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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.

Suci Arianty; Indah Kusuma Wardhani

Doktrin: Jurnal Dunia Ilmu Hukum dan Politik 2026 International Forum of Researchers and Lecturers

The rapid development of digital technology has increased the risk of song copyright infringement, thereby requiring effective and adaptive law enforcement mechanisms. Song copyright, as part of intellectual property rights, is protected under Law Number 28 of 2014 on Copyright, with certain infringements classified as complaint-based criminal offenses. This study aims to analyze the handling of criminal cases of song copyright infringement by Civil Servant Investigators at the Regional Office of the Ministry of Law in West Java and to evaluate the effectiveness of their enforcement practices. The research employs a normative-empirical method with a descriptive-analytical approach, combining statutory analysis with empirical data obtained through interviews and field observations. The findings reveal that case handling is conducted through structured stages, including complaint submission, preliminary examination, mediation, and follow-up actions. Mediation constitutes the primary mechanism for dispute resolution, reflecting the application of the ultimum remedium principle and a restorative justice approach. Although the procedural framework has been implemented in accordance with applicable regulations, enforcement effectiveness remains constrained by limited human resources, budgetary limitations, insufficient technical capacity, low public legal awareness, and inadequate inter-agency coordination. These results underscore the importance of strengthening institutional capacity and enhancing enforcement effectiveness to ensure sustainable protection of song copyright.

Hoirul Rohman; Irawan Soerodjo; Dudik Sjaja Sidarta

International Journal of Social Welfare and Family Law 2026 Asosiasi Penelitian dan Pengajar Ilmu Sosial Indonesia

The handling of children involved in narcotics crimes requires a restorative approach focused on rehabilitation rather than punishment. This study aims to examine the role of police investigators in applying restorative justice to child offenders in narcotics cases and to identify the obstacles encountered in its implementation. This research employs a normative legal research method with statutory and conceptual approaches. Primary legal materials include Law Number 11 of 2012 on the Juvenile Criminal Justice System, Law Number 35 of 2009 on Narcotics, and Chief of Police Regulation Number 8 of 2021. The findings show that investigators play a strategic role in facilitating diversion, including conducting initial assessments, facilitating diversion deliberations, and coordinating with supporting institutions such as the Correctional Center (Bapas), National Narcotics Agency (BNN), and Social Services. However, implementation remains suboptimal due to internal constraints, including inadequate training and understanding among investigators, limited facilities such as child-friendly rooms and mediation spaces, regulatory disharmony between the Juvenile Criminal Justice System Law and the Narcotics Law, weak inter-agency coordination, and lack of support from families and communities. Post-diversion monitoring is also ineffective. This study concludes that strengthening investigator capacity through specialized training, improving legal frameworks through regulatory harmonization, and enhancing inter-agency collaboration are essential to ensure restorative justice truly serves the best interests of children.

Ali Fuad Hasyim

Jurnal Hukum dan Sosial Politik 2025 International Forum of Researchers and Lecturers

This research discusses the effectiveness of the implementation of diversion for children in conflict with the law in the crime of aggravated theft, with a case study at the Surabaya Children Crisis Center (SCCC). The background of the research is based on the importance of protecting children's rights in the criminal justice sistem, in accordance with Law Number 11 of 2012 concerning the Child Criminal Justice Sistem (UU SPPA), which prioritizes restorative justice and the principle of diversion to avoid the negative impact of formal punishment on children. This research uses empirical juridical method with descriptive analysis approach, examining primary data from interviews with legal counsel at SCCC as well as secondary data from related legal literature. The results show that diversion at SCCC has been implemented according to procedures at various stages of the legal process, from investigation, investigation, to trial. However, the implementation still faces obstacles such as the lack of understanding of law enforcement officials, limited human resources at legal aid institutions, and challenges in mediation between offenders and victims. In conclusion, although the implementation of diversion in SCCC is quite effective in protecting children's rights and preventing social stigma, the implementation of diversion in SCCC is not yet effective.

Murshal Senjaya

International Journal of Law, Crime and Justice 2025 Asosiasi Penelitian dan Pengajar Ilmu Hukum Indonesia

In the customary law system, there is a pattern of punishment and prosecution which is more or less similar to the Islamic legal system, where the role of the victim's family is very important in determining whether or not the perpetrator will be prosecuted and punished. In customary law, legal settlements are carried out with an emphasis on togetherness or harmony. Settlement of criminal cases, especially bullying through customary law, is a process of resolving cases outside of court which consists of first, a mediation system with a consensus approach through deliberation. Second, the restorative justice system is a case resolution system with the aim of restoring the situation that arose for the victim so that a sense of brotherhood between each party is re-established. This system produces an agreement that is a win-win solution, guarantees the confidentiality of the parties' disputes, avoids delays caused by procedural and administrative matters, and resolves problems comprehensively together and while maintaining good relations. Thus, these customary sanctions do not provide legal protection and fulfillment of children's rights for children who are victims of sexual violence. In sexual crimes against children, children are positioned as victims who experience detrimental impacts, namely physical and psychological harm. Therefore, it is mandatory to be protected, not judged.

Serly Rahmayati; Erna Dewi; Muhammad Farid

Mahkamah : Jurnal Riset Ilmu Hukum 2025 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

Law enforcement against minor crimes committed by children and the elderly often causes public dissatisfaction because it is considered to not take into account the principles of justice and benefit. To answer this problem, the Supreme Court issued Supreme Court Regulation (Perma) Number 1 of 2024 concerning Guidelines for Adjudicating Criminal Cases Based on Restorative Justice. This study raises two main problems: (1) How is Perma Number 1 of 2024 applied to children and the elderly who commit minor crimes? and (2) What are the inhibiting factors in its implementation? The purpose of the study is to analyze the implementation of the Perma and identify the obstacles faced. The methods used are normative juridical and empirical juridical, with a statutory, case, and conceptual approach. Data collection was carried out through document studies and interviews with practitioners and academics. The results of the study show that Perma Number 1 of 2024 provides space for resolving minor criminal cases in a more humane manner through restorative justice. However, its implementation still faces obstacles, including the lack of understanding of law enforcement officers, limited supporting facilities, and resistance from some communities and victims who still choose the formal legal process. In conclusion, although this Perma provides a great opportunity for peaceful resolution, its implementation requires commitment from all parties. It is recommended that there be increased training and socialization for law enforcement officers, provision of penal mediation facilities, and additional regulations to strengthen protection for children and the elderly as vulnerable groups.

Magdhalena Tasik Todingrara

Mandub: Jurnal Politik, Sosial, Hukum dan Humaniora 2024 STAI YPIQ BAUBAU, SULAWESI TENGGARA

Restorative justice or restorative justice, is an approach that emphasizes restoring losses experienced by victims, reintegrating perpetrators into society, and repairing social relationships damaged by criminal acts. In contrast to the retributive approach which focuses on punishment as retribution for legal violations, this research aims to analyze the concept of mediation as an alternative for resolving criminal acts from a restorative justice perspective and the effectiveness of mediation in reducing the burden on the courts and increasing the efficiency of the criminal justice system. This research is a type of normative legal research that uses a conceptual approach. The data source used in this research is secondary data. The results of this research are that mediation as an alternative for resolving criminal acts from a restorative justice perspective has great potential to create more substantive and sustainable justice. Mediation is an effective tool for reducing the burden on courts and increasing the efficiency of the criminal justice system. By providing a faster, more cost-effective and flexible dispute resolution mechanism, mediation not only helps reduce the backlog of cases in court, but also creates more satisfactory solutions for victims and perpetrators.

Tagor Aruan; Yasmirah Mandasari Saragih

Jurnal Riset Rumpun Ilmu Sosial, Politik dan Humaniora 2024 Pusat Riset dan Inovasi Nasional

This study examines the strengthening of the ultimum remedium principle in handling corporate crimes as part of a more proportional, efficient, and equitable criminal justice system reform. The ultimum remedium principle views criminal law as a last resort, used after other legal mechanisms, such as administrative resolution, mediation, or administrative sanctions, are deemed inadequate. The application of this principle becomes increasingly important in the corporate context to prevent the negative impact of repressive punishment on business entities that play a strategic role in the national economy. The significant impact of corporations on society and the economy necessitates a more careful and prudent approach to handling corporate crimes. This study uses a normative juridical method with statutory, conceptual, and case study approaches. In analyzing the application of the ultimum remedium principle, this study identifies that although this principle has been incorporated into several laws and regulations, its implementation remains weak. Factors contributing to this include limited understanding of the principle among law enforcement officials, suboptimal technical guidelines regarding the application of the ultimum remedium principle, and public pressure that tends to encourage a repressive approach in handling corporate crimes. Therefore, this study recommends strengthening regulations, increasing the capacity of law enforcement officials, and developing integrated guidelines to ensure the consistent and effective application of the ultimum remedium principle in handling corporate crimes. The application of this principle is also in line with the restorative justice approach, which aims to provide more humane and corrective punishment and create sustainable change for corporations and society.  

T. Ikhsan Ansyari Husny; Rahmayanti Rahmayanti; Muhammad Arif Sahlepi

IJLS (International Journal of Law and Society) 2024 Asosiasi Penelitian dan Pengajar Ilmu Hukum Indonesia

The crime of maltreatment is a deliberate act that causes injury, pain or even death to a person. However, efforts to resolve minor persecution crimes can be done through Restorative Justice. Restorative Justice can be done through mediation of victims of persecution. This research formulates the problem of knowing how the legal arrangements by the Prosecutor's Office on Restorative Justice and knowing how the efforts and obstacles to overcoming persecution crimes based on Restorative Justice by the North Padang Lawas State Attorney's Office. This research method is through empirical juridical research with field studies at the North Padang Lawas State Attorney's Office related to countermeasures against criminal acts of persecution based on Restorative Justice. The data collection technique used by the author in this research is Field Research, which includes data sourced from interviews with the Public Prosecutor at the North Padang Lawas State Attorney's Office. Data analysis used in this research is qualitative analysis. The process of applying Restorative Justice in the crime of persecution in the North Padang Lawas District Attorney's Office is carried out by means of the Public Prosecutor offering peace efforts to the victim and suspect. Based on cases that meet the criteria for Restorative Justice, the State Attorney's Office will write to the High Prosecutor's Office and the Deputy Attorney General's Office for General Crimes to seek approval for Restorative Justice. The North Padang Lawas District Attorney's Office prioritizes peace between victims and perpetrators in resolving cases of light maltreatment by involving the families of both parties, such as community leaders, without any pressure, coercion, or intimidation from the Public Prosecutor who acts as a facilitator.

Budi Handayani

Birokrasi: JURNAL ILMU HUKUM DAN TATA NEGARA 2024 Sekolah Tinggi Ilmu Administrasi (STIA) Yappi Makassar

Environmental crimes committed by corporations cause broad ecological, social, and economic impacts on society and environmental sustainability. However, the system of corporate criminal liability in Indonesia still tends to rely on a retributive approach through fines and imprisonment of corporate managers. This approach is considered ineffective because it has not been able to restore environmental damage and fulfill the rights of affected communities. This study aims to analyze the weaknesses of corporate criminal liability in environmental crimes and reconstruct a restorative justice-based model of criminal responsibility. This research employs normative legal research using statutory and conceptual approaches. The results indicate that the reconstruction of corporate criminal liability should focus on environmental restoration through ecological rehabilitation mechanisms, compensation for affected communities, ecological penal mediation, and independent environmental audits. The restorative justice approach provides opportunities for corporations to take concrete responsibility for the environmental damage they cause so that environmental law enforcement is not merely punishment-oriented, but also aimed at environmental recovery and social justice.