Legal Dynamics in the Juvenile Criminal Justice System in Indonesia

Abstract

Abstract. The purpose of this study is to examine and analyze legal policies in the juvenile criminal justice system in Indonesia. In this writing, the author uses a normative legal method with research specifications in the form of descriptive analysis. The concrete form of the Government in providing protection to everyone, especially children as regulated in Article 28D paragraph (1) of the 1945 Constitution of the Republic of Indonesia, namely "Everyone has the right to recognition, guarantee, protection, and certainty of fair law and equal treatment before the law" and Article 28B paragraph (2) of the 1945 Constitution of the Republic of Indonesia, namely "Every child has the right to survival, growth, and development and has the right to protection from violence and discrimination". Criminalization of children at a very young age, because the legal position of children when dealing with the law is not yet optimal, and their legal position does not support, for example the age limit for criminal responsibility of children (the age of crime responsibility) So that the Constitutional Court (MK) held a judicial review hearing on Law Number 3 of 1997 concerning Juvenile Courts. Before the birth of Law Number 3 of 1997 concerning Juvenile Courts, the rules regarding the trial process for children were still regulated in several separate regulations from the Supreme Court. Some of these regulations require special trials for children that are closed to the public, this is stated in SEMA Number 3 of 1959.