Peer-reviewed article
Reconstruction of the Legal Protection Model For Children as Perpetrators of Criminal Acts Based on Restorative Justice in the Juvenile Justice System in Indonesia
Muthia Hilmi Zakiya, Abdurrakman Alhakim, Tantimin ·
Summary
Written by AI, not yet AICS's view · claude-sonnet-5-5This legal study looks at how Indonesia protects children who are accused of committing crimes. It reviews Law Number 11 of 2012 on the Juvenile Criminal Justice System, which sets an age limit for criminal responsibility, special juvenile courts, mandatory diversion and detention or imprisonment only as a last resort. The study finds that in practice officers often do not understand restorative justice well, children are still criminalised, pretrial detention is used too much, and facilities for diversion are limited. It proposes a restorative justice model with four elements: participatory diversion, a multidisciplinary approach, non-discrimination and removal of stigma, and ongoing collaboration among officers, families, schools, social institutions and the community.
Key points
- Law Number 11 of 2012 (UU SPPA) provides a protection framework through age limits on criminal responsibility, special juvenile justice mechanisms, mandatory diversion and the ultimum remedium principle.
- Obstacles in practice include officers' limited understanding of restorative justice, criminalisation of children, excessive pretrial detention and limited facilities for diversion.
- The proposed model has four elements: participatory diversion, a multidisciplinary approach (legal, psychological, social, educational), non-discrimination and elimination of stigma, and sustainable collaboration among stakeholders.
- The model aims to make the juvenile justice system a means of guidance and protection rather than only a repressive tool.
Limitations
This is a literature-based legal analysis (normative juridical method) and does not collect or measure field data on children's outcomes. The proposed model is conceptual and has not been tested, so we cannot say whether it would work in practice.
Abstract
The increasing number of children involved in criminal offenses highlights the urgency of comprehensive legal protection for children in conflict with the law (CICL), particularly those who serve as perpetrators of criminal acts. This study aims to analyze the forms of legal protection for children as perpetrators of criminal acts within Indonesia's juvenile criminal justice system, as well as to formulate an ideal legal protection model based on restorative justice that aligns with the principle of the best interests of the child. This study employs a normative juridical method with statutory and conceptual approaches, through a literature review of primary, secondary, and tertiary legal materials. The results show that Law Number 11 of 2012 on the Juvenile Criminal Justice System (UU SPPA) has provided a legal protection framework through age limitations on criminal responsibility, special juvenile justice mechanisms, mandatory diversion, and the ultimum remedium principle in sentencing. However, implementation in the field still faces obstacles, including law enforcement officers' limited understanding of restorative justice, the criminalization of children, excessive pretrial detention, and limited facilities to support diversion. This study formulates that an ideal restorative justice-based legal protection model comprises four main elements: strengthening participatory diversion, a multidisciplinary approach that considers legal, psychological, social, and educational aspects, the enforcement of non-discrimination principles and the elimination of stigma, as well as sustainable collaboration among law enforcement officers, families, educational institutions, social institutions, and the community. This model is expected to position the Juvenile Criminal Justice System not merely as a repressive instrument, but as a means of guidance and protection for children's futures.