12 - The Juvenile Courts and Children’s Rights

Summary

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.