T

he Jakarta Legal Aid Institute (LBH Jakarta) has released a report in which it claims that more than 100 children who face criminal charges lack access to legal assistance, which could affect their psychological well-being.

LBH Jakarata found that between 2013 to 2016, 229 child offenders were registered in Greater Jakarta, 77 percent of whom were not accompanied by a lawyer when they were declared a suspect.

Meanwhile, 168 children received no legal assistance in the pre-prosecution stage.

The report states that 95 of these cases involving child offenders centered around theft, while 34 cases were on violence against other minors.

LBH Jakarta public lawyer Ayu Eza Tiara said those who lacked access to legal aid were mostly from financially troubled families who were unaware about their children’s rights in the situation.

“The families do not know their rights and the police don’t bother telling them that [their children] have the right to legal assistance,” Ayu told The Jakarta Post Friday.

She added that legal aid was important to ensure these minors received fair treatment during the legal process, “so won’t be tortured or pressured” and struggle with subsequent psychological strain.

She acknowledged that the police did not have enough information about available legal aid institutes that could provide free legal assistance.

There is also a mindset among authorities that parents, as guardians, are assistance enough in the situation, she said.

LBH Jakarta also found that in the 2013-2016 period, 53 children were unnecessarily detained.

A juvenile detention center should be the last option for child offenders, it added.

A local social agency or social welfare institution can be an alternative to detention, Ayu pointed out.

In 2016, the Institute for Criminal Justice Reform (ICJR) announced in a report that 89 percent of criminal cases involving minors in Greater Jakarta were handled by lawyers.

However, no social workers reported accompanying children when they were pushed through the legal process.

Meanwhile, the University of Indonesia’s (UI) Center on Child Protection and Wellbeing (PUSKAPA) reported that the number of children in correctional institutions increased from nearly 2,500 to almost 2,800.

The center’s assistant researcher, Shaila Tieken, said juvenile diversion should be prioritized, and detention should be avoided during the investigation process because it would affect the child’s mental state.

“They cannot go to school, they are separated from their family and most of the time, they are detained in a place intended for adults,” Shaila recently told the Post

As the fate of the children have yet to be decided, they should be taken to a place that is intended for them, she further said.

She added that the government should be able to assure the children’s safety and create a mechanism to reduce the prison term for minors.

“The main consideration should be what’s best for the children,” Shaila said.