ETHICAL COMPASS: EXPLORING POLICIES AND PRACTICES IN JUVENILE JUSTICE

Abstract

The call for special protection for children emerged prominently with the Geneva Declaration on the Rights of the Child in 1924, gaining further recognition in the Universal Declaration of Human Rights in 1958. On November 20, 1958, the UN General Assembly solidified this commitment by passing the Declaration of The Rights of The Child, emphasizing the imperative to safeguard children's rights. Indonesia, as a signatory to the Convention on the Rights of the Child in 1990 through Presidential Decree Number 36 of 1990, undertakes the responsibility to ensure the fulfillment of children's rights without exception. Among these rights requiring utmost attention and protection are those of children in conflict with the law.

The ratification of the convention by Indonesia has not only cemented its commitment to upholding children's rights but has also necessitated the implementation of specific measures to safeguard the rights of children in conflict with the law. The country, recognizing the distinctive vulnerabilities of children, has enacted laws tailored to address their unique needs. These include Law Number 3 of 1997 concerning the Juvenile Court and Law Number 23 of 2002 concerning Child Protection.

This paper critically examines the legal frameworks and mechanisms established by Indonesia to protect the rights of children in conflict with the law. It delves into the provisions of Law Number 3 of 1997, which outlines the procedures and considerations within the Juvenile Court system. Additionally, the analysis extends to Law Number 23 of 2002, specifically focusing on the broader spectrum of child protection, encompassing preventive measures, interventions, and rehabilitation strategies.

The study explores the effectiveness of these legal instruments in ensuring the rights of children in conflict with the law are upheld and protected in line with international standards. It also scrutinizes the challenges and gaps within the current legal frameworks, shedding light on potential areas for improvement.

Furthermore, this research emphasizes the importance of comprehensive and integrated approaches to address the multifaceted issues surrounding children in conflict with the law. It calls for a synergy between legal provisions, social programs, and community engagement to create a robust protective environment for these vulnerable individuals