Arghea Desafti Hapsari, The Jakarta Post, Jakarta | Thu, 03/04/2010 10:31 AM
The Constitutional Court has begun the hearing of a judicial review against the 1997 law on the juvenile court, which critics say have been used by law enforcers to fine children.
In the first session Tuesday, the court heard a criminal law expert from Indonesian Islamic University (UII), Mudzakkir.
He said the law was implemented to limit criminal fines against children.
“The law regulates that no criminal fines are imposed on children who are less than 12 years old,” he added.
Even if the law allows criminal fines on those aged between 12 and 18, law enforcers and judges can choose the appropriate fine, ranging from jail terms and detention to fines and supervision,” he said.
These alternatives are meant to protect children’s rights and judges should prioritize children’s interests in their rulings, he added.
The Indonesian Child Protection Commission (KPAI) filed the judicial review request to the court in December last year.
The commission demanded the court review Article 1, which defines delinquent children and has been used to fine them.
“The law fails to differentiate or provide consistency between acts banned by the law and those that constitute juvenile delinquency,” it said.
It also contested several articles in the law that regulated the age juveniles could be taken to court.
The law says children aged between eight and 18 years old are punishable by law.
The petitioners also demanded Article 31, which regulates the establishment of a special detention center for children, be scrapped.
“It is a violation of the child’s constitutional right to be detained without legal reasons.”
KPAI chairman Hadi Supeno said Tuesday that he wanted to erase the word “criminal” from laws concerning children and annul the juvenile court law.
The juvenile court system in the country has come under fire recently following several cases regarding children who have been taken to court for minor cases.
One of the most recent concerned a nine-year-old third grader who stood trial at Surabaya District Court for placing a bee on his classmate’s face.
The House of Representatives is currently formulating a bill to replace the 1997 law.
Hadi said KPAI’s attempt to have the Constitutional Court review the law was necessary despite the fact that the House was replacing it.
“This way we can control the content of the bill,” he said.
“I’ve read the draft and not many changes have been made to the original law.
“The only change is the age that juveniles can be taken to court, from 12 to 18,” he added.
