Situation during visit
Steps taken in previous years
(A/HRC/13/39/Add.6 and
Information received in the reporting
A/HRC/16/52/Add.2)
period
not apply to children or pregnant women.
Children
90. The age of criminal
responsibility should be raised
as a matter of priority.
Through further reform of the
juvenile justice system,
Indonesia should take
immediate measures to ensure
that deprivation of liberty of
minors is used only as a last
resort and for the shortest
possible period of time and in
appropriate conditions.
Children in detention should
be strictly separated from
adults.
Criminal responsibility started in
Indonesia at the age of 8;
Government: Article 16, paragraph 3 of
Law No.23/2002 on the Protection of
Children states that ―any arrest, detention
Small children were put in
or imprisonment of children shall be
detention facilities and prisons,
applied pursuant to the prevailing laws
very often mixed with much older
and regulations and will only be
children and adults.
considered as the last resort.‖ Articles 26,
27 and 28 of Law No.3/1997 on Trial
Proceedings for Children stipulate that
imprisonment, detention and fines
applied to children can only be half of the
penalties applied to adults.
The Supreme Court, the Ministry of
Justice and Human Rights, the National
Police, the Attorney-General, and the
Ministry for the Empowerment of
Women and the Protection of Children
are carrying out the following measures
in close cooperation with other
stakeholders:
- Expedite the revision of Law No. 3 of
1997 regarding Juvenile Justice System
to focus on raising the minimum age of
criminal responsibility from 8 years old
to 12 years old, and adopt a restorative
justice system for children in conflict
with the law;
- Continue dissemination of the
Convention and the Laws on Juvenile
Justice and on Child Protection,
especially to law enforcement personnel
involved in juvenile criminal justice
system;
- Intensify trainings on juvenile criminal
Government: Following the request for
a judicial review from the Indonesian
Commission for Child Protection, the
Indonesian Constitutional Court has
decided that the minimum age of a
person who can be held legally
accountable before the law is 12 years
old.
a. In March 2012, the Government
has proposed a revision to Law
No. 3/1997 on Trial Proceedings
for Children, which is currently
under the discussion in the
Parliament. The revision
includes:
b. Raising the minimum age of a
person who can be held legally
accountable before the law,
from 8 years old to 12 years old;
c. Detention and imprisonment are
considered as the last resort;
d. Changing the term
―imprisonment‖ to ―special
treatment‖;
e. The arrangement of a childfriendly justice system;
f. The approach of restorative
justice for children in conflict
with the law.
Currently there are 16 child penitentiaries
in 16 provinces.
A/HRC/19/61/Add.3
122
Recommendations
(A/HRC/7/3/Add.7, para. 7292)
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