elfina l.sahetapy faculty of law university of surabaya asia pacific council juvenile justice second...

Elfina L.SahetapyFaculty of Law University of SurabayaAsia Pacific Council Juvenile Justice Second MeetingPhuket, 6 May 2015

Amendment of Law No 3 of 1997 to Juvenile Criminal Justice System Act No 11 of 2012.

seen irrelevent with the current legal developments and needs of the society.

the prior law did not provide a comprehensive child protection before the law.

Minimum Age : from 8 to 12 years old

The terminology of Juvenile Delinquency change into Children Conflict with the Law

The Principle of Restorative Justice Diversion is applicable

There are 18 Juvenile Correctional Department in Indonesia, spreading of 33 provinces. Each provinces have 397 districts and 98 cities. (2015)

Human Resourches : Male 15.657(2015) Female 4.108

The data sources done by Directorate General of Corrections.

YEAR BOYS GIRLS

2015(April)

549 16

2014 2.099 60

2013 1.464 45

The capacity is overload. There is no privacy.

Transfer to adult prison. Becoming victims. No budget to build a new Juvenile

Correctional Department. There are 189 juveniles in drugs

cases

YEAR BOYS GIRLS

2015(April)

837 13

2014 774 16

2013 1.913 53

Detention could be avoided if there is guarantee from their parents or institution.

Not repeating commit a crime during the time.

The juvenile offender has minimum age of 14 years old.

Crimes with requirement can be prosecuted with a maximum punishment for 7 years.

maximum detention is 7 days during investigation by the police.

Crimes with requirement can be prosecuted with a maximum punishment for 2 years.

During the probation, is prohibited to commit a crime , and

have to finish their education as a compulsory

Maximum probation is 3 years.

obtain reconciliation between perpetrator and victim;

to avoid the state from limiting child’s freedom; to encourage the community participation; to incept the sense of responsibility to children Comparative Approach: The model of Diversion

in Indonesia is slightly different unique and interesting.

INVESTIGATIONPOLICE

PROSECUTIONPROSECUTOR

PROSECUTIONPROSECUTOR

COURTJUDGE

COURTJUDGE

PROCESS OF DIVERSION

EFFORT TO DIVERSION

EFFORT TO DIVERSION

EFFORT TO DIVERSION

FAILED

FAILED

FAILED

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PUNISHMENT