Elfina L.Sahetapy Faculty of Law University of Surabaya Asia Pacific Council Juvenile Justice Second Meeting Phuket, 6 May 2015
Amendment of Law No 3 of 1997 to Juvenile Criminal Justice System Act No 11 of 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 (2015)Female The data sources done by Directorate General of Corrections.
YEARBOYSGIRLS 2015 (April)
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
YEARBOYSGIRLS 2015 (April)
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.
INVESTIGATION POLICE PROSECUTION PROSECUTOR PROSECUTION PROSECUTOR COURT JUDGE COURT JUDGE PROCESS OF DIVERSION EFFORT TO DIVERSION FAILED NEXT PUNISHMENT