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UNEARTHING THE PHILOSOPHICAL ROOTS OF PANCASILA ON DISTINCTIVE LEGAL TREATMENTS FOR CHILDREN IN CONFLICT WITH THE LAW

Yustisia · Vol. 6 No. 2 (2017) · pp. 288–301

DOI
10.20961/yustisia.v6i2.12412
ISSN
2549-0907, 0852-0941
Published
2017-08-27
Publisher
Faculty of Law, Universitas Sebelas Maret
Language
eng
License
creativecommons.org/licenses/by/4.0/

Abstract

Thus far, equality before the law is understood as an ideality without limitation and exception. Its enforceability is considered to apply indiscriminately for every law breaker. However, reality of law enforcement says differently when a perpetrator of the crime is called an early age child. Special regulations exist injustice system, law governing it as well as provisions derived from the children rights, although the child is positioned as dealing with the law. In such context of an establishment of law regarding children in conflict with the law, it is interesting to find philosophical roots of distinctive treatment negating equality before the law. The explorative step is more attractive, especially when many mosaics of conception has been discovered about what are the truths whena child is in conflict with the law: 1) violations committed by children are not purely mistakes of the children, 2) children are, nevertheless, having rights that must be fulfilled including when dealing with the law, 3) children has privileges with broad distribution of regulations in various sectors and according to the view based on Pancasila, they are keten (a link) of a nation. Such varied conceptions elicit necessity of unearthing philosophical roots, truths and realitiesthat are always plural. So that, the law established is not only be legal because it is formed in legitimate manner and by legitimate power (pedigree thesis), also incorporating theexisting basic values or moral principles, though not absolute, depending on condition of society (the moral thesis) (Twining, 2009). Thus, study of such legal products is not only be seen as the work of professional, but as Satjipto Rahardjo viewed, it is placed as an scientific object to explain that a law codified in legislation, though, is not something sacred to examine for its philosophical content.

Keywords

Collaboration network of the authors

30 authors · 71 co-authorship links

Hover or tap a name to highlight its co-authors. Double-click to open the author's page.

  • Universitas Pertamina
  • Sebelas Maret University
  • Affiliation unknown
  • Different organisations
  • Same organisation
  • Affiliation unknown
  • Thicker line = more joint articles · bigger circle = more articles
Show as table
Co-authorOrganisationJoint articles
Itok Dwi KurniawanAffiliation unknown2
Pujiyono SuwadiAffiliation unknown2
Acacio FernadesAffiliation unknown1
Dara Pustika SukmaAffiliation unknown1
Umi Khaerah PatiAffiliation unknown1
Mohamad Hanapi Bin MohamadAffiliation unknown1
Abdul Kadir JaelaniAffiliation unknown1
Behruz ShamsutdinovAffiliation unknown1
Dildora BazarovaAffiliation unknown1
Zico Junius FernandoAffiliation unknown1
Firdaus ArifinAffiliation unknown1
I Gusti Ayu Ketut Rachmi HandayaniAffiliation unknown1
Erwan Adi PriyonoAffiliation unknown1
Muhammad AbdillahUniversitas Pertamina1
Hartiwiningsih HartiwiningsihAffiliation unknown1
Sulistiyanta SulistiyantaAffiliation unknown1
Rahmawati RahmawatiAffiliation unknown1
Shalih Mangara SitompulAffiliation unknown1
Aldi Rizki KhoiruddinAffiliation unknown1
Alarico Mendonca TilmanAffiliation unknown1
Amelia HaryantiAffiliation unknown1
Dindin DindinAffiliation unknown1
Kukuh TejomurtiAffiliation unknown1
Rachma IndriyaniAffiliation unknown1
Arsyad AldyanSebelas Maret University1
Ponco HartantoAffiliation unknown1
Rizqan KamilAffiliation unknown1

Affiliations come from OpenAlex; journal OAI-PMH metadata carries none. Authors without an OpenAlex ID are matched by name, which can merge or split people.

Metadata source: OAI-PMH (metadata jurnal) https://jurnal.uns.ac.id/yustisia/oai, first harvested 10 Nov 2026, last seen 10 Nov 2026.
Original metadata (oai_dc) 
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	<dc:title xml:lang="en-US">UNEARTHING THE PHILOSOPHICAL ROOTS OF PANCASILA  ON DISTINCTIVE LEGAL TREATMENTS FOR CHILDREN  IN CONFLICT WITH THE LAW</dc:title>
	<dc:creator>Santoso, Bambang</dc:creator>
	<dc:creator>.Soehartono, Soehartono</dc:creator>
	<dc:creator>Rustamaji, Muhammad</dc:creator>
	<dc:subject xml:lang="en-US">Children in conflict with the law, philosophy of Pancasila, different treatment.</dc:subject>
	<dc:description xml:lang="en-US">Thus far, equality before the law is understood as an ideality without limitation and exception. Its enforceability is considered to apply indiscriminately for every law breaker. However, reality of law enforcement says differently when a perpetrator of the crime is called an early age child. Special regulations exist injustice system, law governing it as well as provisions derived from the children rights, although the child is positioned as dealing with the law. In such context of an establishment of law regarding children in conflict with the law, it is interesting to find philosophical roots of distinctive treatment negating equality before the law. The explorative step is more attractive, especially when many mosaics of conception has been discovered about what are the truths whena child is in conflict with the law: 1) violations committed by children are not purely mistakes of the children, 2) children are, nevertheless, having rights that must be fulfilled including when dealing with the law, 3) children has privileges with broad distribution of regulations in various sectors and according to the view based on Pancasila, they are keten (a link) of a nation. Such varied conceptions elicit necessity of unearthing philosophical roots, truths and realitiesthat are always plural. So that, the law established is not only be legal because it is formed in legitimate manner and by legitimate power (pedigree thesis), also incorporating theexisting basic values or moral principles, though not absolute, depending on condition of society (the moral thesis) (Twining, 2009). Thus, study of such legal products is not only be seen as the work of professional, but as Satjipto Rahardjo viewed, it is placed as an scientific object to explain that a law codified in legislation, though, is not something sacred to examine for its philosophical content.</dc:description>
	<dc:publisher xml:lang="en-US">Faculty of Law, Universitas Sebelas Maret</dc:publisher>
	<dc:contributor xml:lang="en-US"></dc:contributor>
	<dc:date>2017-08-27</dc:date>
	<dc:type>info:eu-repo/semantics/article</dc:type>
	<dc:type>info:eu-repo/semantics/publishedVersion</dc:type>
	<dc:type xml:lang="en-US"></dc:type>
	<dc:format>application/pdf</dc:format>
	<dc:identifier>https://jurnal.uns.ac.id/yustisia/article/view/12412</dc:identifier>
	<dc:identifier>10.20961/yustisia.v6i2.12412</dc:identifier>
	<dc:source xml:lang="en-US">Yustisia; Vol 6, No 2: August 2017; 288-301</dc:source>
	<dc:source>2549-0907</dc:source>
	<dc:source>0852-0941</dc:source>
	<dc:language>eng</dc:language>
	<dc:relation>https://jurnal.uns.ac.id/yustisia/article/view/12412/10994</dc:relation>
	<dc:rights xml:lang="en-US">Copyright (c) 2017 Bambang Santoso</dc:rights>
	<dc:rights xml:lang="en-US">https://creativecommons.org/licenses/by/4.0/</dc:rights>
</oai_dc:dc>