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Reforming Juvenile Justice System in Indonesia: Evidence-Based Practices in Probation and Diversion

Explore the amendment of Indonesia's Juvenile Criminal Justice System Act to align with current needs, including restorative justice and diversion programs. Analyze challenges in the correctional system, detention issues, and probation protocols. Comparative approach to unique diversion model in Indonesia.

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Reforming Juvenile Justice System in Indonesia: Evidence-Based Practices in Probation and Diversion

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  1. Elfina L.Sahetapy Faculty of Law University of Surabaya Asia Pacific Council Juvenile Justice Second Meeting Phuket, 6 May 2015 PROBATION & DIVERSION :Evidence-Based Practice

  2. Amendment of Law  No 3 of 1997 to Juvenile Criminal Justice System Act No 11 of 2012. • seen irrelevent with the current legal developments and needs of the society. • the prior law did not provide a comprehensive child protection before the law. INTRODUCTION

  3. Minimum Age : from 8 to 12 years old • The terminology of Juvenile Delinquency change into Children Conflict with the Law • The Principle of Restorative Justice • Diversion is applicable New issues in new law

  4. There are 18 Juvenile Correctional Department in Indonesia, spreading of 33 provinces. Each provinces have 397 districts and 98 cities. (2015) • Human Resourches : Male 15.657 (2015) Female 4.108 • The data sources done by Directorate General of Corrections. DATA

  5. Juvenile in Correctional Department

  6. The capacity is overload. There is no privacy. • Transfer to adult prison. • Becoming victims. • No budget to build a new Juvenile Correctional Department. • There are 189 juveniles in drugs cases The problems

  7. Juvenile in detention

  8. Detention could be avoided if there is guarantee from their parents or institution. • Not repeating commit a crime during the time. • The juvenile offender has minimum age of 14 years old. • Crimes with requirement can be prosecuted with a maximum punishment for 7 years. • maximum detention is 7 days during investigation by the police. detention

  9. Crimes with requirement can be prosecuted with a maximum punishment for 2 years. • During the probation, is prohibited to commit a crime , and • have to finish their education as a compulsory • Maximum probation is 3 years. probation

  10. Behind Bars

  11. obtain reconciliation between perpetrator and victim; • to avoid the state from limiting child’s freedom; • to encourage the community participation; • to incept the sense of responsibility to children • Comparative Approach: The model of Diversion in Indonesia is slightly different  unique and interesting. The aim of Diversion in Article 6

  12. PROCESS OF DIVERSION EFFORT TO DIVERSION INVESTIGATION POLICE FAILED NEXT EFFORT TO DIVERSION PROSECUTION PROSECUTOR FAILED NEXT EFFORT TO DIVERSION COURT JUDGE FAILED PUNISHMENT

  13. Thank you for your attention

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