Anita Rachman – The government announced on Monday that it was drafting a new bill on juvenile offenders that would offer minors better protection from discrimination and physical abuse.
Patrialis Akbar, the justice and human rights minister, said the legislation to replace the 1997 Juvenile Offenders Law would usher in a new set of regulations compliant with the United Nations Convention on the Rights of the Child.
One key change would be to raise the age at which a child could be tried for a crime from 8 to 12 years old. Only those older than 14 would be eligible for incarceration upon conviction.
The rest, including those below the age of 12, would return to the custody of their parents and be required to take part in counseling sessions with social service officials.
"The age limit in the current law at which a child may be held responsible [for their actions] is very low at 8 years," Patrialis said. "Children's rights are hardly respected in jail. Children are placed in the same cells as adults because of the limited facilities."
"With this new bill, they will stay in special prisons for juveniles, which must be built separate from adult penitentiaries," the minister added. The bill also requires law enforcement officials to show understanding of a juvenile suspect's problems from the point of arrest through to the detention and trial stages.
The essence of the new bill is to ensure child offenders are protected from physical and psychological abuse when serving their sentences.
Patrialis also said there should not be any discrimination based on race, gender or religion affecting the children.
"We should respect the children's right to participate in the decision-making process, especially when it relates to them," Patrialis said. "All treatments must consider the needs, age and conditions of the children in question."
He said the spirit of the new bill was one of rehabilitating the juvenile offenders instead of merely meting out punishment. To that end, he said it would seek ways to resolve cases outside of court whenever possible.
It would also encourage greater public participation in helping educate children on taking responsibility for their actions.
Linda Gumelar, the minister for women's empowerment and child protection, said she hoped the legislation would be passed as soon as possible by the House of Representatives.
"The government must see the long-term purpose of this bill," she said. "It seeks to ensure that juvenile offenders are not treated in the same way as adult offenders."
Eva Kusuma Sundari, a legislator from the Indonesian Democratic Party of Struggle (PDI-P), said her party would back the passage of the bill. However, she also urged the government to work on measures to prevent juvenile crimes in the first place.