PHILOSOPHICAL DIMENSION OF LIVING LAW INTEGRATION: REALIZING JUSTICE FOR CHILDREN WITH LEGAL CONFLICT
The Judicial Process for handling juvenile crimes has shown how the law works, namely still adhering to the teachings of the syllogism, a legal view that is legal in nature, law is identified as a statutory. Type of the study is a normative-legal research by using philosophical, theoretical, and conceptual approach. It was conducted in the Provinces of Bali and West Papua, Indonesia. This paper provides information on the latest trend in research. The results show that the essence of customary criminal sanctions is strongly influenced by the values that develop in society as a cultural value system and is also influenced by philosophical and sociological aspects. Likewise, for various cultures, tribes and customs that exist, the application of customary criminal sanctions varies greatly with a background of certain variables. In the traditional legal system, local communities in Indonesia are better known as customary law systems, the tendency for customary sanctions to lead to meaning that is restitutive. Meanwhile, the formation of practical law is oriented towards legal principles, because law is not only a building of regulations, but also a building of philosophical values. Therefore, it is appropriate that in the legal regulations there is a part that is able to transmit philosophical values and that part is legal principles.
Children; Criminal Law; Legal Policy; Legal Philosophy; Living Law