Diversion In Juvenile Criminal Cases(Evidence Based Practise)

Sahetapy, Elfina Lebrine (2018) Diversion In Juvenile Criminal Cases(Evidence Based Practise). In: International Conference on Law and Government in a Global Context (ICLAVE), 7 and 8 November 2018, Bali. (Unpublished)

PDF Elfina Sahetapy_Diversion In Juvenile Criminal Cases_2nd-icLave-2018-Program-Book.pdf Download (3MB)

Abstract

President of the Republic of Indonesia enacted Law No. 11 of 2012 in July 30, 2012. The law regulates about Juvenile Criminal Justice System and is an amendment of Law No. 3 of 1997. Law No. 3 of 1997 is seen irrelevant with the current legal developments and needs of the society, because the law did not provide a comprehensive child protection before the law, hence must be amended with the new law. However, Law No. 11 of 2012 only began to be implemented in July 2014, in accord to article 108. There a number of new issues regulated in this Law, for instance: the term “naughty children” is revised to “children with legal conflict”. Another change is the minimum age of children to be the object of juvenile criminal justice system, from 8 years old to 12 years old, and below 18 years old of age. Restorative justice principle is also regulated in the new law (article 1 point 6). This principle provides the definition of case finalization, whereby the process to finalize a case must include the perpetrator, the victim, the family of the perpetrator and the family of the victim, and other related parties, to look for a fair solution and to restore the previous condition, and not a mean of revenge. In other words, this Law put more emphasis on seeking of solution alternatives outside of criminal justice system, meaning that the Law is giving hope that the punishment of a criminal act in a form of prison time will only be a last resort.

Item Type:	Conference or Workshop Item (Lecture)
Subjects:	K Law > K Law (General)
Divisions:	Faculty of Law > Department of Law
Depositing User:	Elvina Lebrine Sahetapy 2141
Date Deposited:	21 Nov 2019 02:40
Last Modified:	24 Sep 2021 08:19
URI:	http://repository.ubaya.ac.id/id/eprint/36758

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