The Juvenile Justice Act is a breakthrough intended to protect the rights of children in juvenile justice. These problems in the criminal justice system do not help young people who have committed sex crimes to control their sexual behavior. However, in the future, there may be challenges and barriers to face based on Indonesia's own characteristics and culture.
If the victim is also a child, the Child Protection Act can be applied in the case of minors. Although there are three laws that can be applied to minors, the sanctions will ultimately be commuted under the arrangement in the Youth Justice Act.
Commitment of the United nations Convention on the Rights of The Child (UnCRC)
Budi was still in contact with adult prisoners and during that time he saw many violations taking place in the detention center. Budi's story is just one of many stories that are even worse.71 Budi's story shows how the criminal justice system in Indonesia treats children, whether they have been wrongly convicted or convicted of a sexual offense, and the extent to which it violates the rights of citizens violates. the kids. In the reality of the juvenile justice system, this practice tends to produce a traumatized experience rather than providing children with a safe and rehabilitative environment.72 Furthermore, children who have served their prison sentences are released without any preparation, but because they have more experience with the violence, not to mention the fact that they will also be labeled as criminals and re-victimized by the community.73.
While these principles are also included as part of Indonesia's commitment to implement rehabilitation principles from international laws, including the United Nations Convention on the Rights of the Child. Ratification of this convention leads Indonesia to develop and undertake all actions and policies in light of the best interests of the child. The convention also mentions the rights of child victims and insists that state parties take all appropriate measures to promote physical and psychological recovery and social reintegration of child victims of “any form of neglect, exploitation or abuse; torture or any other form of cruel, inhuman or degrading treatment or punishment; or armed conflicts.”82 Such recovery and reintegration will take place in an environment that promotes the health, self-respect and dignity of the child.
Nevertheless, treatments that have been used in some other countries suggest that child sex offenders are suitable for rehabilitation85 and that rehabilitation is more likely in the light of the best interests of the child. The rehabilitation of minors who commit sexual offenses is also consistent with the objectives of the UNCRC. As an additional guide, the UNCRC comments also state that a child in conflict with the law has the right to conduct that promotes the child's sense of dignity and worth, takes into account the child's age and is aimed at his/her reintegration into society. and avoid institutional placement wherever possible.
Se Childs Rights International Network, Conventions on the Rights of The Child: General Comments, http://www.crin.org/docs/resources/treaties/uncrc.asp#Nine.
Restorative Justice Principle
The United States’ Juvenile Justice System and Its Rehabilitative Approach to Juvenile Sex Offenders
As mentioned in the introduction, the United States has its own way of dealing with children in conflict with the law. The United States is not a state party participating in the ratification of the United Nations Convention on the Rights of the Child.118 Therefore, juvenile justice systems in the U.S. Benjamin Shmuel, The Impact of the United Nations Convention on the Rights of the Child Children in Corporal Punishment - A Comparative Study, 10 Or.
Originally, the juvenile justice system in the United States was established to emphasize rehabilitation with the belief that juveniles are capable of change with treatment.120 The underlying premise was the belief that children are malleable and capable of being reformed.121 They were based on a legal doctrine called "parens patriae" (parent of the country), which means that the court has the power to be the guardian of those who have legal disabilities, including juveniles.122 But then, in the late 1980s, society found dissatisfaction in the practice of the youth system. The goal then shifted from rehabilitative to punitive approach for the protection of the public123 causing changes by treating more juvenile offenders as criminals.124 However, in recent years the pendulum is swinging back as it tries to balance punitive approach in a more rehabilitative and less harsh proceeding.125. Juvenile rights are guaranteed under the Supreme Court decision of In re Gault.126 In its opinion, the majority stated that the Fourteenth Amendment, the Bill of Rights, and due process of law must be applied to juvenile proceedings.127 This case changed. the nature of juvenile court in the US
130 Ibid., at 55 ("We conclude that the constitutional privilege against self-incrimination is as applicable to minors as it is to adults. We recognize that special problems may arise in connection with the waiver of the privilege by or on behalf of children and that there may be some differences in technique - but not in principle - depending on the age of the child and the presence and competence of the parents"). Indiana became the basis for limiting the length of incarceration of prisoners, which should be reasonable and based on the purpose for which the person was imprisoned.133. 138 As happened in Indonesia, US juvenile justice systems exercise jurisdiction over juvenile sex offenders and their misconduct under adult criminal laws.
Sex Offender Laws in the United States – Facing the Same Dilemma Specific rules for sex crimes are regulated at the state level.
Sex Offender Laws in the United States – Facing the Same Dilemma Specific regulations for sex offenses are governed in the state level
Strategies in Implementing Rehabilitative Approach for Juvenile Commit Sexual Offenses in Indonesia
Improving Research and Data Collection
Strategies in the Policy Level – Overcoming the Legal Barrier
The guidelines are to be regulated by the judicial body in Indonesia which will apply to all judges throughout Indonesia. By having a guideline or specific regulation, the law enforcement and the judge can then be clear in dealing with sex crime cases. In terms of delivery, the juvenile law has determined that imprisonment will be applied if the child's act would harm society.197 Therefore, there is a need to require a proper assessment and investigation to determine whether a child is harmful or not .
Having the assessment, as has happened in the US system, will reduce the chance for a youth to be incarcerated. If the child has been assessed as low risk, the judge will charge them with rehabilitation instead of imprisonment. In fact, the Juvenile Justice Law also provides a similar officer called "Pembimbing Kemasyarakatan (PK)" who is obliged to assess the condition of the juveniles and determine the correct sanction to be applied to them.198 PK officers are recruited and have a social background.
The outcome of the assessment will become one of the considerations for a judge to decide. Furthermore, specific policies regulating rehabilitation standards in all types of sanctions will also be needed. Judges can decide a variety of sanctions, so there will be a variety of decisions for similar cases.
By having rehabilitative standard in all forms of sanctions, every child who is committed to sexual offenses can receive proper treatment based on their needs.
The Practice – Possible Institutions That Can Provide Rehabilitation By looking at the rehabilitation system in U.S., Indonesia may implement
The Practice – Possible institutions that can provide rehabilitation By looking at the rehabilitation system in the US, Indonesia could implement this. Many factors must be considered to determine whether a child should be placed in a community-based approach or in another approach. Although Indonesia has not done enough research on this, it is necessary to draw this conclusion based on the studies that already exist in the United States.
Some adolescents are more at risk than others, some need more treatment than others, some are more receptive to treatment than others, and some have families that are more supportive and stable than others. As discussed above, academics can be part of this effort to set standards for assessment. For example, with fifth graders, the police officer should find out their family background, their deviant behavior and aggressiveness.
If the child shows long-term deviant behavior with a lack of family support, the children may be better served in the institutional or residential program. On the other hand, if the children show positive behavior and they come from a supportive and stable family environment, then the best place for them is in the community-based treatment.
Considering the Victim
Budgeting
Furthermore, in terms of budget constraints, there has been much discussion as to whether rehabilitation may incur more costs rather than simply incarcerating the youth sex offenders. Rehabilitation can be expensive, but if we count the total costs, rehabilitation costs are much lower than incarceration. In the US, the cost of sex offender rehabilitation for each youth is $7,000 less than the cost of putting the youth behind bars.
Human Resource
The need of Community Support
Conclusion
In conclusion, rehabilitation of juvenile sex offenders can be an effective way to reduce the number of juveniles brought to prison in Indonesia. When the Child Abuse is a Child: Investigation, Prosecuting and Treating Juvenile Sex Offenders in the New Millennium, 25 Hamline L. Center for Sex Offender Management (CSOM), Understanding Treatment for Adult and Juvenile Sex Offenders 3, http:/ /www. csom.org/.
Center for Sex Offender Management (CSOM), Juvenile Curriculum Content Treatment, http://www.csom.org/train/juvenile/4/Juvenile%20Curriculum%20. International Network on the Rights of the Child, Conventions on the Rights of the Child: General Comments, http://www.crin.org/docs/resources/treaties/uncrc.asp#Nine. National Center on Youth Sexual Behavior (NCSBY), Adolescent Sex Offender Research Review 1 (2003), available at http://www.dshs.wa.gov/pdf/.
Office of Juvenile Justice and Delinquency Program (OJJDP), Juvenile Justice: A Center of Change 1999, available at https://www.ncjrs.gov/pdffiles1/ojjdp/178995. Child sexual abuse and subsequent harmpdf and victimization: a 45-year follow-up study (2012), available at http://www. Effectiveness of Juvenile Sex Offender Treatment as Measured by Recidivism: A Meta-Analysis, 18 Sexual Abuse Available at http://www.wisspd.org/htm/ATPracGuides/Training/.
Kementerian Sosial [Ministry of Social Affairs] http://www.kemsos.go.id/modules.ph p?name=Content&pa=showpage&pid=41.
