Juvenile (In)justice: Children in Conflict with the Law in Indonesia

Abstract

Two significant events occurred in Indonesia in 2014 in relation to children in conflict with the law. First, Indonesia’s Law No. 11/2012 on the Juvenile Criminal Justice System came into effect on 30 July, with the first minors being tried on 12 August 2014. Second, the United Nations Committee on the Rights of the Child (uncrc) presented its concluding observations to Indonesia’s periodic report. It is timely to reflect on the progress Indonesia is making in respect to children in conflict with the law. In providing the first systematic analysis of Indonesia’s juvenile justice system, we trace the history of juvenile justice in Indonesia, outlining both international and national conventions and laws applicable to Indonesia. We assess judicial and pragmatic progress and highlight areas of continuing concern regarding children in conflict with the law in Indonesia. We conclude that despite Indonesia becoming an early signatory to the un Convention on the Rights of the Child (uncrc) and the nation’s subsequent ratification of child-friendly judicial policies, Indonesia has failed to follow through on its various commitments. This failure demonstrates not only the difficulties of effecting change in a super-diverse country with systemic corruption and poverty, but suggests a concern in Indonesia for presenting a positive public image above substantively improving the lives of children in conflict with the law. We argue that while Indonesia’s law changes are positive, adequate resources must be allocated to ensure successful implementation. We conclude by suggesting that indigenous restorative justice practices can be utilised to strengthen Indonesia’s juvenile justice system.