Proceedings of the International Conference on Law Reform (5th Inclar 2024)

International Legal Framework for Children’s Rights in Juvenile Criminal Justice in Indonesia

Authors
Nurzakiah Nurzakiah1, Wasis Wasis2, *, Siti Wulandari2
1Faculty of Law Brawijaya University, Malang, Indonesia
2Faculty of Law Muhammadiyah Malang University, Malang, Indonesia
*Corresponding author. Email: wasis1959@umm.ac.id
Corresponding Author
Wasis Wasis
Available Online 28 February 2025.
DOI
10.2991/978-2-38476-362-7_21How to use a DOI?
Keywords
children’s rights; juvenile justice; international regulations
Abstract

Children involved in the criminal justice system face complex challenges. Protecting the human rights of children in the criminal justice process is crucial to prevent abuse of power and ensure genuine justice. In this context, the implementation of children’s human rights in the criminal justice system has a significant impact on how these children are treated and the final outcomes of the legal process. In Indonesia, the juvenile justice system was initially introduced through Law Number 3 of 1997 concerning Juvenile Courts. After several changes, the Indonesian government realized that the existing Juvenile Court Law and other regulations were inadequate, leading to the recent effort of enacting Law Number 11 of 2012 concerning the Juvenile Criminal Justice. This study employs normative legal research, a research method aimed at understanding, explaining, and evaluating applicable legal norms. The purpose of this writing is to understand the International Legal Framework Related to Juvenile Criminal Justice and Children’s Rights in the current Criminal Justice System. The discussion revealed that the Regulation of Children’s Rights within the international legal framework includes the Convention on the Rights of the Child (CRC), UN Guidelines for the Prevention of Juvenile Delinquency (Riyadh Guidelines), UN Minimum Rules for the Administration of Juvenile Justice (Beijing Rules), UN Rules for the Protection of Children Deprived of their Liberty, UN Minimum Rules for Non-Custodial Measures (Tokyo Rules), UN Resolution 1997/30, Criminal Justice Administration, Vienna Guidelines, General Comment No. 10 of the Committee on the Rights of the Child, UN Guidelines for Action on Children in the Criminal Justice System. Currently, children’s rights in the juvenile criminal justice process are regulated under Article 3 of the Juvenile Justice System Law.

Copyright
© 2025 The Author(s)
Open Access
Open Access This chapter is licensed under the terms of the Creative Commons Attribution-NonCommercial 4.0 International License (http://creativecommons.org/licenses/by-nc/4.0/), which permits any noncommercial use, sharing, adaptation, distribution and reproduction in any medium or format, as long as you give appropriate credit to the original author(s) and the source, provide a link to the Creative Commons license and indicate if changes were made.

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Volume Title
Proceedings of the International Conference on Law Reform (5th Inclar 2024)
Series
Advances in Social Science, Education and Humanities Research
Publication Date
28 February 2025
ISBN
978-2-38476-362-7
ISSN
2352-5398
DOI
10.2991/978-2-38476-362-7_21How to use a DOI?
Copyright
© 2025 The Author(s)
Open Access
Open Access This chapter is licensed under the terms of the Creative Commons Attribution-NonCommercial 4.0 International License (http://creativecommons.org/licenses/by-nc/4.0/), which permits any noncommercial use, sharing, adaptation, distribution and reproduction in any medium or format, as long as you give appropriate credit to the original author(s) and the source, provide a link to the Creative Commons license and indicate if changes were made.

Cite this article

TY  - CONF
AU  - Nurzakiah Nurzakiah
AU  - Wasis Wasis
AU  - Siti Wulandari
PY  - 2025
DA  - 2025/02/28
TI  - International Legal Framework for Children’s Rights in Juvenile Criminal Justice in Indonesia
BT  - Proceedings of the International Conference on Law Reform (5th Inclar 2024)
PB  - Atlantis Press
SP  - 139
EP  - 145
SN  - 2352-5398
UR  - https://doi.org/10.2991/978-2-38476-362-7_21
DO  - 10.2991/978-2-38476-362-7_21
ID  - Nurzakiah2025
ER  -