Legal Review of The Role of Temporary Child Placement Institutions (LPAS) in Supporting The Fulfillment of Children's Rights in Handling Child Cases in Bali Province

Abstract

This study examines the role of Temporary Child Placement Institutions (LPAS) in supporting the fulfillment of the rights of children in conflict with the law (ABH) in the juvenile criminal justice system. LPAS plays an important role as a temporary placement for children during the judicial process, while still paying attention to protection, security, education, health, assistance, and the best interests of the child. However, in its implementation, various obstacles remain, both in terms of regulation, institutions, and the implementation of services to children. Therefore, this study aims to analyze the role of LPAS in supporting the fulfillment of children's rights in handling child cases, analyze weaknesses in the implementation of LPAS's role, and formulate directions for strengthening LPAS's role in the future. This study uses a normative juridical method with a statutory approach, a conceptual approach, and a comparative approach, supported by an analysis of relevant documents and empirical data regarding the implementation of LPAS. The comparative approach is carried out by comparing the regulations and practices for the placement of children in conflict with the law in several countries as material for gaining perspectives on strengthening LPAS in Indonesia. The legal materials used include primary, secondary, and tertiary legal materials which are analyzed qualitatively using the Legal Protection Theory, Child Protection Theory, and Lawrence M. Friedman's Legal System Theory as analytical tools. The results of the study indicate that normatively, LPAS has an important role in providing protection and fulfilling children's rights during the judicial process, including by providing separate placement from adult prisoners, physical and psychological protection, fulfilling educational and health needs, mentoring, and maintaining children's relationships with their families. However, the implementation of this role has not been fully optimal. Based on Lawrence M. Friedman's Legal System Theory, the weaknesses of LPAS can be seen from the legal substance aspect, especially related to technical regulations, service standards, financing, coordination, and supervision; the legal structure aspect, especially the limited availability of LPAS, facilities and infrastructure, human resources, and inter-agency coordination; and the legal culture aspect, specifically the continuing paradigm that positions children as perpetrators who must be punished, rather than as children who must be protected, fostered, and restored. The results of comparisons with several countries indicate that strengthening child placement institutions needs to be directed not only at security aspects, but also at education, rehabilitation, psychological services, and social reintegration. Therefore, strengthening LPAS in Indonesia needs to be done through regulatory harmonization, equal distribution of institutions and facilities, increasing human resource competency, and strengthening inter-agency coordination with an orientation towards the best interests of children.