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Elfina L.Sahetapy Faculty of Law University of Surabaya Asia Pacific Council Juvenile Justice Second Meeting Phuket, 6 May 2015.

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Presentation on theme: "Elfina L.Sahetapy Faculty of Law University of Surabaya Asia Pacific Council Juvenile Justice Second Meeting Phuket, 6 May 2015."— Presentation transcript:

1 Elfina L.Sahetapy Faculty of Law University of Surabaya Asia Pacific Council Juvenile Justice Second Meeting Phuket, 6 May 2015

2  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.

3  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

4  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.

5 YEARBOYSGIRLS 2015 (April) 54916 20142.09960 20131.46445

6  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

7 YEARBOYSGIRLS 2015 (April) 83713 201477416 20131.91353

8  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.

9  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.

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11  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.

12 INVESTIGATION POLICE PROSECUTION PROSECUTOR PROSECUTION PROSECUTOR COURT JUDGE COURT JUDGE PROCESS OF DIVERSION EFFORT TO DIVERSION FAILED NEXT PUNISHMENT

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