nikmah, Rosidah and Amnawaty, S.H., M.H and RIfandy, Ritonga (2019) Progressive Juvenile Court Judges: Reform of the Juvenile Criminal Justice System in Indonesia through a Socio-Legal Approach. Primrose Hall Publsihing Group, 5 (2). pp. 753-768. ISSN 2201-1323
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Abstract
legal culture of the current juvenile criminal justice system in Indonesia 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. 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. 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. Key words: reformation, legal culture, juvenile court judge, progressive.
| Item Type: | Article |
|---|---|
| Subjects: | K Law > K Law (General) |
| Divisions: | Fakultas Hukum (FH) > Prodi Ilmu Hukum |
| Depositing User: | NIKMAH ROS |
| Date Deposited: | 09 Jun 2020 05:49 |
| Last Modified: | 09 Jun 2020 05:49 |
| URI: | http://repository.lppm.unila.ac.id/id/eprint/22106 |
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