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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