Authors : Bahria Prentha, Made Sadhi Astuti, Prija Djatmika and Ismail Navianto
Abstract: The goal of the Republic of Indonesia to provide protection and welfare to children cannot be separated from the goals of the national development, i.e., to develop the citizens of Indonesia to be a whole human being not to exclude the children. To achieve the goals, one of the means used is the policy formulation related to legislation. The Law of the Republic of Indonesia Number 11 of 2012 on the Criminal Justice System for Juvenile Delinquency is the form of the legislation on juvenile justice system. Jail sentence still dominates the judge’s decision, although the judge may impose a penalty other than a jail sentence. Prison is not a good place to for children to grow. Community service order is a new type of penalty in the juvenile justice system in Indonesia and this can be an alternative for judges in dealing against crime of child actors. The consideration of the Law Number 11 of 2012 only contains the principle of protection alone and therefore, the principle of justice and welfare must be added as to ensure justice and welfare for children in conflict with the law. The juvenile justice system does not regulate the types of criminal offenses, the minimum age that can be imposed on community service and on the existence of children during the period of social work against their status as as the criminal actor. Therefore, a new concept of norm must be formulated in Article 73 and 76, i.e., adding, altering and inserting it. Referring to the Beijing Rules, Rule 18.1 on community service order, it is inconsistent to use the term social work and community service order as both have the same meaning, i.e. to avoid suffering due to the liberation, stigmatization and not losing self-confidence.
Bahria Prentha, Made Sadhi Astuti, Prija Djatmika and Ismail Navianto, 2018. Policy Formulation on Community Service Order for Crime of Child Actors Under the Framework for Child Protection. The Social Sciences, 13: 15-22.