T

he House of Representatives is targeting to pass a bill on a juvenile court into law early August this year, a lawmaker says.

“Given the contents of the bill, we are optimistic we can complete deliberations on the bill in this sitting period, which will end by early August,” Nasir Djamil, a lawmaker from the House of Representative’s Commission III overseeing legal affairs, told The Jakarta Post on Sunday.

The government has submitted a draft revision to the 1997 Juvenile Court Law to the House. The 1997 law has long been criticized for offering little justice to minors. The new law is expected to take a more humane approach to juvenile delinquency by providing better protection of children’s rights.

The bill classifies children into three categories: those under the age of five, adolescents up to 12 years old, and juveniles who are younger than 18 years old.

Law and Human Rights Minister Patrialis Akbar said those under the age of five and adolescents who committed crimes must be returned to their parents or guardians, while juvenile criminals have to be given a chance to undergo rehabilitation or “diversion” programs.

The bill requires law enforcement officers — the police, attorneys and judges — to prioritize the diversion program for juvenile criminals.

The program would enable them to avoid prosecution and a criminal record by completing certain requirements.

The bill also guarantees a child’s right to education and fun activities because children who face prosecution maintain a right to recreation in the presence of their parents, and those serving jail sentences had to continue schooling.

The Center for Legal and Policy Studies (PSHK) submitted its recommendations to Commission III in a hearing with the Prosperous Justice Party wing in the House recently, pushing for “restorative justice” to guarantee the protection of the more substantive children’s rights.

“We want a more open and non-attributive process, a process in which perpetrators, victims and law enforcement officers can bring back the previous [ideal] situation,” Gita Putri Damayana from the PSHK told the Post.

PSHK said the bill should be adjusted with other related laws, including the 1995 Penitentiary Law.

“Overall, the bill is relatively better than the existing law,” Gita said. (swd)