The Implementation of Measures Against 12-Year-Old Children as Perpetrators of Criminal Acts from the Perspective of the Best Interests of the Child

This study analyzes the application of the principle of the best interests of the child in the juvenile criminal justice system in Indonesia, with a focus on the treatment of 12-year-old children who commit criminal offenses. Although Law No. 11 of 2012 on the Juvenile Criminal Justice System normatively stipulates an approach that prioritizes rehabilitation through diversion, corrective measures, and restorative justice, the research findings indicate that there are still practices of criminal punishment against children, particularly those aged 12, that contradict the spirit of child protection under the law. These findings indicate that the principle of the best interests of the child has not been fully internalized by law enforcement officials, leaving children at risk of becoming victims of the justice system itself. In this context, optimizing the role of Social Welfare Institutions (LPKS), such as the Handayani Center in East Jakarta, serves as a strategic means of providing comprehensive social rehabilitation services, from psychosocial assessment to spiritual guidance and post-rehabilitation monitoring. LPKS plays a crucial role in ensuring children receive treatment that upholds their rights and supports healthy social reintegration. Therefore, this study concludes that the implementation of the principle of the best interest of the child can only be effectively achieved through strong synergy between law enforcement officials and social institutions, as well as oversight of the implementation of the Child Criminal Justice System Act to ensure it does not deviate from the values of child protection and justice that are educational and humane in nature.

Authors

Publication Details

Journal
International Journal of Social Science and Human Research
Published
2025-06-13
DOI
https://doi.org/10.47191/ijsshr/v8-i6-26
Primary Topic
Legal and Social Justice Studies
Type
article
Field-Weighted Citation Impact
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article

The Implementation of Measures Against 12-Year-Old Children as Perpetrators of Criminal Acts from the Perspective of the Best Interests of the Child

Beniharmoni Harefa, Handar Subhandi Bakhtiar, Erviyanti Rosmaida
International Journal of Social Science and Human Research
Legal and Social Justice Studies
article

The Implementation of Measures Against 12-Year-Old Children as Perpetrators of Criminal Acts from the Perspective of the Best Interests of the Child

Beniharmoni Harefa, Handar Subhandi Bakhtiar, Erviyanti Rosmaida
article en

Abstract

This study analyzes the application of the principle of the best interests of the child in the juvenile criminal justice system in Indonesia, with a focus on the treatment of 12-year-old children who commit criminal offenses. Although Law No. 11 of 2012 on the Juvenile Criminal Justice System normatively stipulates an approach that prioritizes rehabilitation through diversion, corrective measures, and restorative justice, the research findings indicate that there are still practices of criminal punishment against children, particularly those aged 12, that contradict the spirit of child protection under the law. These findings indicate that the principle of the best interests of the child has not been fully internalized by law enforcement officials, leaving children at risk of becoming victims of the justice system itself. In this context, optimizing the role of Social Welfare Institutions (LPKS), such as the Handayani Center in East Jakarta, serves as a strategic means of providing comprehensive social rehabilitation services, from psychosocial assessment to spiritual guidance and post-rehabilitation monitoring. LPKS plays a crucial role in ensuring children receive treatment that upholds their rights and supports healthy social reintegration. Therefore, this study concludes that the implementation of the principle of the best interest of the child can only be effectively achieved through strong synergy between law enforcement officials and social institutions, as well as oversight of the implementation of the Child Criminal Justice System Act to ensure it does not deviate from the values of child protection and justice that are educational and humane in nature.

International Journal of Social Science and Human ResearchVol. 08(06)
Openalex Percentile: Top 78%
Legal and Social Justice Studies
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The Implementation of Measures Against 12-Year-Old Children as Perpetrators of Criminal Acts from the Perspective of the Best Interests of the Child — Beniharmoni Harefa, Handar Subhandi Bakhtiar, et al. · International Journal of Social Science and Human Research (2025) | TGRS Research Map | TGRS