Rechtenstudent

Trends in Juvenile Crime: Assessing the Justice System and the Shift Toward Restorative Solutions

Fella Rezza Silviana, Nabila Luthvita Rahma — Sat, 20 Dec 2025 00:00:00 +0700

Diversion is an out-of-court solution for children in conflict with the law, or children as perpetrators of crimes. The increasing number of crimes committed by children has become an evaluation of the diversion system currently used in the juvenile criminal justice system as stipulated in Law Number 11 of 2012 concerning the Juvenile Criminal Justice System. This study aims to evaluate and provide solutions for the juvenile criminal justice system by combining restorative justice and integral policies. This study is library research with primary legal materials in the form of the SPPA Law, the Criminal Code, and secondary legal materials in the form of scientific articles, books, and news related to the research topic. Data were analyzed using statutory, case, and conceptual approaches, and using grammatical legal interpretation. The results of the study indicate that the evaluation of the diversion system includes a lack of adequate resources, a lack of training and awareness of law enforcement officers, especially regarding child psychology, delays in the judicial process, and the existence of social stigma that influences victims' reluctance to report to the authorities. Recommendations for improving the diversion system need to be implemented through penal mediation between victims and perpetrators through a restorative justice approach, as well as integral efforts starting from the role of the family, school, and the environment.

The Role of Land Registration in Spatial Planning: A Comparative Study of Indonesia and USA

Brian Mochamad Fahmi, Handar Subhandi Bakhtiar — Sun, 21 Dec 2025 00:00:00 +0700

The government holds the obligation to ensure legal certainty over land ownership, control, and utilization through a structured land registration system. The state bears the interest in regulating the relationship between land rights and spatial planning as the foundation for sustainable land use control. This research examines the relationship between the land registration system and spatial planning policies in the practice of land administration in Indonesia and the United States. This study also analyzes the effectiveness of the land registration system as an instrument to support the implementation of spatial planning. The method used in this research is normative juridical, based on legal literature, statutory regulations, and comparative law approaches. The results show that the land registration system in Indonesia remains declarative and has not been substantially integrated with the spatial planning system. The Indonesian government has not yet established a technical mechanism to functionally align land data with spatial plans. The United States government has developed institutional integration between land registration and zoning regulations. The legal system in the United States demonstrates a higher degree of effectiveness in using land registration as a tool to control land use. The Indonesian government needs to strengthen its legal and institutional framework to enable land registration to function as a legal instrument for efficient and sustainable spatial planning.

Assessing the Impact of Cultural Integration on the Indonesian Legal System from Multicultural Perspective

Andika Ronggo Gumuruh, Moh. Farhan — Sun, 21 Dec 2025 00:00:00 +0700

Legal analysis in the context of multiculturalism in Indonesia is essential to understand how cultural diversity influences and shapes the national legal system. Indonesia’s rich plurality of ethnicities, traditions, and belief systems presents both opportunities and challenges in harmonizing state law with local values. The development of legal pluralism demonstrates that Indonesian law is not solely built upon positive law, but is also influenced by social norms and cultural practices embedded within society. This condition highlights the importance of examining how law can function as a tool of integration in a multicultural environment while simultaneously ensuring the protection of individual rights. One of the key challenges in legal compliance arises from deeply rooted cultural patterns, particularly patriarchal norms that continue to affect legal interpretation and implementation. Using a library research method combined with normative legal analysis, this study draws upon statutory regulations, official legal documents, and academic literature to explore the relationship between multiculturalism and the legal system. The study concludes that, first, cultural integration significantly affects the Indonesian legal system, contributing both positive developments and complex challenges. Second, the main difficulty lies in balancing cultural autonomy with adherence to universal national legal principles. Third, the Indonesian legal system has progressively adapted to accommodate multicultural realities, although continuous refinement remains necessary.

The Politics Behind Omnibus Legislation: Flexibility and Power in Indonesia’s Lawmaking Process

Torik Abdul Aziz Wibowo — Tue, 23 Dec 2025 00:00:00 +0700

The adoption of the omnibus method as a legislative strategy to address regulatory complexity in Indonesia has sparked considerable debate, given that it constitutes an entirely new approach within the country’s legal framework. This article seeks to examine two key dimensions. First, the political configuration underpinning the enactment of Law No. 11 of 2020 on Job Creation; and second, the subsequent incorporation of the omnibus method into Law No. 13 of 2022 on the Formation of Legislation, alongside the role of the Constitutional Court in adjudicating its constitutionality through judicial review. Methodologically, the analysis employs both historical and conceptual perspectives. The findings reveal, first, that an elitist political configuration significantly shaped the adoption of the omnibus method in the Job Creation Law. The asymmetrical composition of parliament, marked by the dominance of pro-government coalitions, enabled a highly flexible regulatory framework for its implementation. Second, the Constitutional Court, through its ruling, failed to provide clear constitutional guidance on the legitimacy of the omnibus method, thereby allowing the legislature and the president to amend the Job Creation Law via a Government Regulation in Lieu of Law (Perpu) a mechanism that effectively bypassed the constitutional mandate set forth in the Court’s own decision.