Legal Analysis of the Implementation of Article 33 of the Criminal Code Concerning Minors in Military Relations with Law Number 11 of 2012 Concerning the Juvenile Criminal Justice System

Purpose: In the Indonesian criminal law system, the protection of children in conflict with the law receives special attention, including children involved in military service. Article 33 of the Criminal Code and Law Number 11 of 2012 concerning the Juvenile Criminal Justice System are two interrelated legal norms in the context of legal protection for military minors. Article 33 of the Criminal Code and Law Number 11 of 2012 are two laws that apply and have a direct impact on how military minors are tried. However, there is a potential contradiction between these two laws that needs to be further examined. Children in conflict with the law have the right to receive special protection. Analyzing how juvenile criminal law is applied to military minors can help ensure that these rights are respected. Ensuring that all individuals, including military minors, are tried fairly is a basic principle of law. Research/methodology: Data collection is done through document analysis and literature study, which includes visits to libraries and other sources relevant to the research topic. Contributions: This research can make an important contribution to our understanding of how juvenile criminal law is applied in the military context. This can help inform future policy and practice. Given the minimum and maximum ages for entry into military education, it is possible that some individuals who join the military may still be considered children in the context of juvenile criminal law.

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Publication Details

Journal
Dynamics of Politics and Democracy
Published
2025-06-02
DOI
https://doi.org/10.35912/dpd.v4i1.2985
Primary Topic
Legal and Social Justice Studies
Type
article
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article

Legal Analysis of the Implementation of Article 33 of the Criminal Code Concerning Minors in Military Relations with Law Number 11 of 2012 Concerning the Juvenile Criminal Justice System

Wahyu Hidayat
Dynamics of Politics and Democracy
Legal and Social Justice Studies
article

Legal Analysis of the Implementation of Article 33 of the Criminal Code Concerning Minors in Military Relations with Law Number 11 of 2012 Concerning the Juvenile Criminal Justice System

Wahyu Hidayat
article en

Abstract

Purpose: In the Indonesian criminal law system, the protection of children in conflict with the law receives special attention, including children involved in military service. Article 33 of the Criminal Code and Law Number 11 of 2012 concerning the Juvenile Criminal Justice System are two interrelated legal norms in the context of legal protection for military minors. Article 33 of the Criminal Code and Law Number 11 of 2012 are two laws that apply and have a direct impact on how military minors are tried. However, there is a potential contradiction between these two laws that needs to be further examined. Children in conflict with the law have the right to receive special protection. Analyzing how juvenile criminal law is applied to military minors can help ensure that these rights are respected. Ensuring that all individuals, including military minors, are tried fairly is a basic principle of law. Research/methodology: Data collection is done through document analysis and literature study, which includes visits to libraries and other sources relevant to the research topic. Contributions: This research can make an important contribution to our understanding of how juvenile criminal law is applied in the military context. This can help inform future policy and practice. Given the minimum and maximum ages for entry into military education, it is possible that some individuals who join the military may still be considered children in the context of juvenile criminal law.

Dynamics of Politics and DemocracyVol. 4(1)
Openalex Percentile: Top 70%
Legal and Social Justice Studies
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Legal Analysis of the Implementation of Article 33 of the Criminal Code Concerning Minors in Military Relations with Law Number 11 of 2012 Concerning the Juvenile Criminal Justice System — Wahyu Hidayat · Dynamics of Politics and Democracy (2025) | TGRS Research Map | TGRS