ICLaD Issue No. 2/2014

This edition of ICLaD will discuss the implementation of Law No. 11 of 2012 on Juvenile Justice System (Sistem Peradilan Pidana Anak). A law that is projected as a regulation that upholds the right of children and adopts certain principles stated in the Convention on the Right of the Children. The Juvenile Justice Law has been considered as a progressive movement on legal aspect towards the protection of right of children in Indonesia and set a whole new level of juvenile justice system.

However, despite its positive responds, the Juvenile Justice Law is still subject to several strong criticisms. One of the criticisms is arisen due to the lack of control on the implementation of forceful measures. To a certain extent, the Juvenile Justice Law is still practicing the basic principle of Law No. 8 of 1981 on Criminal Procedural Law (KUHAP 1981). Hence, it is become apparent that the Juvenile Justice Law inherits the defect on human rights protection aspect since its being in force. After all, the KUHAP 1981 has been acknowledged as a legislation product with poor human rights protection principle, especially on provisions that are related to the authority of law enforcer and insufficiency of control on forceful measures.

Apart from the defect, the Juvenile Justice Law was drafted without a proper preparation. The Institute for Criminal Justice Reform (ICJR) noted that the government has responsibility to formulate six subject matters in the form of Government Regulation and two subject matters in the form of Presidential Regulation.

Unfortunately, the government shows a significant slow respond. The Government was eventually took serious action in formulating those subject matters after the Juvenile Justice Law is effectively enforced on 30 July 2014. Practically, the government had two years prior the Juvenile Justice Law is enforced that should have been used effective to prepare necessary actions. During the discussion of Draft Bill on Juvenile Criminal Justice, many criticisms and issues were arose on the lack of public disclosure when drafting provision on diversion, access to legal aid, development of non-custodial measures program, juvenile case registration, form and procedure in imposing criminal punishment, as well as the Provisions on the form and procedures of non-custodial measures

We hope that this ICLaD will picture the expectation attached by public to the new Juvenile Justice Law.

Enjoy reading

Ifdhal Kasim

Editor in Chief

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