NAVIGATING THE ETHICAL FRONTIER: A COMPREHENSIVE EXAMINATION OF POLICIES ADDRESSING JUVENILE OFFENDERS

Abstract

The imperative for special protection of children traces its roots back to the Geneva Declaration on the Rights of the Child in 1924, a foundational concept later enshrined in the Universal Declaration of Human Rights in 1958. Building upon this momentum, the UN General Assembly, on November 20, 1958, passed the landmark Declaration of The Rights of The Child, solidifying global recognition of children's rights. Notably, Indonesia, as a proactive participant in this international discourse, ratified the Convention on the Rights of the Child in 1990 through Presidential Decree Number 36 of 1990, thereby assuming the commitment to uphold the rights of all children without exception.

This commitment, triggered by Indonesia's ratification of the convention, places a critical obligation on the nation to safeguard and fulfill the rights of children comprehensively. Among the paramount concerns demanding meticulous attention and protection are the rights of children in conflict with the law. In response to this, Indonesia has instituted specific legal frameworks aimed at safeguarding the rights of children, exemplified by the enactment of Law Number 3 of 1997 concerning the Juvenile Court and Law Number 23 of 2002 concerning Child Protection.

Understanding the notion of "children" encompasses a broader perspective, taking into account both age and mental condition. However, within the realm of criminal law, the understanding of children pivots on the concept of criminal liability. It necessitates a nuanced evaluation of how far a child, within a specified age limit, is deemed accountable for their actions within the criminal justice system.

This paper delves into the historical and legal landscape surrounding the protection of children's rights in Indonesia, scrutinizing the international and domestic frameworks in place. Moreover, it explores the intricate interplay between the general understanding of children and the specific considerations within the context of criminal law, shedding light on the complexities associated with defining the criminal liability of children within prescribed age limits.