2020–2024: code-switching patterns in digital communication; typological uniqueness of Indonesia's tenseless temporal system; linguistic complexity of BISINDO and barriers to deaf inclusion; sociolinguistic stratification through first-person pronoun variation; and critical endangerment of regional languages. The synthesis employed integrative methodology encompassing 3,550 total participants, 20,000+ linguistic tokens, 18 months of ethnographic fieldwork, and analysis of 150 languages and 25 revitalization programs. Synthesis reveals five interconnected dynamics: (1) centripetal standardization through education, urbanization, and media; (2) centrifugal diversification through identity construction and social stratification; (3) typological persistence maintaining Indonesian distinctiveness despite contact; (4) parallel endangerment affecting regional languages and BISINDO; and (5) ideology-driven change linking language choice to modernity and prestige. These dynamics produce dynamic tension between homogenization and diversification. Indonesia's linguistic future depends on whether policies can balance national unity through Indonesian and linguistic diversity through regional language and BISINDO protection. 

Dewi Fazira; Ikhlasul Amal; M Ikhsani Simanjorang; Laylan Syafina

Nusantara: Jurnal Pengabdian kepada Masyarakat 2026 Pusat Riset dan Inovasi Nasional

Economic empowerment of rural communities through the strengthening of Micro, Small, and Medium Enterprises (MSMEs) is a crucial pillar in achieving national economic independence. One of the fundamental obstacles faced by MSMEs in rural areas is financial exclusion due to low digital literacy and dependence on conventional cash transaction systems. The Community Service Program (KKN) of students from the State Islamic University of North Sumatra (UIN SU) in Pematang Tengah Village was designed to bridge this gap by optimizing the Indonesian Standard Quick Response Code (QRIS). Through an intensive participatory mentoring approach, students acted as agents of digital transformation who educated, trained, and facilitated 10 local MSME actors in adopting non-cash payment technology. The results of the program show a significant shift from digital skepticism to digital trust. The implementation of QRIS has been proven to increase operational efficiency, financial management accuracy, and strengthen the image of business modernity in the eyes of consumers. This article emphasizes that the role of students is not merely as information deliverers, but as catalysts of social capital that is crucial for the sustainability of digitalization at the village level.

Arini Handayani; Muhammad Alfikri; Mulia Syahputri; Nazwa Alya Alkhansa

Nusantara: Jurnal Pengabdian kepada Masyarakat 2026 Pusat Riset dan Inovasi Nasional

This study aims to introduce the convenience of digital transactions through socialization of the use of the Quick Response Code Indonesian Standard (QRIS) to residents of Marihat Bukit Village. This activity was motivated by the low public understanding of the use of non-cash transactions, particularly QRIS, which is an innovative integrated digital payment system from Bank Indonesia. Through socialization and direct practice, residents were introduced to how to use QRIS in various daily transactions, such as shopping, paying for services, and other local economic activities. The results of the activity showed an increase in public understanding and interest in the use of digital transactions that are easier, faster, and safer. It is hoped that this activity will encourage digital financial inclusion in rural areas and support government programs to expand literacy and the application of financial technology in the community. Furthermore, active community participation in this activity shows great potential to reduce dependence on cash transactions and encourage digital transformation at the village level. This activity is also expected to accelerate the transition to a more inclusive and digital-based society.

Nadya Zahwani Saragih; Adinda Afifa; Sandrina Meivi; Egicha Putri Wayuling Dinanti; Muhammad Alfikri

Nusantara: Jurnal Pengabdian kepada Masyarakat 2026 Pusat Riset dan Inovasi Nasional

This study aims to analyze the implementation of programs strengthening financial literacy, economic digitalization, and the creative economy carried out by students participating in the Community Service Program (Kuliah Kerja Nyata/KKN) in Nagori Marihat Bukit. The programs included education on the Indonesian rupiah and the importance of saving habits, socialization of the QRIS digital payment system, a workshop on striphone production to support MSME development, and an ecoprint workshop for elementary school students. The study employed a qualitative descriptive method, with data collected through participatory observation and documentation. The results indicate that the programs successfully enhanced community understanding of financial literacy from an early age, increased the adoption of digital payment technology with 68% of participants successfully implementing QRIS, and improved creative economy skills that support the development of local MSMEs. These activities demonstrate that community-based economic education can effectively strengthen financial awareness, promote digital financial inclusion, and sustainably develop the creative economic potential of the community. Therefore, this KKN program can serve as a practical model of community-based economic empowerment in fostering economically independent communities.

Agustinus Abraham

WISSEN : Jurnal Ilmu Sosial dan Humaniora 2026 Asosiasi Peneliti Dan Pengajar Ilmu Sosial Indonesia

The development of digital technology and social media, particularly TikTok, has significantly influenced the learning behavior of elementary school students. This study aims to analyze the impact of TikTok use on the learning behavior of sixth-grade elementary school students through a Systematic Literature Review (SLR) approach. Data were collected from Google Scholar following the PRISMA guidelines, resulting in 200 initial articles, which were then selected to obtain 12 articles relevant to the Indonesian context. The synthesis results show that TikTok has a dual impact. On the positive side, TikTok increases creativity, digital skills, self-confidence, interest in learning, and provides access to interesting and interactive educational content. However, excessive use without supervision has negative effects, such as decreased discipline, concentration, and motivation to learn, the emergence of academic procrastination, and changes in behavior and language that are inappropriate. These findings confirm that the influence of TikTok is greatly affected by parental supervision, the role of teachers, digital literacy, and student self-regulation. Therefore, it is necessary to use TikTok wisely, purposefully, and in an integrated manner in educational policies so that its benefits are optimized and its risks can be minimized.

Muhammad Alfian

Jurnal Riset Rumpun Ilmu Pendidikan 2026 Lembaga Pengembangan Kinerja Dosen

The mental health crisis in Indonesia is increasingly alarming, exacerbated by the COVID-19 pandemic, social stigma, and unequal access to professional services. A clinical approach alone is not enough to address this complex problem. This study offers a novelty in the form of an integrative approach: revitalizing the role of families and communities based on Islamic values (rahmah, ta'awun, shabr, syura, tarbiyah ruhiyah) combined with the use of digital social communities as a medium for education, discussion, and support systems. The research method used is a literature study with a descriptive qualitative approach, reviewing national and international literature, social support theory (Cohen & Wills, 1985), religious coping (Koenig, 2012), and Bronfenbrenner's ecological theory (1979). The results of the study show that families play a strategic role in the prevention, assistance, and referral of mental health cases, while digital communities are effective as spaces for education and emotional validation, with scalability and anonymity as their main strengths. Concrete strategies offered include family education, stigma-free campaigns on social media, spiritual care hotlines, and cross-sector collaboration. This approach is in line with the collectivist culture of Indonesian Muslim society and is more adaptive in the digital era. This research is expected to serve as a conceptual foundation for practical programs, public policy, and further research to create a more caring, stigma-free, and resilient society in the face of mental health crises.

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.