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Ardi Ardi; Abdul Halim; Risnita Risnita

Desentralisasi : Jurnal Hukum, Kebijakan Publik, dan Pemerintahan 2026 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

This study uses an integrated analysis of positive law and Islamic law at Polres Bungo to investigate the reconstruction of sanctions for juvenile offenders during the investigation stage. Empirical trends suggest a procedural and administrative orientation that may restrict substantive rehabilitation, even though Undang-Undang Nomor 11 Tahun 2012 tentang Sistem Peradilan Pidana Anak (Juvenile Criminal Justice System Act) formally adopts restorative justice, diversion, and the best interests of the child as guiding principles. Using a multidisciplinary approach that integrates statutory, theological-normative (shar‘i), and historical considerations, this study uses a normative qualitative design based on library research. The theoretical framework incorporates maqāṣid al-sharīʿah as a normative evaluation instrument, legal effectiveness theory, and punishment theories. The findings reveal a conceptual convergence between Indonesian positive law and Islamic criminal jurisprudence in differentiating criminal responsibility based on maturity and prioritizing rehabilitation over retribution. There are still differences, nevertheless, when it comes to age criteria and the classification of sanctions: Islamic law places more emphasis on moral and biological maturity (baligh and tamyīz), whereas positive law focuses on strict legislative boundaries. The predominance of formal legality over psychosocial assessment at the investigative level runs the risk of undermining rehabilitative goals. In order to maintain proportionality and child protection, this study suggests a reconstructive paradigm that operationalizes maqāṣid-based principles, combines thorough psychological evaluation, and improves diversion measures. In addition to realistically advancing the creation of a more equitable, rehabilitative, and child-centered investigative framework, the research theoretically advances the conversation about harmonizing state and Islamic law.

Faliani Zaliaokta; Distya Rahma Fauzia; Livia Fajarisalfa; Siti Maharani

IJLS (International Journal of Law and Society) 2026 Asosiasi Penelitian dan Pengajar Ilmu Hukum Indonesia

Air pollution constitutes a significant environmental problem with far-reaching impacts on public health, quality of life, and ecosystem sustainability, particularly in urban areas and industrial zones in Indonesia. Although the national environmental legal framework has adopted the principle of strict liability through Law Number 32 of 2009 on Environmental Protection and Management, its implementation in air pollution cases continues to face substantial challenges, especially with regard to the proof and assessment of non-material damages. Non-material damages such as disturbances to living comfort, deterioration of environmental quality, psychological stress, and health-related anxiety are intangible in nature and lack clear measurement standards, resulting in their frequent exclusion or inadequate consideration in environmental civil litigation. This study aims to analyze the legal basis for the application of the strict liability principle to air pollution cases in Indonesia, identify relevant forms of non-material damage, and examine the implications of the absence of standardized methods for assessing such damages on legal certainty and the effectiveness of corporate liability enforcement. The research employs a normative legal research method with a library-based approach, incorporating statutory, conceptual, and case approaches. Legal materials are analyzed qualitatively using a descriptive-analytical method, drawing upon legislation, court decisions, and scholarly literature on environmental law and environmental damage valuation. The findings indicate that the absence of standardized criteria for assessing non-material damages leads to evidentiary difficulties, inconsistent court decisions, and a weakened deterrent effect on polluting corporations, thereby preventing the full realization of victims’ rights to effective remedies. This study underscores the urgency of developing an integrated national technical guideline for the assessment of non-material environmental damages based on scientifically grounded valuation methods, as well as the need for cross-institutional policy harmonization to strengthen legal certainty, access to justice for affected communities, and corporate accountability in controlling air pollution.

Nabila Fitria Almadea

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

Gender-based and age-based violence targeting women and children continues to pose a serious challenge to human rights protection in Indonesia. As the principal duty bearer, the state bears the obligation to respect, protect, and fulfill victims' rights through effective protection mechanisms, one of which is the Regional Technical Implementation Unit for the Protection of Women and Children (UPTD PPA). This research analyzes the contribution of UPTD PPA Bandung City in fulfilling the human rights of victims of violence against women and children and maps the obstacles encountered in operational service delivery. The study utilizes a juridical-empirical method with a descriptive-analytical approach. Primary data were gathered through in-depth interviews with UPTD PPA Bandung City representatives in November 2025, whereas secondary data were derived from the examination of legal regulations and relevant scholarly literature. Research findings reveal that UPTD PPA Bandung City managed 382 cases in 2025 by providing complaint mechanisms, assessment procedures, legal and psychological support, counseling services, and shelter facilities. These services demonstrate normative compliance with national legislation and human rights principles, particularly concerning protection, rehabilitation, and access to justice. Nevertheless, service delivery encounters several challenges, including insufficient human resources and facilities, underreporting by victims, and suboptimal cross-institutional coordination. Consequently, strengthening institutional capacity, ensuring adequate infrastructure, developing integrated standard operating procedures, and establishing regional regulatory frameworks are essential to guarantee effective and sustained fulfillment of victims' rights.

Erni Susanty Tahir; Puput Mulyono

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

Breakups often trigger psychological conflict ranging from stress, anxiety, depression, to risky behavior that have an impact on individual well-being and the social environment. This study explores the role of law in preventing, responding to, and recovering such psychological impacts through an interdisciplinary approach. The methodology used is a normative-juridical study combined with a literature review of clinical psychology and mental health policy. The findings show that the legal framework can function on three levels: (1) preventive, through the guarantee of the right to mental health, digital literacy, and platform governance to prevent post-breakup online harassment; (2) protective, through victim protection mechanisms against psychological violence, stalking, doxing, and the dissemination of non-consensual intimate content; and (3) curative, with a referral scheme for counseling services, the provision of legal aid, data confidentiality guarantees, and restorative justice instruments centered on victim recovery. However, there are implementation gaps, including the lack of standardization of psychological assessments in the legal process, limited access to services at the grassroots level, and coordination between institutions that are not optimal. This article recommends the integration of mental health protocols in the law enforcement process, evidentiary guidelines for psychological violence, as well as cross-sectoral collaboration with psychological service providers and digital platforms. The main contribution of this study is the mapping of a comprehensive legal intervention framework for post-breakup psychological conflicts.

Rizqi Hidayat Mizan; Rizanizarli Rizanizarli; Sulaiman Sulaiman

IJLS (International Journal of Law and Society) 2025 Asosiasi Penelitian dan Pengajar Ilmu Hukum Indonesia

This study analyzes the legal protection of children as perpetrators of rape within Indonesia’s national legal system and Aceh’s Qanun Jinayat, focusing on the Syar’iyah Court’s decisions that often fail to confirm the fulfillment of children’s rights to education, rehabilitation, and reintegration. Although the principle of the best interests of the child requires comprehensive protection, the absence of clear implementing regulations has created uncertainty. Using a normative juridical method with legislative and case approaches, the research draws on secondary data enriched with primary data and qualitatively analyzed. The findings show that both national law and Qanun Jinayat emphasize child protection based on the best interests principle. National law mandates special procedures such as mentoring, closed hearings, psychological assessments, and diversion, while Qanun Jinayat, through Article 50, stipulates lighter and proportionate uqubat for children. These frameworks complement each other in ensuring education, psychological recovery, and social reintegration. However, several Syar’iyah Court decisions have not explicitly included recovery rights, resulting in ineffective protection and legal uncertainty. The study recommends that the Syar’iyah Court explicitly incorporate children’s rights to education, rehabilitation, and reintegration in its verdicts. Furthermore, the Aceh Government should issue Standard Operating Procedures or Governor’s Regulations to provide a clear legal basis for implementing child uqubat in line with the Juvenile Criminal Justice System.

Putri Cahya Andrianti; Firganefi Firganefi; Sri Riski; Eko Raharjo

Jurnal Hukum, Pendidikan dan Sosial Humaniora 2025 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

Criminal liability, also known as "criminal responsibility," is a legal assessment that is made after all elements of a criminal act are met or evidence of a criminal act is proven. The purpose of this assessment is to determine whether the defendant can be held accountable for the criminal act committed. This study specifically focuses on criminal liability for the perpetrator of murder who is a person with paranoid schizophrenia, as well as the factors that influence the act of murder. The approaches used in this study are normative juridical and empirical juridical juridical The research involved the Judge of the Gedong Tataan District Court and a Psychiatrist at the Regional Psychiatric Hospital of the University of Lampung as the main speakers. Data collection was carried out through literature studies and field studies to obtain a comprehensive picture related to the legal, medical, psychological, and social aspects of the case being studied. The results of the study show that the defendant, even though it is legally proven that he committed a criminal act as stated in Decision No. 105/Pid.B/2023/PN.Gdt, is bound by the provisions of Article 5 letter a juncto Article 44 Paragraph (3) of Law Number 23 of 2004 concerning the elimination of domestic violence. However, based on judicial, medical, and psychological considerations, the defendant cannot be criminally held liable for his actions for excused reasons related to mental disorders. Factors that affect this act of murder include psychological aspects, psychological conditions, mental health, traumatic experiences, and the social and family environment in which the perpetrator grew up. The analysis shows the importance of an integrative understanding between criminal law, psychiatry, and social conditions in determining criminal liability.

Haidar Aufan Maulana; Sulistyanta Sulistyanta

Jurnal Riset Ilmu Hukum, Sosial dan Politik 2025 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

Integrated assessment is a multidisciplinary approach used in the judicial system to evaluate the psychological, social and medical conditions of legal subjects, particularly in cases involving children, victims of violence, persons with mental disabilities or defendants with psychological disorders. This study aims to examine the evidentiary strength of integrated assessment from juridical and psychological perspectives using a normative juridical approach. The findings reveal that although integrated assessments are recognized in legal practice, their status as admissible evidence is not yet explicitly regulated in criminal procedural law. From a psychological perspective, such assessments possess high scientific value and can provide an objective overview of the subject’s condition. However, limited understanding among legal practitioners regarding the interpretation of assessment results remains a major challenge. Therefore, regulatory harmonization and cross-sectoral capacity building are needed to optimize the function of integrated assessments in court proceedings.

Anjelina Wora Roi Wani; Daud Dima Tallo; Heryanto Amalo

Mahkamah : Jurnal Riset Ilmu Hukum 2024 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

This study aims to find out and analyze the impact of the overcapacity of correctional institutions on the development of Class II Ende prison residents reviewed from Law No. 22 of 2022. This research uses a type of empirical juridical research by conducting field interviews with the Class II B Ende Prison and its Correctional Assisted Citizens, then conducting a study of literature materials by reading, studying, studying, and analyzing literature to develop an assessment related to the title of this thesis. The results of the study show that the impact caused by overcapacity affects the comfort of WBP due to congestion in residential spaces, affects the psychological well-being of WBP, the difficulty of WBP obtaining access to coaching in the independence development program, and also affects the level of security of WBP and Prison Officers, to overcome that the Class II B Ende Prison makes efforts by implementing matters related to regulations on coaching that stated in Law No. 22 of 2022 concerning Corrections, optimizing the effectiveness of alternative criminal penalties other than prison sentences and evaluating and continuing to develop coaching programs in prisons.

Santoso, Alexander Halim; Kartolo, Marenra Shinery; Alifia, Tosya Putri; Kusuma, Kanaya Fide; Gunaidi, Farell Christian +1 more

Karunia: Jurnal Hasil Pengabdian Masyarakat Indonesia 2024 Fakultas Teknik Universitas Maritim AMNI Semarang

Abstract: Obesity is a global epidemic and a significant public health problem. In the elderly population, obesity is defined as a BMI ≥ 25 kg/m². In the United States, the prevalence of obesity among the elderly is 37.1% in men and 33.6% in women over the age of 60. Obesity increases the risk of chronic diseases such as type 2 diabetes, hypertension and cardiovascular disease, and can cause psychological problems such as sleep disorders and lack of self-confidence. Accurate obesity risk assessment involves measuring Body Mass Index (BMI) and waist circumference. This activity uses the Plan-Do-Check-Act (PDCA) methodology to screen for obesity in the elderly at Hana Nursing Home, South Tangerang. The screening includes anthropometric measurements of BMI and waist circumference, followed by evaluation and nutritional counseling for at-risk individuals. 9 people (14.75%) had overweight nutritional status, 3 people (4.92%) had obese nutritional status, and 35 people (57.38%) were at risk of central obesity. Routine anthropometric measurements are critical for monitoring obesity and implementing preventive measures to improve overall health outcomes, improve quality of life, and reduce obesity-related morbidity and mortality rates. Keywords: Obesity, Central Obesity, Elderly, Body Mass Index, Waist Circumference

Ruslim, Welly Hartono; Firmansyah, Yohanes; Moniaga, Catharina Sagita; Mashadi, Fladys Jashinta; Gunaidi, Farell Christian +2 more

Jurnal Suara Pengabdian 45 2024 LPPM Universitas 17 Agustus 1945 Semarang

Pruritus, or itching, is a common symptom in seniors that has a significant impact on their quality of life. Primary skin disorders such as xerosis, atopic dermatitis, and scabies, as well as systemic diseases such as cancer, chronic renal failure, cholestasis, hyperthyroidism, diabetes mellitus, iron deficiency anemia, and certain medications, can cause this condition. Chronic pruritus, which is common in individuals over 60 years of age, can cause discomfort, sleep disturbances, and psychological stress. This activity uses the PDCA (Plan-Do-Check-Act) methodology to screen for pruritus intensity in the elderly in St. Anna. One individual (2.4%) reported mild pruritus, while 12 individuals (29.3%) reported severe pruritus. Routine assessment using the 12-PSS provides important information for managing pruritus in the elderly, meeting clinical and research needs, and improving patient care and quality of life.