The juvenile courts and children’s rights: good Intentions, flawed execution

Putri K. Amanda, Shaila Tieken, Sharyn Graham Davies, Santi Kusumaningrum

Research output: Chapter in Book/Report/Conference proceedingChapter (Book)Researchpeer-review

Abstract

Over 3,000 children, defined as individuals below eighteen years of age, are imprisoned in Indonesia each year. This number is high despite Indonesia ratifying the Convention on the Rights of the Child and institutionalizing child protection laws, including the 2012 Juvenile Criminal Justice System Law. The 2012 law mandates that imprisonment is used as a last resort for children. The law also focuses on restorative justice principles, prioritizing diversion mechanisms, rehabilitation, and reintegration for children found guilty of committing a crime. Data suggests, though, that children are still routinely sent to prison as a first resort, and that the system lacks alternatives to imprisonment and specialized law enforcers, judiciaries, lawyers, and social workers. This chapter reviews existing evidence, policies and regulations, and discusses challenges in implementing the 2012 law in Indonesia. The chapter identifies ways to improve the juvenile system to contribute to broader court reform and access to justice for children. This chapter provides support for one of Lev’s most influential ideas: Law reform without a corresponding supportive change in legal culture will render the former deficient.

Original languageEnglish
Title of host publicationThe Politics of Court Reform
Subtitle of host publicationJudicial Change and Legal Culture in Indonesia
EditorsMelissa Crouch
Place of PublicationCambridge UK
PublisherCambridge University Press
Chapter12
Pages267-286
Number of pages20
Edition1st
ISBN (Electronic)9781108636131
DOIs
Publication statusPublished - 2019
Externally publishedYes

Keywords

  • Indonesia
  • children's court
  • children's rights
  • justice
  • law

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