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The differences in the age limits of children as stipulated in several Indonesian laws and regulations—such as the Juvenile Criminal Justice System Law (UU Sistem Peradilan Pidana Anak/SPPA), the Child Protection Law (UU Perlindungan Anak), and the Human Rights Law (UU HAM)—have created significant legal uncertainty. These inconsistencies pose serious implications for the protection of children's rights, particularly for those who are entangled in legal conflicts. One of the most critical impacts is the potential for injustice in the application of restorative justice and diversion programs, which should be guided by the principle of the best interests of the child. Discrepancies in age definitions may also result in unequal treatment in legal proceedings and hinder access to appropriate legal remedies and rehabilitation services. For instance, a child considered underage by one law may be treated as an adult under another, leading to inconsistent judicial decisions, discrimination, and psychological harm. Furthermore, this lack of regulatory harmony undermines the credibility and consistency of the justice system in handling cases involving children. The principle of legal certainty, which is fundamental in any just legal system, cannot be upheld if such foundational definitions remain fragmented. Therefore, there is an urgent need for harmonization and alignment of all regulations related to the legal age definition of a child within the Indonesian national legal framework. Establishing a uniform age standard is essential to ensure fair treatment, protect children's rights comprehensively, prevent discriminatory practices, and improve the effectiveness of restorative justice, rehabilitation, and child protection mechanisms in Indonesia.

The rise in hate speech cases involving minors on social media has become a pressing legal issue in the digital era. As more children engage with online platforms, the risks of harmful behaviors such as hate speech have grown, presenting challenges for legal systems worldwide. This study aims to examine the enforcement of law against children who commit hate speech crimes on social media, with a focus on understanding both the legal processes and the obstacles encountered during enforcement. Using a combination of normative and empirical juridical approaches, the study collects data through interviews with law enforcement officials in Bandar Lampung. The findings indicate that, although the juvenile justice system emphasizes restorative justice and provides diversion mechanisms for minor offenders, the practical application of these principles remains insufficient. Key technical challenges, such as difficulties in tracking accounts and the ease with which digital evidence is deleted, pose significant barriers to effective prosecution. Additionally, structural issues, including limited resources and the lack of digital legal literacy among law enforcement, exacerbate the problem. Despite these challenges, the study identifies best practices in diversion, such as involving psychologists, probation officers, and community leaders, as potential pathways to more humane and rehabilitative resolutions. Furthermore, the study highlights the importance of strengthening coordination between agencies, improving law enforcement capacity in digital forensics, and implementing early digital literacy education. These efforts are crucial for creating a more effective legal framework to address hate speech cases committed by children on social media, ensuring both justice and rehabilitation in the digital age.

This study examines the regulation of adultery and cohabitation (living together without marriage) from the perspective of Islamic law and Indonesian positive law, especially after the enactment of Law Number 1 of 2023 concerning the Criminal Code (KUHP). In Islamic law, adultery is a hudud crime that has strict and permanent sanctions (qat'i). Islamic law considers adultery as an act that damages morality, honor, and lineage, and provides severe punishment for the perpetrators. The purpose of implementing this punishment is to maintain social integrity and protect the family as the smallest unit in society. Cohabitation, which is considered an illegitimate relationship according to Islamic law, is seen as a form of adultery that is not tolerated both socially and legally. Therefore, this act is not only considered a violation of religious norms, but also a threat to the desired social order in Islam. Meanwhile, in the context of Indonesian positive law, the 2023 Criminal Code expands the formulation of the crime of adultery and explicitly regulates cohabitation as a criminal offense. Based on this provision, adultery and cohabitation can be prosecuted, although they are still classified as absolute complaint offenses, meaning that these acts can only be prosecuted if there is a report from an interested party. This shows that although there are differences in law enforcement between Islamic law and positive law, both share a common goal: to protect morality and public order. The approach used in this study is normative juridical with a qualitative analysis method of Islamic legal norms and national statutory provisions. This study aims to compare the perspectives of the two legal systems on adultery and cohabitation, and to find common ground between the two.

This study examines criminal liability for the crime of exhibitionism in Indonesia and the forms of protection provided to its victims. Exhibitionism is a deviant behavior in the form of exposing genitals to others without consent, which is classified as a form of sexual harassment. Although often considered a minor act or even just "fun", exhibitionism has serious psychological impacts on victims, such as trauma, fear, anxiety, and long-term mental disorders, especially if it occurs repeatedly or is experienced by minors. From a legal aspect, the crime of exhibitionism can be prosecuted through several articles in the Criminal Code (KUHP), including Article 281 which regulates indecent acts in public, and Article 289 if the exhibitionism is carried out with violence or threats of violence. In addition, Law Number 44 of 2008 concerning Pornography can also be used as a legal basis, especially if the exhibitionism is carried out through digital media. If the victim is a child, Law Number 35 of 2014 concerning Child Protection will increase the perpetrator's punishment. The criminal liability of exhibitionists depends heavily on their mental state. Under Indonesian criminal law, a person can only be held criminally responsible if they are legally capable of being held accountable. If a perpetrator is proven to have a serious mental disorder based on a psychiatric expert's testimony, they may be subject to special measures instead of criminal punishment, such as rehabilitation in a mental hospital. Protection for victims of exhibitionism must be comprehensive. This includes facilitating the reporting process to authorities, prompt handling by law enforcement, providing counseling or psychological support, protecting the victim's identity, and educating the public to prevent exhibitionism. Integrating legal aspects, mental health, and public education is crucial in breaking the chain of this crime.

Technological developments in the modern era have experienced rapid growth, one of which is through the advancement of Artificial Intelligence (AI). This technology has now become an integral part of people's daily lives because it can provide convenience, efficiency, and innovation in various fields. However, behind the benefits offered, AI also carries potential risks, especially when misused. One of the most worrying forms of misuse is deepfakes, namely AI-based digital content manipulation that can convincingly imitate a person's voice, face, and movements. Deepfakes have triggered various digital crimes, such as identity forgery, the creation and distribution of non-consensual pornographic content including sexual exploitation, blackmailing, the spread of fake news (hoaxes), digital terror, fraud, and defamation. The increasingly sophisticated level of AI in manipulating data demands swift action, appropriate regulations, and effective oversight strategies from the government to anticipate its negative impacts. This research uses a normative juridical method with a statute approach and a conceptual approach. This approach allows for a comprehensive analysis of the existing legal framework, the concept of legal protection, and the urgency of establishing new regulations related to AI technology. The research findings indicate that the government needs to take a number of strategic steps, including: (1) drafting specific regulations governing the use and limitations of AI, particularly regarding deepfakes; (2) developing and implementing effective deepfake detection technology; (3) providing protection, recovery, and rehabilitation mechanisms for victims; and (4) implementing widespread public education to raise public awareness of the risks of AI misuse.

Indonesia has two frameworks of a criminal law system that runs in parallel, namely Western criminal law which comes from the Dutch colonial heritage through the Criminal Code (KUHP) and customary criminal law that develops in society based on traditional norms. Both have important positions in the national legal system despite their different characters and sources of legitimacy. The Criminal Code is present as a general written law with a strong codification and legal certainty, while customary criminal law is more flexible, dynamic, and emphasizes the value of social justice that lives in society. In practice, the application of customary criminal law is often oriented towards restoring harmony, deliberation, and family settlement. This is different from the Criminal Code which emphasizes formal sanctions in the form of imprisonment, fines, or other punishments that are retributive. This difference in orientation is what makes customary criminal law still relevant and accepted in various regions, even though it does not always receive full recognition in Indonesia's positive legal system. Along with the times, the government has drafted a Draft Criminal Code Bill (RUU KUHP) which is expected to be a form of national criminal law unification. The Criminal Code Bill from 2005 to the latest one in 2020 tried to incorporate elements of customary criminal law into the national legal framework. This aims to accommodate the legal pluralism that exists in Indonesia, as well as answer the needs of the community for a legal system that not only provides legal certainty, but also reflects a sense of social justice. Thus, the comparison between the Criminal Code and customary criminal law shows that there is tension as well as the potential for integration.

Protection of children's rights in the Indonesian legal sistem has received serious attention with the enactment of Law Number 11 of 2012 concerning the Juvenile Criminal Justice Sistem (UU SPPA). This law emphasizes that imposing sanctions on children is not the primary goal, but rather a means to achieve child welfare through a restorative justice approach. The SPPA Law regulates two channels for resolving cases: formal justice and diversion. Diversion is a process for resolving children's cases outside the court system, aiming to prevent children from experiencing formal justice processes that have the potential to have long-term negative impacts on their psychological and social development. This study focuses on the implementation of diversion efforts during the investigation stage within the jurisdiction of the Madiun City Police. The method used in this study is an empirical method, namely by examining the implementation of the law in social realities in the field through observation and interviews with relevant parties. The results of the study indicate that the Madiun City Police have implemented diversion efforts quite well and in accordance with the provisions of the SPPA Law. The implementation of diversion is carried out by considering the principles of restorative justice and involving various parties, including child perpetrators, victims, families, and the police. However, several obstacles to implementing diversion exist, including a lack of public understanding of the concept and benefits of diversion, and frequent debates between perpetrators and victims, particularly regarding compensation issues within diversion forums. Therefore, increased public outreach and legal education, as well as stronger coordination between the institutions involved, are needed to optimally achieve the primary goals of the juvenile criminal justice system.

The phenomenon of homelessness and begging in public places remains a complex social problem that impacts public order and legal norms. The main problem in this study is how criminal law is applied to homelessness and begging in public places, and how the provisions compare in the old Criminal Code and the new Criminal Code based on Law Number 1 of 2023. This study uses a normative juridical method with a legislative approach and literature study. In the old Criminal Code, begging is regulated in Article 504, which threatens imprisonment for anyone who begs in public. Meanwhile, the new Criminal Code regulates similar acts in Article 425, which no longer uses the term "begging" explicitly, but regulates the prohibition against the repeated exploitation of certain activities in public places that disturb the community. The results of the study show that although there is continuity in substance, the new Criminal Code tends to use a more humanistic approach and emphasizes social rehabilitation. Law enforcement against homelessness and begging still faces various obstacles such as low public reporting, limited police supervision, and a lack of rehabilitation facilities. Therefore, the main conclusion of this study is that a repressive approach alone is insufficiently effective. An integrated legal strategy is needed, combining penal and non-penal approaches with the active involvement of the government, the community, and social institutions.

This article discusses the phenomenon of criminalisation of online gambling in society and its implications for the criminal justice system in Indonesia. Gambling, which is regulated in the Criminal Code (KUHP) Article 303 and Article 303 bis, has undergone transformation in line with the development of information technology. Online gambling, as a form of gambling that utilises the internet, poses new challenges in law enforcement and community protection. In this context, this study aims to analyse the social impact of online gambling as well as the effectiveness of the criminal justice system in handling gambling cases that occur in cyberspace. Through a normative approach and juridical analysis, this article finds that despite clear regulations on gambling, the implementation of the law still faces obstacles, including the lack of public understanding of the risks and legal consequences of online gambling. Therefore, synergy between law enforcement, government, and the community is needed to create more effective awareness and prevention of online gambling practices.

Criminal law aims to maintain order and justice in society through the criminalization of criminals. One form of serious crime is the crime of murder, which is expressly regulated in the Criminal Code. This crime is a serious concern given the high impact it causes, especially when it is committed repeatedly or by a rwsidivis. The recidivism case of murder contained in Decision Number 7/Pid.B/2023/Pn Kla shows the complexity in the criminal sentencing process. The defendant had previously been convicted in a murder case, but returned to commit a similar crime shortly after his sentence. The prosecutor demanded a sentence of 15 years in prison, and the judge ruled in accordance with article 338 of the Criminal Code without applying the criminal burden as stipulated in the provisions on recidivism. This raises questions related to the basis of judge's consideration and its relevance to the purpose of criminal law, especially in providing a deterrent and justice effect for the community. The problem in this study is what is the basis for the judge's consideration in imposing a criminal sentence on a recidivist for the crime of murder, and whether the verdict has fulfilled the purpose of sentencing a recidivist perpetrator of the crime of murder.

This study examines the application of material criminal law and the judge's legal considerations in two corruption cases: Central Jakarta District Court Decisions No. 3/Pid.Sus-TPK/2025/PN Jkt.Pst. and No. 21/Pid.Sus-TPK/2025/PN Jkt.Pst. Conducted within the jurisdiction of the Supreme Court of the Republic of Indonesia, the research uses literature review methods, including laws, court decisions, and related legal literature. The study adopts a descriptive approach to analyze and present findings. Results indicate differing views between the public prosecutor and the panel of judges. The Public Prosecutor believes the defendant is proven guilty under Article 2(1) of Law No. 31/1999 on the Eradication of Corruption (amended by Law No. 20/2001), in conjunction with Article 55(1) of the Criminal Code, Law No. 46/2009 on the Corruption Court, and Law No. 8/1981 on Criminal Procedure. However, a dissenting opinion emerged among the judges. One judge disagreed with the majority, arguing that Judex Facti incorrectly applied the law. The judge emphasized that in cases with alternative charges, the court must evaluate all charges collectively rather than selectively, as in subsidiary charges. Therefore, the judge believed that the charge meeting the legal elements revealed in court should be selected based on comprehensive evaluation. This dissent highlights the legal complexity and interpretive challenges in corruption trials under Indonesian law.

Animal quarantine plays a crucial role in preventing the smuggling of wildlife, particularly protected bird species. Although this is regulated under Law Number 21 of 2019 concerning Animal, Fish, and Plant Quarantine, smuggling practices remain prevalent. This study employs a normative and empirical juridical approach to examine the role of the Agricultural Quarantine Agency Class 1A Bandar Lampung in combating bird smuggling, as well as the factors hindering the enforcement of criminal law. The findings indicate that the quarantine agency carries out three main roles: normative (based on regulations), factual (preventive and repressive actions), and ideal (emphasizing prevention). Obstacles faced include a shortage of field personnel, limited equipment and funding, and low public awareness of the law. It is recommended that the quarantine agency improve community welfare and collaborate with relevant institutions to optimize public outreach and law enforcement efforts.

In the modern era, law enforcement faces increasingly complex challenges driven by socio-economic inequality, rapid urbanization, advancements in information technology, and shifting societal values. One significant consequence is the rise in violent crimes committed collectively (mobbing), which remains concerning issue in Indonesia, including Bantul, DIY. This research adopts a legal and empirical approach, examining causal factors and challenges faced by the Bantul Police’s Criminal Investigation Unit in handling mob violence cases. These acts are regulated under Article 170 of the KUHP, characterized by their open (openlijk) and collective (met vereenigde krachten) nature. Factors influencing mob violence include environmental conditions, personal revenge, the influence of social media, and educational background. Obstacles in the investigation include difficulties in identifying perpetrators, collecting sufficient evidence, and addressing the psychological state of both victims and witnesses. Statistical data highlights this ongoing issue: in 2022, there were 84 reported cases with 64 resolved; in 2023, 58 cases were reported with 42 resolved; in 2024, 53 cases were recorded with 41 resolved. From January to May 2025 alone, 21 reports were filed, with only 15 resolved. Although the number of reports has declined, the persistence of these cases demands more serious and coordinated responses from all stakeholders.

Indonesia is a country that prioritizes law. This has been explained explicitly in the 1945 Constitution. Criminal law in Indonesia is one of the main guidelines in realizing justice. An act is constituted as a crime and formulated in law if the act is assessed by the legislator as an act that endangers a legal interest. By establishing a prohibition against committing an act accompanied by criminal threats/sanctions for anyone who violates it, it means that the law has provided legal protection for these legal interests. In this problem, the researcher focuses on questions and legal objectives regarding legal protection for victims in cases of sibling murder, namely as follows: 1. What are the factors that cause serious abuse based on case number 720/Pid.B/2023/PN Lbp? 2. What is the criminal responsibility for perpetrators in cases of serious abuse based on case number 720/Pid.B/2023/PN Lbp. Research is the most important part of the entire series of activities for writing a scientific work, because to answer the main research problem, the object of the problem described in the problem formulation will be answered. The research location is a place or area where the research will be carried out. The location of this research is the Lubuk Pakam Class I-A District Court located at Jalan Jendral Sudirman No. 58 Lubuk Pakam, Postal Code: 20512, Tel/Fax: (061) 7955861, North Sumatra. Serious maltreatment is an act of violence that is carried out intentionally and results in serious physical injury or even death to another individual. Cases like this not only harm physically, but also emotionally and psychologically for the victims and society in general. An appropriate and effective legal process in handling cases of serious abuse is important to uphold justice, provide protection to victims, and prevent future violence.

The phenomenon of homelessness and begging in public places remains a complex social problem and has an impact on public disclosure and legal norms. The main problem in this study is how the criminal law against homelessness and begging in public places, and how the calculation of its provisions in the old Criminal Code and the new Criminal Code based on Law Number 1 of 2023. This study uses a normative juridical method with a regulatory-statutory approach and literature study. In the old Criminal Code, the act of begging is regulated in Article 504 which threatens imprisonment for anyone who begs in public. Meanwhile, the new Criminal Code regulates similar acts in Article 425 which no longer uses the term "begging" explicitly, but regulates the prohibition against the repeated exploitation of certain activities in public places that disturb the community. The results of the study show that despite substantial continuity, the new Criminal Code tends to use a more humanistic approach and emphasizes social rehabilitation. Law enforcement against homelessness and begging still faces various obstacles such as low public reporting, limited supervision by officials, and minimal rehabilitation facilities. Therefore, the main conclusion of this study is that a repressive approach alone is insufficiently effective. An integrated legal strategy is needed, combining penal and non-penal approaches, with the active involvement of the government, the community, and social institutions.

This research was conducted due to the rapid development of technology and social media, which have a significant impact, including the increase in cybercrime. Technology is now often misused to commit legal violations, such as extortion through social media. This research employs a Normative Juridical and Empirical approach. The normative approach is conducted by examining regulations and literature, while the empirical approach is through direct interviews with sources. Data is collected through literature studies and interviews. The results show that extortion on social media at the Yogyakarta Police is caused by economic factors and the perpetrators' confidence in technology. Law enforcement is carried out through the stages of reporting, investigation, arrest, inquiry, and the preparation of case files.

A constitutional offense constitutes a violation of the fundamental norms enshrined in the constitution, committed by public officials or state institutions. Such violations are not only political in nature but also carry juridical dimensions closely related to criminal law. This article aims to examine the existence and urgency of regulating constitutional offenses from two main perspectives: constitutional law and criminal law. The research employs a normative juridical approach, emphasizing conceptual analysis and relevant legal regulations. This study also highlights the necessity of integrating constitutional mechanisms with criminal law enforcement to establish a system of accountability that is fair, proportional, and upholds the rule of law. Harmonizing these two areas of law is crucial to preserving the supremacy of the constitution in the practice of state governance.

Abstract. The environment is not merely a legal object, but rather a living space for humans that is intertwined with the continuity of life itself. In this context, the criminalization of environmental crimes must be understood as an effort to uphold substantive justice, not merely the fulfillment of legal procedures. This article examines the comparison between the 2023 Criminal Code and Law No. 32 of 2009 (Environmental Protection and Management Law), as well as the alignment of both in responding to ecological crimes. With a normative juridical approach and philosophical analysis, a tension was found between the formalistic approach in the Criminal Code and the ecological approach in the Environmental Protection and Management Law. This inconsistency has the potential to obscure the substance of environmental justice. Therefore, a renewal of the penal paradigm that favors the intrinsic value of nature and the principle of sustainability is necessary. Abstrak. Lingkungan hidup bukan sekadar objek hukum, melainkan ruang hidup manusia yang menyatu dengan keberlangsungan kehidupan itu sendiri. Dalam konteks ini, kriminalisasi tindak pidana lingkungan harus dimaknai sebagai upaya menegakkan keadilan substantif, bukan semata pemenuhan prosedur hukum. Artikel ini mengkaji perbandingan antara KUHP 2023 dan UU No. 32 Tahun 2009 (UU PPLH), serta menelaah keselarasan keduanya dalam merespons kejahatan ekologis. Dengan pendekatan yuridis normatif dan analisis filosofis, ditemukan adanya ketegangan antara pendekatan formalistik dalam KUHP dan pendekatan ekologis dalam UU PPLH. Ketidaksinambungan ini berpotensi mengaburkan substansi keadilan lingkungan. Oleh karena itu, diperlukan pembaruan paradigma pemidanaan yang berpihak pada nilai intrinsik alam dan prinsip keberlanjutan.

Abstrak. Pembaharuan Kitab Undang-Undang Hukum Pidana (KUHP) melalui Undang-Undang No. 1 Tahun 2023 membawa perubahan signifikan dalam sistem pemidanaan, termasuk terhadap anak yang berkonflik dengan hukum. Artikel ini bertujuan untuk menganalisis secara kritis ketentuan pemidanaan anak dalam KUHP baru dengan meninjau kesesuaiannya terhadap prinsip-prinsip Konvensi Hak Anak (Convention on the Rights of the Child/CRC) serta nilai-nilai dalam hukum Islam. Penelitian ini menggunakan pendekatan yuridis normatif dan pendekatan komparatif untuk mengevaluasi sejauh mana hukum pidana nasional telah mengakomodasi prinsip keadilan restoratif, perlindungan kepentingan terbaik anak, dan non-diskriminasi. Hasil kajian menunjukkan bahwa meskipun KUHP baru telah mulai mengadopsi prinsip-prinsip modern dalam perlakuan terhadap anak, namun masih ditemukan kekosongan norma dan potensi tumpang tindih dengan sistem peradilan anak yang diatur dalam Undang-Undang No. 11 Tahun 2012. Di sisi lain, hukum Islam secara substansial menekankan pendekatan edukatif dan korektif dalam menangani pelanggaran oleh anak, yang selaras dengan prinsip CRC. Oleh karena itu, diperlukan rekonstruksi kebijakan pemidanaan anak dalam KUHP yang lebih menyeluruh dan harmonis dengan ketentuan internasional serta nilai-nilai hukum Islam yang berkeadilan.

As a country based on legal norms and principles, Indonesia strictly prohibits gambling through statutory regulations. Gambling is a criminal act that can cause harm to society both directly and indirectly. However, in fact, gambling is still widespread, one of which is in the Magelang Regency area, Central Java. The aim of this research is to find out what factors are behind criminal acts of gambling based on the decision of the Mungkid District Court in the January 2025 period and efforts to enforce the law against criminal acts of gambling with the research method used is a normative legal research method with a qualitative analysis approach. The results of this research show that psychological, difficult economic conditions, where people are looking for quick ways to get money, as well as the influence of the social environment that makes gambling free are the main factors for perpetrators to gamble. Therefore, all law enforcement efforts are needed, including socializing the dangers of gambling, operations to control gambling perpetrators by law enforcement officials, as well as enforcing legal sanctions for criminal acts of gambling.