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The Implementation of Measures Against 12-Year-Old Children as Perpetrators of Criminal Acts from the Perspective of the Best Interests of the Child

Year: 2025
Type: article
Abstract: This study analyzes the application of the principle of the best interests of the child in the juvenile criminal justice system in Indonesia, with a focus on the treatment of 12-year-old children who commit criminal offenses. Although Law No. 11 of 2012 on the Juvenile Criminal Justice System normatively stipulates an approach that prioritizes rehabilitation through diversion, corrective measures, and restorative justice, the research findings indicate that there are still practices of criminal punishment against children, particularly those aged 12, that contradict the spirit of child protection under the law. These findings indicate that the principle of the best interests of the child has not been fully internalized by law enforcement officials, leaving children at risk of becoming victims of the justice system itself. In this context, optimizing the role of Social Welfare Institutions (LPKS), such as the Handayani Center in East Jakarta, serves as a strategic means of providing comprehensive social rehabilitation services, from psychosocial assessment to spiritual guidance and post-rehabilitation monitoring. LPKS plays a crucial role in ensuring children receive treatment that upholds their rights and supports healthy social reintegration. Therefore, this study concludes that the implementation of the principle of the best interest of the child can only be effectively achieved through strong synergy between law enforcement officials and social institutions, as well as oversight of the implementation of the Child Criminal Justice System Act to ensure it does not deviate from the values of child protection and justice that are educational and humane in nature.
DOI: 10.47191/ijsshr/v8-i6-26
Language: English
Subfield: Law
Open Access status: hybrid
OpenAlex ID: W4411281874
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