Suspension of Detention for Children Acting in Self-Defense as a Form of Special Protection in the Juvenile Justice System

Detention of children in the context of self-defense (noodweer) remains unregulated explicitly in Indonesia's juvenile criminal justice system. Although Article 49 of the Indonesian Penal Code (KUHP) recognizes self-defense as a justifying or excusing ground, children may still be subjected to detention under general procedural provisions in the Criminal Procedure Code (KUHAP). This creates legal uncertainty and increases the risk of disproportionate treatment. This study employs a normative juridical method with a comparative approach, analyzing the German legal system, which limits juvenile detention and emphasizes psychological, educational, and proportionality considerations. The findings show an urgent need for Indonesia to formulate specific legal norms on the suspension of detention for children who commit acts of self-defense. Such reform is crucial to uphold children's rights, prevent criminalization, and support restorative justice principles and humane treatment in the juvenile justice process.

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Publication Details

Journal
International Journal of Business Law and Education
Published
2025-08-12
DOI
https://doi.org/10.56442/ijble.v6i2.1198
Primary Topic
Legal and Social Justice Studies
Type
article
Field-Weighted Citation Impact
0.00
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article

Suspension of Detention for Children Acting in Self-Defense as a Form of Special Protection in the Juvenile Justice System

Nurini Aprilianda, Milda Istiqomah, Nurul Inayah Siagian
International Journal of Business Law and Education
Legal and Social Justice Studies
article

Suspension of Detention for Children Acting in Self-Defense as a Form of Special Protection in the Juvenile Justice System

Nurini Aprilianda, Milda Istiqomah, Nurul Inayah Siagian
article en

Abstract

Detention of children in the context of self-defense (noodweer) remains unregulated explicitly in Indonesia's juvenile criminal justice system. Although Article 49 of the Indonesian Penal Code (KUHP) recognizes self-defense as a justifying or excusing ground, children may still be subjected to detention under general procedural provisions in the Criminal Procedure Code (KUHAP). This creates legal uncertainty and increases the risk of disproportionate treatment. This study employs a normative juridical method with a comparative approach, analyzing the German legal system, which limits juvenile detention and emphasizes psychological, educational, and proportionality considerations. The findings show an urgent need for Indonesia to formulate specific legal norms on the suspension of detention for children who commit acts of self-defense. Such reform is crucial to uphold children's rights, prevent criminalization, and support restorative justice principles and humane treatment in the juvenile justice process.

International Journal of Business Law and EducationVol. 6(2)
University of Brawijaya (ID)
Peace, Justice and strong institutions
Openalex Percentile: Top 67%
Legal and Social Justice Studies
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