Implementing Justice for Children in Conflict with the Law: Philosophical Aspects of Living Law

Didi Jubaidi, Timbo Sirait

2023

Abstract

The process of juvenile criminal justice has demonstrated how the law operates, still adhering to syllogism principles, a legalistic perspective of the law, and equating law with legislation. This type of research is normative legal research using a philosophical, theoretical, and conceptual approach. The research was conducted in the provinces of Bali. This paper provides insights into the latest trends in research. The research findings indicate that the essence of customary criminal sanctions is significantly influenced by the values prevailing in society as a cultural value system and is also influenced by philosophical and sociological aspects. Similarly, for various cultures, tribes, and customary practices, the application of customary criminal sanctions varies greatly based on specific variables. In Indonesia's traditional legal system of local communities, better known as customary law, the tendency of customary sanctions leans towards a restorative meaning. Meanwhile, the formation of practical law is oriented towards legal principles, as law is not merely a structure of regulations but also embodies philosophical values. Hence, it is only fitting that legal regulations encompass a section capable of transmitting philosophical values, and that section is the legal principles.

Paper Citation

in Harvard Style

Jubaidi D. and Sirait T. (2023). Implementing Justice for Children in Conflict with the Law: Philosophical Aspects of Living Law. In Proceedings of the 4th International Seminar and Call for Paper - Volume 1: ISCP UTA '45 JAKARTA; ISBN 978-989-758-691-0, SciTePress, pages 475-485. DOI: 10.5220/0012582700003821

in Bibtex Style

@conference{iscp uta '45 jakarta23,
author={Didi Jubaidi and Timbo Sirait},
title={Implementing Justice for Children in Conflict with the Law: Philosophical Aspects of Living Law},
booktitle={Proceedings of the 4th International Seminar and Call for Paper - Volume 1: ISCP UTA '45 JAKARTA},
year={2023},
pages={475-485},
publisher={SciTePress},
organization={INSTICC},
doi={10.5220/0012582700003821},
isbn={978-989-758-691-0},
}

in EndNote Style

TY - CONF

JO - Proceedings of the 4th International Seminar and Call for Paper - Volume 1: ISCP UTA '45 JAKARTA
TI - Implementing Justice for Children in Conflict with the Law: Philosophical Aspects of Living Law
SN - 978-989-758-691-0
AU - Jubaidi D.
AU - Sirait T.
PY - 2023
SP - 475
EP - 485
DO - 10.5220/0012582700003821
PB - SciTePress