Criminal Law Policy Vs Child Protection Policy

Indonesia’s Juvenile Justice Law (UU SPPA) presents an opportunity to protect children in contact with the law. The implementation of UU SPPA is highly dependent on material criminal law policy outlined in the Criminal Code and other laws. In UU SPPA, Diversion from juvenile detention, or the attempt to divert youthful offenders from the juvenile justice system, can only be applied for cases that carry a sentence of less than 7 years. However, many criminal acts committed by children may carry a sentence of over 7 years, making UU SPPA inapplicable to these children. This seminar discussed Indonesia’s criminal policies and the ways that they could potentially hinder the implementation of UU SPPA.