nikmah rosidah, nikmah and Amnawaty, S.H., M.H and Rifandy, Rifandy (2019) Does the Juvenile Justice System protect Youth Supply chain? Progressive Juvenile Court Judges: Reform of the Juvenile Criminal Justice System in Indonesia through a Socio-Legal Approach supported by PLS-Structural Equation Modeling. Primrose Hall Publsihing Group, 6 (1). pp. 216-235. ISSN 2201-1323
|
Text
6114_IJICC_2019_TD_R.pdf Download (365kB) | Preview |
Abstract
The current Indonesian legal culture is based on written text contained in legislation that is positivistic and ignores progressive legal principles. This research takes a socio-legal approach (socio-legal research), from within the non-doctrinal legal research tradition, and uses the constructivism paradigm to explore this issue. Additionally,this study examines how the juvenile justice system protects youth supply chain. The findings of this study reveal that judges in the juvenile justice court do not follow a progressive legal approach where the law is judged by the social goals to be achieved and consequences of the operation of the law. It can be concluded that progressive law can be used as a basis and reference for juvenile court judges to make decisions on cases that prioritize social and religious morality, alongside substantive justice. Moreover, results of the Partial Least Square (PLS)-Structural Equation Modeling (SEM) reveal that the juvenile justice system protects youth supply chain. Childq punishment based on criminal activities causes issues related to mental health disorders which effect negatively on youth supply chain. Therefore, it is necessary to reform this legal culture by changing the positivist paradigm to a non-positivist one, by not only using a juridical approach, but also by engaging in social sciences and new legal values that support a progressive legal approach. For these reforms to take place, a judge must have the moral courage to take breakthrough steps outside of the law.
| Item Type: | Article |
|---|---|
| Uncontrolled Keywords: | reformation; legal culture; juvenile court judge; progressive; youth supply chain. |
| Subjects: | K Law > K Law (General) |
| Divisions: | Fakultas Hukum (FH) > Prodi Magister Hukum |
| Depositing User: | NIKMAH ROS |
| Date Deposited: | 28 Oct 2019 02:57 |
| Last Modified: | 28 Oct 2019 02:57 |
| URI: | http://repository.lppm.unila.ac.id/id/eprint/14639 |
Actions (login required)
 |
View Item |