Abstract
In July 2012, Indonesia enacted landmark legislation to reform the juvenile justice system. The Juvenile Justice Act is a break through which constituted to protect the rights of children in the juvenile justice system. This Act explicitly includes the principle of restorative justice, a principle that guarantees the government’s commitment to use rehabilitative and restorative approaches. The question that arises now is how this law can be satisfied through the implementation of the Act. Specifically, this paper will focus on how the restorative justice principle can be applied to juvenile commit sexual offense. This paper, learning from the United State’s rehabilitation system, will offer some suggestions to form the rehabilitation process for juvenile sex offenders in Indonesia, such as enhancing research about juveniles commit sexual offense; improving the law and regulation; and implementing counseling, supervised group homes, and other support mechanisms.
Highlights
Heartbreaking news arose in Makassar, Indonesia, as five fifth grader minors got arrested after raping a girl that was their fifth grader classmate.1 This case, which happened recently in April 2013, was a shocking moment for our country because of the nature of the offense and the age of the victim, and because of the offenders’ age
The Juvenile Justice Act itself is still a new law that is enacted on July 2012 overruling the old Juvenile Court Act of 1997.27 The Juvenile Justice Act law regulates procedures and converted sanctions that will apply to juveniles in the criminal justice system
If we look at the law as it is, the only way that a child can receive rehabilitation is if the child is under 14 years old
Summary
Heartbreaking news arose in Makassar, Indonesia, as five fifth grader minors got arrested after raping a girl that was their fifth grader classmate. This case, which happened recently in April 2013, was a shocking moment for our country because of the nature of the offense and the age of the victim, and because of the offenders’ age. Based on United States’ report, the recidivism rate of juveniles adjudicated of sex offenses is low, juveniles who become recidivist will likely to offend other delinquent behaviour (8-58 %) rather than sex offenses (5-14%).14 This situation is caused by the lack of rehabilitation and education program that were held in the prison. These problems in the criminal justice system do not help juveniles committed for sexual offenses to control their sexual behaviour This situation contradicts the goal of Indonesia’s juvenile justice system: to prepare the children to reintegrate to the society.. Learning from the United State’s rehabilitation system, this paper will offer some suggestions to form the rehabilitation process for juvenile sex offenders in Indonesia, such as enhancing research about juveniles commit sexual offense; improving the law and regulation; and implementing counseling, supervised group homes, and other support mechanisms
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