These problems in the criminal justice system do not help young people committed for sexual crimes to control their sexual behavior. However, challenges and barriers may be encountered in the future based on Indonesia's own characteristics and culture. Therefore, the Child Protection Act is a strength and also a barrier at the same time when dealing with children who have exposed children.
In the case of young people, if the victim is also a child, the Child Protection Act can be applied. In addition, although there are three laws applicable to juveniles, the sanctions will eventually be converted under the regulation of the Juvenile Court Act. 71 According to the 2010 National Commission of Child Protection report, there were 1,851 cases reported to them for child abuse in the criminal justice system.
The ratification of this convention prompts Indonesia to develop and undertake all actions and policies in the light of the best interests of the child.
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 participating state party to the ratification of the United Nations Convention on the Rights of the Child.118 Therefore, juvenile justice systems in the U.S. Carbonell, Juvenile Sex Offender Treatment Effectiveness, Measured from recidivism: A meta-analysis, 18 Sexual abuse available at http://.
Benjamin Shmueli, The Influence of the United Nations Convention on the Rights of the Child on 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.
The rights of juveniles were guaranteed under the Supreme Court's decision of In re Gault.126 In its opinion, the majority stated that the Fourteenth Amendment, the Bill of Rights, and the due process of law should be applied to juvenile cases.127 This case changed the nature of juvenile courts in the United States Notice, to comply with due process requirements, must be given sufficiently in advance of scheduled proceedings to allow reasonable opportunity to prepare, and must "set forth the alleged offense with particularity." ). 130 Ibid., at 55 ("We conclude that the constitutional privilege against self-incrimination applies in the case of juveniles as it does with respect to adults. We recognize that special problems may arise with respect to waiver of the privilege by or on behalf of of children, and that there may well be some differences in the technique - but not in principle - depending on the age of the child and the presence and competence of the parents").
Indiana has become the basis for limiting the length of time to put inmates in jail, which should be reasonable and based on a purpose that put the person incarcerated.133. 138 As happened in Indonesia, juvenile justice systems in the US exercise jurisdiction over juvenile sex offenders and their misconduct by referring to adult criminal statutes. Sex Offender Laws in the United States - Facing the Same Dilemma Specific regulations for sex offenses 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 police and the judge can then be clear in the handling of sexual assault cases. In terms of incarceration, the Juvenile Justice Act states that imprisonment will be applied if the child's act would harm society.197 Therefore, there is a need for proper assessment and investigation to determine whether or not a child is harmful.
By having the assessment carried out, as happened in the American system, the chance that a minor will be imprisoned is reduced. If the child was judged to be a low-risk child, the judge will charge them with rehabilitation instead of jail time. In fact, the Juvenile Justice Act also provides for similar officers called “Pembimbing Kemasyarakatan (PK)” who are required to assess the condition of the youths and determine the appropriate sanction to be applied to them.198 PK officers are recruited and have a social background.
The result of the assessment becomes one of the considerations for a judge to decide. In addition, a specific policy setting out rehabilitation standards for all types of sanctions would also be needed. Judges can set different sanctions, so there will be different decisions for similar cases.
Having rehabilitative standards in all types of sanctions allows all children who have been sexually abused to receive proper treatment based on their needs. Practice – Possible institutions that can provide rehabilitation By looking at the rehabilitation system in the United States, Indonesia can implement.
The Practice – Possible Institutions That Can Provide Rehabilitation By looking at the rehabilitation system in U.S., Indonesia may implement
Many factors must be considered in determining whether a child should be placed in the community or some other approach. Although Indonesia has not had enough research on this, it is necessary to make this conclusion based on the research that already exists in the United States. Some young people pose a greater risk than others, some have more treatment needs than others, some are more suitable for treatment than others, and some may have families that are more supportive and stable than others. others.
As discussed above, academics can be part of this effort to define standards for assessment. For example, in the case of fifth grade children, the officer must determine their family background, their deviant behavior and aggressiveness. If the child exhibits long-term deviant behavior with a lack of family support, then the child may be better served in an 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
In addition, with regard to budgetary constraints, there has been much discussion about whether rehabilitation can incur more costs than simply putting the young sex offenders in prison. Rehabilitation can be expensive, but if we count the total costs, rehab costs are much lower than prison costs. In the United States, the cost of rehabilitating sex offenders for each youth is $7,000 less than the cost of putting the youth behind bars.
Human Resource
The need of Community Support
Conclusion
Rehabilitation of juvenile sex offenders could thus be an effective way to reduce the number of young people sent to prison in Indonesia. It can also reduce the number of unreported sex offenses, reduce costs in juvenile justice and further the goal of restorative justice. While treating youth sexual behavior through rehabilitation will not be an easy task, it is worth trying.
All these rehabilitative approaches will require strong support and efforts from the Indonesian government through its policies, professional human resources and community engagement. Despite some of the harsh policies for sex offenders in the United States, recommend an approach like the United States. This paper recommends different strategies to achieve these goals, including improving research on the effectiveness of rehabilitation for young people who commit sexual offenses, collaboration between departments to place young people who commit sexual acts. offenses in treatment, establishing guidelines to open access for young people who commit sexual offenses to receive treatment and increasing community and academic support to contribute.
Bibliography
The influence of the United Nations Convention on the Rights of the Child on Corporal Punishment - a Comparative Study, 10 Or. When the Child Sex Offender Is a Child: Investigating, Prosecuting, and Treating Juvenile Sex Offenders in the New Millennium, 25 Hamline L. Center for Sex Offender Management (CSOM), Understanding the Treatment of Adults and Youths Who Have Committed Sex Offenses 3, http: //www.csom.org/.
Center for Sex Offender Management (CSOM), Juvenile Curriculum Content Review, http://www.csom.org/train/juvenile/4/Juvenile%20Curriculum%20. Childs Rights International Network, Treaties on the Rights of the Child: General Comments, http://www.crin.org/docs/resources/treaties/uncrc.asp#Nine. National Center on Sexual Behavior of Youth (NCSBY), Review of Research on Adolescent Sex Offenders 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/.
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