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