NTB pioneers implementation of new Juvenile Law System

Despite introducing a law on Juvenile Courts in 1997, Indonesia does not have a child‑sensitive juvenile justice system. The criminal age of responsibility is 8 years of age, and children as young as 12 can be imprisoned. About 90% of children sent to court are sentenced to prison, mostly for petty crimes.

Imprisonment is often the first and only resort for children who have committed crimes in Indonesia, although the Convention on the Rights of the Child and Indonesia’s own 2002 Child Protection Law stipulate that detention should only be used as a last resort.

Indonesia’s new Juvenile Law System (Undang-undang No 11/2012 tentang Sistem Peradilan Pidana Anak or UU SPPA) aims to improve the juvenile justice system. It includes options for diversion and restorative justice. Diversion allows children to be processed outside of the criminal justice system, and restorative justice gives them the opportunity to make their reparations in a more community led and child-friendly way.

AIPJ is supporting the National Juvenile Justice Secretariat to oversee the implementation of the new law. Together with its partners, AIPJ launched a pilot of UU SPPA implementation in Nusa Tenggara Barat (NTB) on 27 October 2014. NTB is the first province to pilot UU SPPA implementation, but will soon be followed by eight other provinces.

A Memorandum of Understanding (MOU) was also signed at the launch between the local government of NTB province and the Local Police Department, High Prosecutor Office, High Court, Regional Office of Law and Human Rights, and local civil society organisations: LPA Anak and Panti Paramita. The MOU formalises NTB's commitment to implementing the new law together with local law enforcers.

Following the signing, 142 participants joined a workshop on implementing the UU SPPA with speakers Ibu Apong Herlina, AIPJ Advisor for Juvenile Justice and Prof. Harkristuti Harkrisnowo, Director General of Justice Administration at the Ministry of Law and Human Rights. The UU SPPA includes post-diversion assistance that Ibu Apong stated, "Is important for preparing children to go back into the community.”