Restorative Justice - Dealing With a Child law

Kids are Already codified law

      Based on the laws and regulations in force in Indonesia legally , the age limit of children occurs when a person is categorized dualisme.Satu parties stipulate that the child is a person under the age of 21 years , on the other hand set a child is a person under the age of 18 years .

      In our system of law there is no unification of the law of the child , but was codified in the laws current . Pengetian Act gives children more focused on age restrictions . For more details, the author presents some sense Hygiene Law which has been codified .
a) Definition of Child Law by Law . 3 Th 1997 chapter 1 verse 2

      Formulate that the child is in the case of people who have a bad boy aged 8 years , but have not reached 18 years and have never been married .

      According to Law No. 3 Th 1997 the child requirement is :
1 ) Children ages 8 is limited to 18 years .
2 ) Children have never been married .
It means not being bound by marriage or never marry, then the child is bound cerai.Bila marriage or marriages break up because of divorce , then the child is considered an adult , although was not even 18 years old .

b ) Understanding Children under Law No. 12 Th 1995 on Corrections .

      Status of children based on court decisions can be as criminal or the State Children's Children .
1 ) Children are children based Criminal Court decision to undergo Criminal Correctional Institution ( LP ) at least until the age of 18 years old .
2 ) the State Children child by court verdict delivered in the State to be educated and placed in the old LP child until the age of 18 years .

 c ) Understanding Children under Penal Code Article 45
Defined as minors if not 16 years old. Therefore, if the child is caught in a criminal case the judge will order that the mark! Would be returned to his parents , guardian or maintenance is not subject to a penalty . The provisions of Article 35 , 46 , and 47 of the Criminal Code was abolished with the enactment of Law No. 3 Th 1997.
d ) Understanding Children under the Civil Code . Article 330 Civil Code says minors are those who have not attained the age of 21 years and not even first married .
e ) Definition of Universal Children's Children by Article 1 of the Convention is any person who is under 18 years old unless it has been determined that the age of majority is attained earlier .
f ) Definition of the child according to Law No. 4 of 1979 on Child Welfare provides general limitations looser . Article 1 paragraph 2 of Law No. 4 of 1979 on Child Welfare said : " Children are a person who has not attained the age of 21 (twenty one ) years old and has never been married " .



      Based on some notion of the child above, it appears that the positive law in Indonesia there is pluralism regarding child criteria . This is according to Darwin Prinst is as a result of any legislation regulating its own krteria of children . [ 1 ]


        Children in Conflict with the Law ( ABH )
As we all know that the issue of child protection in Indonesia is very heavy and complex . One of the serious problems and urgent attention is the handling for Children in Conflict with the Law ( ABH ) .
Dimensions of conflict with the law means the child's actions are contrary to the provisions of applicable laws and lawful in Indonesia, so in this context can be defined that children in conflict with the law children who are minors under the law and act - actions that are contrary to applicable laws and lawful .
Generally, children in conflict with the law is defined as a child alleged as, accused of or found guilty of violating the provisions of law or a child who is alleged to have committed or has been found to be committing an offense . In the legal literature , ABH mentioned that children in conflict with the law is a child who has reached the age of 12 (twelve ) years but not attained the age of 18 (eighteen ) years of age and not married :
a. Alleged , suspected , indicted , or convicted for a criminal offense ;
b . Who are victims of crime or who saw and / or heard themselves occurrence of a crime .
Children in conflict with the law can also be regarded as children who are forced into contact with the criminal justice system because : [ 2 ]
a. Suspected , indicted , or found guilty of breaking the law
b . Have become victims of the unlawful acts done pliers person / group of people / institutions / countries against him , or
c . Have seen , heard , felt , or know of an event lawlessness .

                        There are two categories of behavior that made ​​him have to deal with the law : [ 3 ]
a. status offense
Namely delinquency behavior which, if exercised adults are not considered crimes
eg school truancy , running away from home , etc.
b . Juvunile Delequency
Namely delinquency behavior which, if exercised adults are considered evil or criminal
eg ; robbery , rape , sexual harassment , etc.
Therefore if seen the child scope
conflict with the law can be divided into :
a. Perpetrators or suspects of a crime;
b . Victims of crime;
c . Witness of a crime
In understanding the Children in Conflict with the Law ( ABH ) there are some important things that are related , namely :


a. Perpetrators often a means of venting anger of people who feel tarnished sense of justice .
b . Law and its law enforcement officers attempted to meet with the public sense of justice process criminal cases committed by the child .
c . As a child , law and public justice should be placed in a framework that encourages constructive manner towards the physical and psychological development .
In legislation the government has established a variety of rules in an effort to provide protection to children , daiantaranya :
a. Article 66 of Law No. 39 Year 1999 on Human Rights , in the juvenile justice process include :
1 ) The right not to be tortured
2 ) There should be sentenced to death or life imprisonment
3 ) Deprived of liberty unlawfully
4 ) Deprived of liberty as a last resort
5 ) The separation of juveniles from adults
6 ) Right to legal aid
7 ) Obtain justice before the law


b . Article 64 of Law No. 23 of 2002 on Child Protection include :
1 ) The treatment of the corresponding human dignity
2 ) The child's special assistant
3 ) The imposition of appropriate sanctions in accordance with the best interests of the child
4 ) Provision of adequate infrastructure
5 ) Avoidance of publication


c . Internationally, the United Nations has set guidelines for the implementation of The Beijing Rules which sets out principles :
1 ) Non-discrimination in the judicial process
2 ) The Court is fair, effective and humane
3 ) Determination of the age limit of liability
4 ) The imposition of imprisonment as a last resort
5 ) Actions done in accordance diversion consent of the child or the parents
6 ) The protection of children's privacy


Other regulations on the protection of children's rights contained in the various provisions of the legislation include:
a. Law No. 3 of 1997 on Juvenile Justice for the legal field .
b . Law No. 9 of 1960 on the Principles of Health in Section 1 , Article 3, paragraph ( 1 ) , Article 9, paragraph ( 2 ) for the health sector .
c . Constitution of 1945 Article 31 paragraph ( 1 ) and Law No. 12 Year 1945 on Basics of Teaching and Education in Schools , Article 17 and Article 19 on education .
d . Law No. 4 of 1979 on Child Welfare , on welfare .


International law also contained in the three most important instrument in protecting the rights of children with problems in the field of law ( Children in Conflict with the Law ) , namely :
a. The UN Guidelines for the Prevention of the Juvenile Deliquency ( The Riyadh Guidelines )
b . The UN Standard Minimum Rules for the Administration of Juvinile Justice ( The Beijing Rules)
c . The UN Rules for the Protection of Juvenile Deprived of Their Liberty [ 4 ]


            Sense of justice for children in conflict with the law is secured are all children to access services and optimal protection from the judicial system and the legal process . Children in conflict with the law is defined as a child in a position as victims , witnesses and perpetrators . Meanwhile, children in conflict with the law when the child is positioned as a suspect or criminal defendant .
[ 1 ] J.E. Sahetapy , victimology A Flower Rampai , 1987 , p.2
[ 2 ] Apong Herlina , et al , for the Protection of Children in Conflict with the Law , Handbook for Police , Unicef ​​, Jakarta , 2004, p 17
[ 3 ] Purnianti , Mamik Sri Supatmi and Ni Made Martini Tinduk , quoting Harry E Allen and Clifford E Simmonsen in Correction in America : A Introduction , Situation Analysis of Children Criminal Justice System ( Juvunille Justice System ) in Indonesia, UNICEF , Indonesia , 2003 case 2
[ 4 ] maidins Gultom , Legal Protection of Children Against Child In The Criminal Justice System in Indonesia , PT Refika Aditama , London , 2008, p 51