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This study aims to analyze the factors causing children to become involved in narcotics abuse, the judges’ considerations in delivering verdicts, and the conformity of such decisions with applicable legal provisions. This research employs a normative juridical method with a descriptive-analytical approach, based on literature review and analysis of Decision Number 3/Pid.Sus-Anak/2021/PN Bnt. The results indicate that children’s involvement in narcotics-related crimes is influenced by multidimensional factors, namely economic, environmental, and legal factors. Economic factors include family financial pressure; environmental factors involve peer influence and lack of parental supervision; while legal factors relate to limited understanding of legal consequences. Judges’ considerations in rendering decisions are not only based on juridical aspects but also take into account the social and psychological conditions of the child. However, the imposition of imprisonment is considered not fully aligned with the principles of restorative justice and child protection. Therefore, it is necessary to optimize the implementation of diversion and non-penal approaches in the juvenile justice system.  

The Juvenile Criminal Justice System (SPPA) in Indonesia is a manifestation of special protection for children in conflict with the law, prioritizing the principles of restorative justice and diversion. This study aims to analyze the implementation of the SPPA based on Law Number 11 of 2012 concerning the Juvenile Criminal Justice System and to identify the legal challenges that arise in its practice. The research method used is normative legal with a legislative and conceptual approach. The results of the study show that although the regulations mandate diversion efforts as a top priority in resolving juvenile cases, there are still obstacles in its implementation, both in terms of the readiness of law enforcement officials, limited supporting facilities, and the perception of the community, which still tends to expect a retributive (punitive) approach. In addition, the protection of children's rights during the judicial process is often not optimally fulfilled. This analysis concludes that strengthening inter-agency coordination and increasing law enforcement officials' understanding of restorative justice are key to the effectiveness of this system. Further regulatory harmonization and strengthening the role of the Correctional Center in overseeing the diversion process are needed to ensure that the best interests of the child remain the top priority at every stage of the judicial process

Law Number 11 of 2012 emphasizes restorative justice, diversion, and the protection and fulfillment of children’s rights within the juvenile justice system. In addition, Law Number 22 of 2022 highlights the importance of guidance and assistance aimed at supporting the social reintegration of children in conflict with the law. However, the implementation of these legal provisions at the Class I Correctional Center (Bapas) in Banda Aceh has not been fully effective due to several challenges, including the limited number of officers, inadequate initial assistance, and constraints in reporting and inter-institutional coordination. This study aims to analyze the implementation of assistance provided to juvenile correctional clients at Bapas Class I Banda Aceh and identify factors affecting its effectiveness. The research employs an empirical juridical method with descriptive qualitative analysis based on interviews, documentation, and legal literature. The findings reveal that assistance has been provided throughout all judicial stages, including pre-adjudication, adjudication, and post-adjudication processes. These activities involve community research, assistance during diversion and court proceedings, and post-verdict guidance. Nevertheless, implementation remains suboptimal due to internal factors such as limited Community Advisors and heavy workloads, as well as external factors including insufficient family support, limited community acceptance, and weak coordination between institutions. These issues affect the effectiveness of assistance and hinder children’s successful social reintegration.

This study aims to analyze the criminalization of juvenile victims of drug abuse from a victimology perspective in Indonesia. The research method used is normative legal research with a descriptive approach, conducted through library research on primary and secondary legal materials. The results show that in law enforcement practices, juveniles involved in drug abuse are often treated as offenders and processed through the criminal justice system. A case study in Surabaya reveals that juveniles who should have been recommended for rehabilitation were instead sentenced to imprisonment. From a criminological perspective, juvenile involvement is influenced by environmental factors, peer pressure, and weak family supervision. In the victimological perspective, these juveniles should be viewed as victims who require protection and rehabilitation. Therefore, a paradigm shift in the criminal justice system is needed, emphasizing a rehabilitative approach and legal protection for juveniles. This approach can reduce stigma and support a more effective rehabilitation process, with the hope of helping children's psychological and social recovery.

The resolution of juvenile cases in Indonesia requires a restorative justice approach as outlined in Law Number 11 of 2012 on the Juvenile Criminal Justice System (UUSPPA). However, Article 7, paragraph (2) restricts diversion to crimes punishable by less than seven years, excluding repeat offenders. This presents challenges for minors involved in serious crimes, such as rape, leading to concerns over child protection and fairness in the justice system. The implementation of diversion in the Syari’ah Court follows national juvenile justice protocols but faces challenges, especially in maintaining consistency across law enforcement agencies and regions. The study employs an empirical juridical approach and explores the challenges of implementing diversion in the Aceh Sharia Court. Findings reveal that diversion efforts are often inconsistent and rely on the discretion of authorities. Although the Child Criminal Justice System Law mandates diversion for cases involving crimes with sentences under seven years and non-recidivists, its actual application varies. For instance, rape cases between 2020 and 2023 show that some were excluded from diversion due to their serious nature, while others still pursued diversion despite the potential for sentences exceeding seven years.

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.

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.

Child violence cases in Jayapura City demonstrate a distinctive pattern of legal settlement characterised by the strong coexistence of customary law and the formal juvenile criminal justice system. While national legislation mandates diversion and restorative justice as primary mechanisms in handling children in conflict with the law, empirical findings reveal that most cases are resolved through indigenous customary forums known as para-para adat. This study aims to analyse the forms of settlement applied to child violence cases and to identify the constraints encountered in implementing both customary mechanisms and the formal juvenile justice system. The research employs a normative-empirical approach by combining statutory analysis with field data obtained from law enforcement institutions, legal aid organisations, and community respondents. The findings indicate that approximately ninety percent of cases between 2019 and 2024 were settled through customary mechanisms involving collective responsibility and the payment of customary fines as symbolic and material restoration. Diversion mechanisms under the formal system were rarely implemented. Although customary settlement is perceived as flexible, culturally legitimate, and socially restorative, several obstacles persist, including disagreement over compensation, inability to fulfil customary obligations, and limited awareness of restorative justice procedures. The study highlights the need to harmonise legal pluralism within child protection policies to ensure that customary practices align with the best interests of the child and national legal standards.

This study aims to analyze the investigation process involving children as perpetrators of trafficking in persons at the Women and Children Protection Unit (PPA) of Bukittinggi Police Resort and to assess the forms of legal protection provided at each stage of the examination. This research applies an empirical juridical approach by combining literature review and field research through interviews with investigators and related parties. The findings indicate that the investigation process has been conducted in accordance with Law Number 11 of 2012 concerning the Juvenile Criminal Justice System, while upholding the principle of the best interests of the child. Legal protection is implemented through legal assistance, closed hearings, limited detention periods, and coordination with relevant institutions to support the child’s recovery and rehabilitation. However, several obstacles remain, including the limited number of investigators, restricted investigation timeframes, and difficulties in presenting witnesses. This study concludes that legal protection for children involved as perpetrators of trafficking in persons has been carried out in line with normative regulations, yet it requires strengthened institutional capacity and inter-agency coordination to ensure more effective implementation.

Efforts to protect children in conflict with the law constitute a concrete manifestation of the state’s responsibility in implementing the principles of restorative justice. This study aims to comprehensively examine the implementation process of diversion at the Pengadilan Negeri Bukittinggi and to assess the extent to which its application achieves the primary objective of the juvenile criminal justice system, namely restoring the child’s social condition without emphasizing retribution. This research employs an empirical juridical approach by combining literature review and field research through interviews with judges, court clerks, and other relevant parties. The findings indicate that the implementation of diversion at the Pengadilan Negeri Bukittinggi has been carried out in accordance with Law Number 11 of 2012 concerning the Juvenile Criminal Justice System. The diversion process is conducted through deliberation involving the offender, the victim, their respective families, and supporting institutions under the guidance of a diversion facilitator. However, several challenges remain, including limited public understanding of the importance of restorative-based settlement, insufficient human resources with adequate competence in implementing diversion, and frequent failures in reaching agreements between offenders and victims. This study concludes that diversion in court proceedings is not merely a legal obligation but also an essential instrument in creating a more humane child-oriented justice system. Therefore, enhancing the competence of law enforcement officers and strengthening inter-agency coordination are necessary to support the sustainable success of diversion.

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.

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.

The increasing number of children facing the law in Indonesia indicates that the repressive legal approach has not been fully effective in addressing juvenile crime. Children, as subjects of law, have social and psychological characteristics that differ from adults, so law enforcement against them must consider humanitarian and educational aspects. This research aims to analyze the factors causing children to commit criminal acts and formulate a model for addressing them based on developing a legal culture rooted in Pancasila values. This research employs a normative juridical method with conceptual and legislative approaches, and analyzes data qualitatively thru literature review and positive legal norms. The research findings indicate that the causes of children committing criminal acts are multidimensional, encompassing family factors, social environment, education, economics, and psychological factors. Therefore, mitigation efforts cannot be done partially, but must be thru a preventive, educational, and restorative approach. This research offers a model for overcoming challenges thru the development of a legal culture based on five main pillars: family, education, society, the state, and the legal system. This model emphasizes the importance of synergy between law enforcement and moral development in accordance with the values of Divinity, Humanity, Unity, Deliberation, and Social Justice. Thus, the development of Pancasila legal culture is expected to realize a child criminal justice system that is humanistic, substantively just, and oriented toward social rehabilitation in accordance with the legal ideals of a Pancasila state of law.

The enactment of Law Number 1 of 2023 concerning the Indonesian Criminal Code (KUHP Nasional 2023) has brought significant changes to the national penal system, particularly in the regulation of sanctions imposed on children who commit criminal offenses. Children as offenders constitute a special legal subject who require a sentencing approach oriented toward protection, guidance, and rehabilitation. This study aims to analyze the regulation and concept of sentencing for children under the perspective of the KUHP Nasional 2023 and to assess its conformity with the principles of child protection and the objectives of the juvenile justice system in Indonesia. This research employs a juridical descriptive method using statutory and conceptual approaches through a literature review of primary, secondary, and tertiary legal materials. The findings indicate that the KUHP Nasional 2023 normatively accommodates a more humane sentencing approach by emphasizing the objectives of punishment and providing non-custodial sanctions and rehabilitative measures. However, these provisions remain general and have not been explicitly integrated with restorative justice principles as stipulated in the Juvenile Criminal Justice System Act. Therefore, regulatory harmonization and consistent implementation are necessary to ensure that sentencing for children truly reflects the best interests of the child and the rehabilitative goals of the juvenile justice system.

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.

Murder committed by children presents a dilemma in the criminal justice system, as it must balance the enforcement of justice with the protection of children's rights. This article examines the problematic nature of juvenile criminal liability in murder by comparing the perpetrator's legal approach to that of adults. Normative juridical research methods are used to explain legal provisions, court decisions, and related doctrines. The results indicate that juvenile offenders are not solely focused on their culpability but also on the child's psychological capabilities, maturity level, and social circumstances. Meanwhile, adult offenders are held fully accountable, with a focus on punishment. The main challenges are the difficulty of proving intent and the need for special mechanisms for handling juvenile offenders of serious crimes. This study provides for strengthening the capacity of law enforcement, improving child rehabilitation facilities, optimizing diversion mechanisms, and educating the public to support humane and proportional protection and enforcement of justice.

The rampant circulation of illegal drugs involving children as drug couriers is an issue that requires serious attention from the government, law enforcement agencies, and the wider community. It is important to note that children who commit criminal acts must still receive legal protection in order to ensure their best interests. This study aims to examine the forms of criminal liability and legal protection provided to children who act as drug couriers. The method used in this paper is normative juridical. The results of the study show that children who commit narcotics crimes, especially as couriers, can be charged under Law Number 35 of 2009 concerning Narcotics, but special provisions stipulated in Law Number 11 of 2012 concerning the Juvenile Criminal Justice System must still be taken into account. An example of legal protection is the reduction of prison terms, as decided by the Denpasar District Court. This consideration was given because the child defendant was still underage, had an unstable psychological condition, and needed supervision and counseling to prevent recidivism. Leniency in sentencing is also important to protect children's rights.

The current penal system in Indonesia focuses solely on the punitive nature of sentencing, without considering how to effectively reform the child offender for the better. This research employs a normative juridical method. The litigation process or juvenile justice system has been specifically regulated under Law Number 12 of 2011, which prioritizes the diversion system. In the litigation process, children's rights to grow, develop, and receive education must not be diminished. The educational penal system for children as criminal offenders has been regulated in Law Number 3 of 1997, particularly concerning the sanctions imposed on children as stipulated in Article 24 paragraph (1), which include: returning the child to their parents, guardian, or foster parent; handing over the child to the state to undergo education, coaching, and job training; or handing the child over to the Ministry of Social Affairs or social organizations engaged in education, coaching, and job training. The diversion system implemented in Indonesia differs from the diversion systems applied in other countries, where the system often collaborates with the Ministry of Social Affairs. According to Law Number 12 of 2011, diversion must be prioritized for children in order to prevent psychological harm. Obstacles in implementing educational sentencing or diversion systems for children arise when judges in Indonesia impose sentences rigidly based solely on statutory provisions, without considering the background, the best interests of the child, or the psychological impact of the decision, and without prioritizing justice for the child.

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.

Minors today are increasingly involved in criminal acts, and this does not happen without reason. One contributing factor is the consumption of alcoholic beverages. Children in Ujoh Bilang Village have started consuming alcohol, influenced by several factors, despite being underage. They consume both branded alcoholic drinks and traditional beverages such as arak. Based on research conducted in Ujoh Bilang Village, Mahakam Ulu, several factors have been identified as reasons why minors consume alcohol. These include internal factors within the child, external factors such as family influence, environment, alcohol vendors, and cultural factors. These elements serve as the background for underage alcohol consumption in the village. According to the research findings, minors who consume alcohol are not subjected to criminal punishment but are instead given warnings or educational guidance and then returned to their parents. However, minors can be held criminally responsible under the juvenile criminal justice system if they are unable to control themselves due to intoxication, leading to criminal acts such as accidents, fights, or even murder. In such cases, minors may be prosecuted for their actions.