Law Number 11 Year 2012

Original Language Title: Undang-Undang Nomor 11 Tahun 2012

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Back COUNTRY SHEET Republic of INDONESIA No. 153, 2012 (Additional explanation in the State Gazette of the Republic of Indonesia Number 5332) legislation of the REPUBLIC of INDONESIA number 11 in 2012 ABOUT the CRIMINAL JUSTICE SYSTEM of the CHILD with the GRACE of GOD ALMIGHTY the PRESIDENT of the Republic of INDONESIA, Considering: a. that is the mandate and the gift of God Almighty who has dignity and dignity as a whole person;
b. that to maintain the dignity and her dignity, children are entitled to a special shield cover, especially legal shield cover in the justice system;
c. that Indonesia as a State party to the Convention on the rights of the child (Convention on the Rights of the Child) that regulates the principle of law against child shield cover has an obligation to provide special shield cover toward a child dealing with the law;
d. that Act No. 3 of 1997 concerning juvenile court is no longer appropriate with the development and needs of Community law because it has not yet been comprehensively provide shield cover to children who are dealing with the law so that needs to be replaced with new legislation;
e. that based on considerations as referred to in letter a, letter b, letter c, letter d, and the need to establish laws on the criminal justice system;
Remember: 1. Article 5 paragraph (1), article 20, article 28B subsection (2), article 28G, and article 28I of the Constitution of the Republic of Indonesia in 1945;
2. Act No. 39 of 1999 on human rights (State Gazette of the Republic of Indonesia year 1999 Number 165, an additional Sheet of the Republic of Indonesia Number 3886);
3. Act No. 23 of 2002 on child protection (State Gazette of the Republic of Indonesia Number 109 in 2002, an additional Sheet of the Republic of Indonesia Number 4235);
4. Act No. 13 of 2006 on the protection of witnesses and Victims (State Gazette of the Republic of Indonesia year 2006 Number 64, an additional Sheet of the Republic of Indonesia Number 4635);
5. Act No. 16 of 2011 on legal aid (State Gazette of the Republic of Indonesia Number 104 in 2011, an additional Sheet of the Republic of Indonesia Number 5248);
Together with the approval of the HOUSE of REPRESENTATIVES of the REPUBLIC of INDONESIA and the PRESIDENT of the REPUBLIC of INDONESIA DECIDES: setting: the law on the CRIMINAL JUSTICE SYSTEM.

CHAPTER I GENERAL PROVISIONS article 1 In this law are: 1. The child's criminal justice system is the entire process of the settlement of case law dealing with the child, began to stage the inquiry up to the stage of supervision after undergoing criminal.
2. Children who are dealing with the child law is in conflict with the law, a child who became a victim of a criminal offence, and the child who witnessed the crime.
3. Children who are in conflict with the law are hereinafter referred to as the child is a child who has been the age of 12 (twelve) years, but not yet the age of 18 (eighteen) years of age who are suspected of committing a criminal offence.
4. A child who becomes the victim of a criminal offence which is hereinafter referred to as the children of the victims were children aged 18 (eighteen) years of age who are suffering physical, mental, and/or economic loss caused by the criminal offence.
5. A child who Becomes a witness to a crime who hereafter Children witness is a child who is not yet 18 (eighteen) years of age who can give information to the interests of the investigation, prosecution, and examination in the court hearing of a criminal matter is heard, seen, and/or hers alone.
6. Restorative justice is the resolution of the matter a criminal offence involving the perpetrator, the victim, the family of the offender/victim, and other related parties to jointly seek a fair settlement by emphasizing the recovery back in its original state, and not recompense. 7. completion of the diversion is Versioned things Children of the criminal justice process to process outside the criminal justice.

8. Investigators are investigators.

9. The public prosecutor is a public prosecutor.

10. The judge is the judge of the child.

11. The judge of appeal is the judge of appeal.

12. Judge of Cassation is Cassation judges.
13. Civic Mentors are law enforcement officers who carry out the functional research community, coaching, supervision, and mentoring of inside and outside of the criminal justice process.
14. Professional social worker is someone who works, both in Government and private institutions, which have the competence and the profession of social work and care in social work obtained through education, training, and/or social work practice experience to perform the duties of the Ministry and the handling of social issues.
15. Social Welfare Personnel is someone who is professionally educated and trained to perform the service and handling social issues and/or someone who worked both in Government and private institutions, the scope of its activities in the field of social welfare. 16. the family is the elderly consisting of father, mother, and/or other family member who is trusted by the child.

17. the Trustee is the person or entity that in fact exercise power as foster parents towards the child.

18. An escort is a person who is trusted by the child to accompany her during the criminal justice process is underway.
19. The advocate or other legal aid giver is a person who gives legal services profession, both within and outside the Court, which meets the requirements based on the provisions of the legislation.
20. The institution of Special Coaching Children who subsequently abbreviated LPKA is an institution or place Children undergo pidananya.
21. While the Child Placement Agencies hereinafter abbreviated LPAS is the place for the child during the judicial process to take place.
22. The organization of Social Welfare Institutions hereinafter abbreviated LPKS is an institution or social services that implement the Organization of social welfare for the child.
23. A client's child is a child who was inside the Ministry, supervision, supervision, and mentoring Tutors.
24. the Correctional Hall hereafter Bapas is implementing technical units which carry out correctional duties and functions of the research community, coaching, supervision, and mentoring.
Article 2 of the Criminal justice system is implemented based on the principle of: a. the shield cover;

b. Justice;

c. nondiskriminasi;

d. the best interests for the child;

e. respect for the opinions of children;

f. survival and growing flower child;

g. guidance and supervision of the child;

h. proportionally;

i. the deprivation of liberty and pemidanaan as a last effort; and j. avoidance of vengeance.

Article 3 each child in the process of criminal justice has the right to: a. be treated humanely in accordance with the needs to pay attention to her age;

b. are separated from adults;

c. obtain legal assistance and other aid effectively;

d. do recreational activities;
e. free of torture, punishment or other cruel treatment, inhuman, and degrading the degree and her dignity; f. no criminal was sentenced to death or lifelong criminal;

g. not arrested, detained, or imprisoned, except as a last effort and in the shortest time;

h. obtain justice in the face of the juvenile court are objective, impartial, and in a session closed to the public;

i. not published his identity;

j. obtain mentoring parents/carers and the person who is trusted by the child;

k. obtain social advocacy;

b. obtain a personal life;

m. obtain accessibility, especially for disabled children;

n. education;

o. obtain Ministry of health; and p. obtain other rights in accordance with the provisions of the legislation.

Article 4 (1) a child who is undergoing a period of criminal is entitled to: a. criminal time reduction gained;

b. obtain assimilation;

c. obtain a leave of absence to visit family;

d. obtain parole;

e. obtain a leave of absence toward the free;

f. obtaining conditional leave of absence; and g. other rights in accordance with the provisions of the legislation.
(2) the right referred to in subsection (1) is given to a child who meets the requirements as set forth in the provisions of the legislation.
Article 5 (1) of the criminal justice system a child is obligated to give priority to restorative justice approaches.
(2) the criminal justice system of the child referred to in subsection (1) include the following: a. the investigation and criminal prosecution of the child that was carried out in accordance with the provisions of the legislation, unless specified in this Act;
b. proceedings of the child conducted by environmental justice courts in General; and c. coaching, supervision, supervision, and/or accompaniment during the process of implementation of criminal or criminal actions and after undergoing or action. (3) in the Criminal justice system as referred to in paragraph (2) letter a and letter b mandatory attempted Diversion.

CHAPTER II article 6 DIVERSION Diversion aims: a. achieving peace between the victim and the child;

b. complete the things Children outside of the judicial process;

c. preclude children from deprivation of freedom;

d. encourage the public to participate; and e. instill a sense of responsibility to the child.

Article 7 (1) at the level of investigation, prosecution, and examination of the matter of children in compulsory District Court attempted Diversion.
(2) are versioned as referred to in paragraph (1) was carried out in the event of a criminal offence committed: a. threatened with imprisonment under 7 (seven) years; and b. is not a repetition of the crime.
Article 8

(1) the process of Diversion undertaken in consultation with the child and the parent/Guardian, the victim and/or parent/Guardian, the supervisor of the community, and Professional social worker based on restorative justice approaches.
(2) in case necessary, the deliberations referred to in subsection (1) may involve social welfare Personnel, and/or the community.
(3) the process of mandatory Diversion notice: a. the interests of victims;

b. well-being of the child and the responsibilities;

c. avoidance of negative stigma;

d. avoidance of vengeance;

e. the harmony society; and f. the propriety, morality, and public order.
Article 9 (1) of the investigator, the public prosecutor, and the judge should consider Diversion in doing: a. category of criminal offence;

b. the age of the child;

c. Civic research results of Bapas; and d. the environmental support families and communities.
(2) the agreement of Versioned to approval the victim and/or the victim's Children family as well as the willingness of the child and the family, except for: a. criminal acts of infringement;

b. criminal act;

c. the crime without a victim; or d. the value of losses of no more than the value of the local provincial minimum wage.
Article 10 (1) Diversion Agreement to resolve a criminal offence of trespass, criminal offence, the crime without a victim, or the victim's loss of value is not more than the value of the local provincial minimum wage as stipulated in article 9 paragraph (2) may be made by investigators along with principals and/or his family, the community, and the Supervisor can involve community leaders.
(2) an agreement referred to in paragraph Diversion (1) conducted by the Investigators on the recommendation of the supervisor's community can be shaped: a. return loss in case there are victims;

b. medical and psychosocial rehabilitation;

c. submission of returns to the parent/guardian;

d. participation in education or training institution or LPKS longest 3 (three) months; or e. community service the longest of three (3) months.
Article 11 results of the agreement are versioned may take the form, among others: a. peace with or without damages;

b. the submission back to the parent/guardian;

c. participation in education or training institution or LPKS longest 3 (three) months; or d. the community service.

Article 12 (1) the results of the agreement referred to in article 11 is poured in the form of a deal are versioned.
(2) the results of the agreement are versioned as referred to in subsection (1) is delivered by direct superiors responsible officials at every level of the examination to the District Court in accordance with its legal area within 3 (three) days since the agreement was reached in order to obtain the designation.
(3) the determination referred to in subsection (2) is performed within 3 (three) days as of receipt of the agreement since the Diversion.
(4) the determination referred to in subsection (3) is submitted to the supervisor's community, the investigator, the public prosecutor, or judge within 3 (three) days from the set.
(5) After receiving a determination referred to in subsection (4), the Investigators published the determination of the termination of the investigation or the Public Prosecutor issued the determination of the termination of the prosecution.
Chapter 13 criminal judicial process proceed in the event that: a. the Diversion process did not produce a deal; or b. Diversion agreement is not implemented.

Article 14 (1) Supervision over the process of Diversion and the implementation of the resulting agreements are on a direct supervisor responsible officials at every level of the examination.
(2) during the process of Diversion will last until the deal is implemented, Diversion Civic obligatory Supervisor mentoring, supervision, and oversight.
(3) in the event that the agreement is not implemented Diversion within the time specified, the community Supervisor immediately report it to the responsible officials as referred to in paragraph (1).
(4) a responsible Officer referred to in subsection (3) is obligated to follow up on the report in writing within 7 (seven) days.
Article 15 Provision of the guidelines of the implementation process of the Diversion, the procedures for the implementation and coordination of Versioned, governed by regulation of the Government.

CHAPTER III the CHILD CRIMINAL JUSTICE EVENTS Section I General Provisions article 16 beracara in the law of criminal procedure apply also in the event of criminal justice child, unless specified in this Act.

Article 17 (1) of the investigator, the public prosecutor, and the judge is obligated to provide for the child's shield cover checked because the crime he did in emergency situations.
(2) a special shield cover referred to in subsection (1) is carried out through the overthrow of sanctions without pemberatan.
Article 18 in defending Children, Child victims, and/or child witnesses, Community Counselors, social workers and Social Welfare Personnel, investigators, Prosecutor, judge, and the advocate or other obligatory legal assistance voters pay attention to the best interests of the child and strive for a family atmosphere will remain preserved.

Article 19 (1) the identity of the child, the child victims, Child Witnesses and/or mandatory concealed in news coverage in the print or electronic media.
(2) Identity as mentioned in subsection (1) includes the child's name, child's name, child's name Witness name, address, parents face, and anything else that could reveal the identity of the child, Child victims, and/or Child witnesses.
Article 20 in the event of a criminal offence committed by a child even before the age of 18 (eighteen) years and submitted to the Court of session after the child beyond the age of 18 (eighteen) years of age, but have not yet reached the age of 21 (twenty one) years, Children still presented to the hearing of the child.

Article 21 (1) in case of a child not turned 12 (twelve) years do or suspected of committing a criminal offence, investigators, Community Counselors, Social Workers and Professional decisions for: a. hand it back to the parent/guardian; or b. mengikutsertakannya in educational programs, coaching, and supervision in government agencies or LPKS in establishments that handle social welfare fields, both at the central level as well as in the region, the longest 6 (six) months.
(2) the decision referred to in subsection (1) is submitted to the Court to set in writing within three (3) days.
(3) compulsory Bapas do evaluation of the implementation of the program of education, construction, and supervision to the children referred to in subsection (1) letter b.
(4) in case the results of the evaluation as referred to in paragraph (3) the child is judged still need education, coaching, supervision and follow-up, education, construction, and supervision can be extended the longest 6 (six) months.
(5) the Government agencies and the LPKS as referred to in paragraph (1) letter b obliged to submit a report to the child's development Bapas regularly every month.
(6) further Provisions regarding the terms and procedures of decision-making as well as educational programs, coaching, and supervision as referred to in subsection (1) is set by government regulations.
Article 22 the investigator, public prosecutor, judge, Community Counselors, advocate or other legal aid givers, and other officers in examining the matter of child, child victims, and/or Child Witnesses do not wear a toga or attribute is limited.

Article 23 (1) in every level of examination, the child is given a mandatory legal assistance and was accompanied by a Supervising companion or other Community in accordance with the provisions of the legislation.
(2) In every level of examination, the Child victim or Child Witness mandatory accompanied by parents and/or people who are trusted by the child victim and/or the child witnesses, or social worker.
(3) in case the parents as suspects or accused of things that are being inspected, the provisions referred to in subsection (2) does not apply to parents.
Article 24 Children who commit a criminal offence together with an adult or a member of the Indonesia national army presented to the Court, while the adult or a member of the Indonesia national army submitted to court authorities.

Article 25 (1) the Register of things Children and young victims of compulsory created specifically by agencies that deal with children's matters.
(2) the provisions of the guidelines further registers things children referred to in subsection (1) is set by government regulations.
The second part of investigation of article 26 (1) Investigation of case against Children committed by Investigators who are assigned based on the decision of the head of State police of the Republic of Indonesia or other officials who are appointed by the head of State police of the Republic of Indonesia.
(2) the examination of Child Victims or Child Witnesses conducted by Investigators as intended in paragraph (1).
(3) the terms to be set as the Investigators referred to in subsection (1) include the following: a. has been experienced as investigators;

b. have the interest, attention, dedication, and understand the problem child; and c. have attended technical training of the judiciary.
(4) in the event that there is not yet an investigator who meets the requirements referred to in subsection (3), the task of investigation carried out by investigators who undertake the task of investigation criminal acts committed by adults.
Article 27 (1) in conducting the investigation, filed a lawsuit against the child, Investigator is obligated to ask for consideration or advice of the supervisor's community after the crime is reported or complained.
(2) in the event that it deems appropriate, the investigator may request consideration or advice from expert education, psychologists, psychiatrists, religious figures, a professional social worker or social welfare Personnel, and other experts.
(3) in terms of doing the examination of Child victims and witnesses, the investigator is obligated to ask the social reports from Professional social workers or the Social Welfare Personnel after the crime is reported or complained.

Article 28 a mandatory Civic research results submitted by Bapas to Investigators within 3 x 24 (three times twenty-four) hours after investigators accepted request.

Article 29 (1) Investigator is obligated to seek Diversion in writing within 7 (seven) days after the investigation began.
(2) the process of Diversion as referred to in paragraph (1) was carried out most longer than 30 (thirty) days after the commencement of the Diversion.
(3) in case the process of Versioned successfully reached agreement, Investigators delivered the news events and their Diversion to Diversion Deal the Chairman of District Court for determination.
(4) in the event of Diversion fails, the investigator is obligated to continue the investigation and placed the matter to the public prosecutor by attaching a news event is Versioned and research reports.
The third part of the arrest and detention of article 30 (1) the arrest of done to the interests of the investigation is the longest 24 (twenty four) hours.

(2) a child who is arrested is obligated to be placed in the special children's Ministry space.

(3) in case of special children's Ministry space does not exist in the area concerned, the child is deposited in the LPKS.
(4) the arrest of compulsory done humanely with the needs in accordance with the age.
(5) Fees for every child placed in the LPKS charged on the budget Ministry which conducts the Affairs of the Government in the social field.
Article 31 (1) in carrying out the probe, Investigators coordinating with the public prosecutor.
(2) the coordination referred to in paragraph (1) will be conducted within 1 X 24 (one of twenty-four) hours since the beginning of the investigation.
Article 32 (1) of Detention should not be done in terms of the child gaining guarantees from parent/guardian and/or institution that the child will not escape, will not remove or damage the exhibits, and/or will not repeat the crime.
(2) against the Detention can only be done with the terms as follows: a. the child was aged fourteen (14) years or older; and b. is suspected of committing a criminal offence under threat of imprisonment 7 (seven) years of age or older.
(3) conditions of detention referred to in paragraph (2) should be stated expressly in the warrant of detention.
(4) for Children in detention, the need for physical, spiritual, social and Child must remain filled.
(5) to protect the security of the child, the child's placement can be done in the LPKS.
Article 33 (1) Detention as stipulated in article 32 for the purposes of investigation conducted the longest 7 (seven) days.
(2) the period of detention referred to in subsection (1) at the request of Investigators can be extended by the public prosecutor of not longer than 8 (eight) days. (3) in terms of the time period referred to in subsection (2) has expired, the mandatory Child issued by law.

(4) the detention of executed in LPAS.

(5) in case there is no LPAS, detention can be made at local LPKS

Article 34 (1) in the event of detention is performed for the purposes of prosecution, the public prosecutor may conduct detention of not more than 5 (five) days.
(2) the period of detention referred to in subsection (1) at the request of the public prosecutor can be extended by the District Court Judge more than 5 (five) days.
(3) in terms of the time period referred to in subsection (2) has expired, the mandatory Child issued by law.
Article 35 (1) in the event of detention is performed for the purposes of examination in the court hearing, the judge can do the longest detention of 10 (ten) days.
(2) the period of time referred to in subsection (1) at the request of a judge may be extended by the Chairman of the District Court of not longer than 15 (fifteen) days.
(3) in terms of the time period referred to in subsection (2) has ended and the judge has yet to give a ruling, issued by law mandatory Child.
Article 36 the determination of the Court regarding the seizure of evidence in the case the child should be set the longest 2 (two) days.

Article 37 (1) in the event of detention is performed for the benefit of the examination at the level of appeal, Judges of appeal can do the longest detention of 10 (ten) days.
(2) the period of time referred to in subsection (1) at the request of the judge of appeal can be extended by the Chairman of the High Court of not longer than 15 (fifteen) days.
(3) in terms of the time period referred to in subsection (1) and paragraph (2) has ended and the judge of appeal has yet to give a ruling, issued by law mandatory Child.
Article 38 (1) in the event of detention had to be done for the sake of examination at the level of appeal, judges of Cassation can do the longest detention of 15 (fifteen) days.
(2) the period of time referred to in subsection (1) at the request of the judge of Cassation can be extended by the Chairman of the Supreme Court the longest 20 (twenty) days.
(3) in terms of the time period referred to in subsection (1) and paragraph (2) has ended and the judge of Cassation gives verdict yet, mandatory Child issued by law.
Article 39 in the event that a period of detention as stipulated in article 33 paragraph (3), article 34 paragraph (3) of article 35, paragraph (3), article 37, paragraph (3) and article 38 paragraph (3) has expired, the officer place detained must immediately issue a Child for the sake of law.

Article 40 (1) the officials who conduct the arrest or detention of compulsory informing Children and parents/carers regarding obtaining legal assistance.
(2) in the case of officials not to carry out the provisions as referred to in paragraph (1), the arrest or detention of annulled by law.
The fourth part of the prosecution of article 41 (1) the prosecution against a things Children conducted by the public prosecutor that is assigned based on the decision of the Attorney General or other officer appointed by the Attorney General.
(2) the terms to be set up as public prosecutor as referred to in subsection (1) include the following: a. has been experienced as a public prosecutor;

b. have the interest, attention, dedication, and understand the problem child; and c. have attended technical training of the judiciary.
(3) in the event that there is not yet the public prosecutor which meets the requirements referred to in subsection (2), the task of the prosecution is exercised by the public prosecutor who conducted the prosecution's task for the criminal acts committed by adults.
Article 42 (1) of the public prosecutor is obliged to intervene earlier Versioned 7 (seven) days after receipt of the dossiers of the investigators.
(2) are versioned as referred to in paragraph (1) was carried out most longer than 30 (thirty) days.
(3) in case the process of Versioned successfully reached agreement, public prosecutor breaking news events and their Diversion to Diversion deal the Chairman of District Court for determination.
(4) in the event of Diversion fails, the public prosecutor is obliged to convey news of the event and delegate matters Diversion to court by attaching the report of research results.
Part five Juvenile Court Judges Paragraph 1 Judge of first instance of article 43 (1) for examination in the court hearing of case against Children committed by Judges who are assigned based on the decision of the Chief Justice or other officials appointed by the Chief Justice upon the suggestion of the Chairman of the concerned District Court through the Chairman of the High Court.
(2) the terms to be set out as the judge referred to in subsection (1) include the following: a. has been experienced as a judge in the judicial environment;

b. have the interest, attention, dedication, and understand the problem child; and c. have attended technical training of the judiciary.
(3) in the event that there is not yet a judge who meets the requirements referred to in subsection (2), the duty of examination at the hearing of the child is implemented by judges who perform the checks for criminal acts committed by adults.
Article 44 (1) the judge checked and disconnected things of a child in the first degree with a single judge.
(2) the Chairman of the District Court can assign a proceeding with a judge of the Tribunal in the event of a criminal offence is liable to a criminal prison 7 (seven) years old or older or hard pembuktiannya. (3) in every trial judge assisted by a court clerk or clerk of the surrogate.

Paragraph 2 Justices of Appeal Article 45 Justices of appeal are set based on the decision of the Chief Justice of the High Court presiding over the proposal in question.

Article 46 To be assigned as Judges of appeal, applies the terms as stipulated in article 43 paragraph (2).

Article 47 (1) the judge of appeal examine and break things in the appeal with a single judge.
(2) the Chairman of the High Court can assign a proceeding with a judge of the Tribunal in the event of a criminal offence is liable to a criminal prison 7 (seven) years old or older or hard pembuktiannya. (3) in the exercise of his duties, judge of appeal, assisted by a Registrar or a clerk of the surrogate.

Paragraph 3 of article 48 of Cassation Magistrate Judge of Cassation are set based on the decision of the Chairman of the Supreme Court.

Article 49 in order to be designated as Judge of Cassation, apply the terms as stipulated in article 43 paragraph (2).

Article 50 (1) the judge of Cassation examines and break things in a single level of appeal with the judge.
(2) the Chief Justice may specify proceeding with a judge of the Tribunal in the event of a criminal offence is liable to a criminal prison 7 (seven) years old or older or hard pembuktiannya. (3) in the exercise of his duties, a judge of Cassation, assisted by a clerk or a clerk of the surrogate.

Paragraph 4 of article 51 a review Against the Court ruling on the matter of the child who has acquired permanent legal force, it can be appealed the review by the Children, parents/guardians, and/or the advocate or other legal aid givers to the Chairman of the Supreme Court in accordance with the provisions of the legislation.

The sixth section of the examination in the Court of session Section 52

(1) the Chairman of the Court is obligated to assign Judges or Tribunal judges to handle the matter the longest Children three (3) days upon receipt of the dossiers of the public prosecutor.
(2) the judge is obligated to seek Diversion most 7 (seven) days after the designated by the Chief District Court judge. (3) a Diversion as referred to in paragraph (2) was implemented most longer than 30 (thirty) days.
(4) the process of Diversion can be implemented in the mediation of the District Court.
(5) in terms of the process of Versioned successfully reach an agreement, the judge delivered a news event and their Diversion to Diversion deal the Chairman of District Court for determination. (6) in the event of Diversion was not successfully implemented, the case shall proceed to the stage of the proceeding.

Article 53 (1) of the child disidangkan in the special courtroom.

(2) the waiting room of the hearing of the child is separated from the reception area hearing adults.

(3) time trial precedence of the child's time trial of adults.

Article 54 the judge examining the matter in the Council which declared closed to the public, except for the reading of the verdict.

Article 55 (1) in the hearing of the child, the judge ordered mandatory parent/guardian or an escort, advocate or other legal aid givers, Counselors and community-to accompany the child.
(2) in the event the parent/guardian and/or companion is not present, the hearing still continued with the accompanied Advocate or other legal aid givers and/or Supervisor.
(3) in case the judge does not implement the provisions as referred to in paragraph (2), the hearing of the child is annulled by law.
Article 56 After the judge opened the trial and declared the hearing closed to the public, the children are called entry along with a parent/guardian, advocate or other legal aid givers, and Counselors.

Article 57 (1) After the indictment was read, the judge ordered the Supervisor's community read out the report on the results of the research community about the child without the presence of the child, unless the judge argued another.
(2) the report referred to in paragraph (1) contains: a. the personal data of the child, the family, education, and social life;

b. the background he did the crime;

c. State the victim in case there is a victim in the crime against the body or life;

d. other matters deemed necessary;

e. Kempner Versioned; and f. the conclusions and recommendations of the supervisor.
Article 58 (1) at the time of checking the Child victim and/or the Child Witnesses, the judge ordered that the Child be taken out the courtroom.
(2) at the time of the examination of Child victims and/or Child Witness referred to in subsection (1), parents/guardians, Advocate or other legal aid givers, Counselors and Community remains present.
(3) in the case of Child Victims and/or Witnesses Children unable to attend to give a description in front of the court hearing, the judge may order the Child victim and/or Child Witnesses heard his statement: a. outside court hearings through electronic recording conducted by Civic Mentors in the area of local law by attended by the investigator or public prosecutor and Advocate or other legal aid givers; or b. through direct examination of remotely with audiovisual communication tool with accompanied by parents/guardians, Tutors or other complementary Community.
Article 59 the Council continued after the Child the child is informed about the information that has been provided by a child victim and/or the Child Witnesses at the time when the child is outside the courtroom trial.

Article 60 (1) Before dropping a verdict, the judge gives the opportunity to the parent/guardian and/or companion to state things that are beneficial to the child.
(2) in the case of certain Child Victims are given the chance by the Judges to deliver an opinion on the matter in question.
(3) the judge is obliged to consider the reports of the research community from the community Supervisor before dropping the lawsuit verdict.
(4) in matters of societal research reports as referred to in paragraph (3) are not considered in the judge's verdict, the verdict is annulled by law.
Article 61 (1) Reading the Court ruling made in a hearing open to the public and can not attended by the child.
(2) the identity of the child, the child victim, and/or Children Witnesses should still be kept secret by the mass media referred to in Section 19 by using only initials without images.
Article 62 (1) the Court is obligated to give a verdict on the day passage the verdict pronounced to the child or the advocate or other legal aid givers, Community Counselors, and the public prosecutor.
(2) the Court is obligated to provide a copy of the ruling of the 5 (five) days since the verdict pronounced to the child or the advocate or other legal aid givers, Community Counselors, and the public prosecutor.
CHAPTER IV COMMUNITY OFFICER is considered Part of the General Article 63 civic Officers consist of: a. the community Supervisor;

b. Professional Social Workers; and c. Social Welfare Personnel.

The second part of the supervisor's community Article 64 (1) research community, mentoring, supervision, and oversight of done by the supervisor.
(2) the conditions for the community Preceptor can be removed as follows: a. suitably lowest diploma three (D-3) social science or equivalent or have experienced working as associate Supervisor's community for graduates: 1) vocational secondary school of social work field experienced the shortest one (1) year; or 2) high school and are experienced in the field of social work are most short of three (3) years.
b. healthy physical and spiritual;
c. the rank/the lowest space Young Manager level I/II/b;
d. has the interest, attention, and dedication in the field of services and supervision of prisons as well as shield cover children; and e. follow the civic and Supervising technical training certificate.
(3) in the event that there are not yet viable Supervisor meets the requirements referred to in subsection (2), the duties and functions of the supervisor's community implemented by officer LPKA or LPAS or LPKA or formation of LPAS have not implemented by the clerk of the House of prisoners and correctional institutions.
Article 65 Civic Supervisor on duty: a. create a viable research report for the sake of Diversion, undertake mentoring, supervision, and oversight against Children during the process of implementing the deal and Diversion, including the report to the Court when the Diversion was not implemented;
b. create a viable research reports for the purpose of investigation, prosecution, and trial in the case of children, both within and outside the Council, including in LPAS and LPKA;
c. determine the Child care program in LPAS and coaching Children in LPKA along with other correctional officers;
d. do the mentoring, supervision, and oversight of the Court's verdict was based on criminal or punishable action; and e. do mentoring, supervision, and oversight of assimilation, which acquired the parole, leave towards free, and furlough are conditional.
The third part of professional social workers and Social Welfare Personnel Article 66 the requirement for may was appointed as a Professional social worker as follows: a. the lowest strata and certified by one (S-1) or four diploma (D-4) in the field of social work or social welfare;
b. experienced shortest labor two (2) years in the areas of social work practices and the Organization of social welfare;
c. have special skills or expertise in the field of social work and an interest to nurture, guide, and help for the sake of survival, the development of physical, mental, social, and shield cover toward the child; and d. pass the competence of professional social worker certification by the professional organizations in the field of social welfare.

Article 67 Terms to be appointed as social welfare Personnel as follows: a. the most suitably low high school social work or social welfare or social nonpekerja Bachelor or social welfare;
b. get the training field of social work;
c. experienced shortest labor of three (3) years in the areas of social work practices and the Organization of social welfare; and d. have special skills or expertise in the field of social work and an interest to nurture, guide, and help for the sake of survival, the development of physical, mental, social, and shield cover toward the child.
Article 68 (1) of the professional social workers and Social Welfare Personnel on duty: a. Guide, help, protect, and assist Children with social consultation and restore the confidence of the child;

b. provide mentoring and social advocacy;

c. be friends with children to listen to the opinions of Children and to create an atmosphere conducive;

d. helping the recovery process and changes the behavior of the child;
e. create and submit a report to the Supervisor regarding the results of Community aid, guidance, and coaching against a Child based on the Court decision imposed a criminal or action;
f. give consideration to law enforcement for the handling of social rehabilitation of children;
g. accompanying delivery to parents, government agencies, or other institutions of the community; and h. approach to society so willing to accept back the child in his social environment.
(2) in carrying out the tasks referred to in paragraph (1), a professional social worker and Social Welfare Personnel held a coordination with the supervisor.
Chapter V of the CRIMINAL ACTION and Part One General Article 69 (1) of the child can only be subject to criminal or are actions based on the provisions of this Act.

(2) children aged fourteen (14) years of age may only be charged under the Act.

Article 70


Ringannya deeds, personal circumstances or the circumstances of the child, at the time the deed is done or happens then it can be relied upon the consideration of the judge for not dropping criminal or wear considering the actions of Justice and humanity.

The second part of criminal Article 71 (1) Criminal subject matter for children consists of: a. criminal warning;
b. criminal on condition: 1) coaching outside the institution;

2) community service; or 3) supervision.
c. job training;
d. construction in institutions; and e. the prison.
(2) additional Criminal consists of: a. expropriation of profits gained from criminal acts; or b. the customary obligation fulfillment.
(3) if the criminal is liable materially in the legal form of cumulative fines, imprisonment and criminal fines replaced with job training.
(4) Criminal dropped to banned violates the dignity and the dignity of the child.
(5) further Provisions concerning the form and implementation of criminal procedures as referred to in paragraph (1), subsection (2), and subsection (3) is set by government regulations.
Article 72 of the criminal is criminal warning light lead to the restriction of the freedom of the child.

Article 73 (1) the criminal on condition can be determined by the Judges in terms of imprisonment imposed the longest 2 (two) years.
(2) In criminal court ruling regarding the condition referred to in subsection (1) is up to General conditions and special conditions.
(3) the General conditions as referred to in paragraph (2) was not going to do the crime again during her time with criminal terms.
(4) the special conditions referred to in subsection (2) is to do or not do certain things set out in the decision of a judge by remaining attentive to the freedom of the child.
(5) special terms with criminal Period longer than the period of the criminal with the General conditions.
(6) the period of time the criminal with the terms referred to in paragraph (1) the longest of three (3) years.
(7) during her time with the proviso of the criminal, the public prosecutor to conduct surveillance and perform Community supervision the supervisor so that Children occupy the requirements that have been set.
(8) for Children undergoing criminal with a requirement referred to in subsection (7), the child must follow the compulsory 9 (nine) years.
Article 74 in terms of Judges decided that the child to be built outside of the institution as referred to in article 71 paragraph (1) letter b figure 1, the institution of the place of education and construction specified in the award.

Article 75 (1) Criminal coaching outside the institution can be a must: a. supervision and counseling programs conducted by officials of the Builder;

b. follow the therapy in psychiatric hospitals; or c. follow therapy due to alcohol abuse, narcotics, psychotropic drugs, and other addictive substances.
(2) If during the construction of the children violated the special conditions referred to in Article 73 paragraph (4), the official Builder can propose to the supervisory judge to prolong the duration of construction does not exceed a maximum of 2 (two) times the construction which has not been implemented.
Article 76 (1) of the criminal community service is a criminal who intended to educate Children by improving its civic activities on the positive.
(2) if the child does not meet all or part of the obligations in the exercise of criminal community service without a valid reason, officers trustees can propose to the supervisory judge to order the child to repeat all or part of the criminal community service imposed against him.
(3) the criminal community service for children dropped most short seven hours long and at most 120 (one hundred twenty) hours.
Article 77 (1) of the criminal supervision that can be brought down to the child as stipulated in article 71 paragraph (1) letter b number 3 most short 3 (three) months old and most 2 (two) years.
(2) in case the child was sentenced to criminal supervision as referred to in paragraph (1), the child is placed under the supervision of the public prosecutor and guided by Mentors.
Article 78 (1) Criminal job training as referred to in article 71 paragraph (2) Letter c is carried out in the institutions which carry out job training to suit the age of the child.
(2) a criminal job training as referred to in paragraph (1) are subject to a most brief 3 (three) months and the longest one (1) year.
Article 79 (1) Criminal restriction of freedom imposed in terms of Children doing heavy criminal acts or criminal acts are accompanied by violence.
(2) restrictions on the freedom of the Criminal who was dropped against the longest-1/2 (one-) maximum imprisonment of the diancamkan towards adults.
(3) Special Minimum imprisonment does not apply to children.
(4) the provisions on imprisonment in the criminal code in force also against all not contrary to this Act.
Article 80 (1) Criminal coaching in the institutions is done in the job training or coaching institutes organized, both by the Government and private.
(2) Criminal coaching in the institution was dropped when the State of the Child and actions does not harm society.
(3) Construction in institutions brief the most carried out 3 (three) months and the longest 24 (twenty-four) months.
(4) a child who has had 1/2 (one-) from ever coaching in institutions and not less than 3 (three) months of being of good character eligible for parole.
Article 81 (1) Children was sentenced to imprisonment in the LPKA in the circumstances of the Child and actions will harm the community.
(2) imprisonment which can be dropped on to the longest-1/2 (one-) maximum criminal threats of prison for adults. (3) Construction in LPKA played until age 18 (eighteen) years of age.
(4) a child who has had 1/2 (one-) from ever coaching in LPKA and being of good character eligible for parole. (5) the imprisonment of only used as a last effort.
(6) if the criminal offence committed a criminal offence is a Child is liable to a criminal to death or imprisonment for life, crime dropped the longest imprisonment is 10 (ten) years.
The third section of the Act with article 82 (1) of the Act that may be subject to include: a. return to the parent/guardian;

b. submission to someone;

c. treatment in a mental hospital;

d. LPKS care;

e. the obligation to follow formal education and/or training held by Government or private bodies;

f. revocation of driving licences; and/or g. improvements resulting from criminal acts.
(2) actions referred to in paragraph (1) letter d, letter e, letter f and imposed the longest one (1) year.
(3) an action referred to in subsection (1) may be brought by the public prosecutor in charge, unless the crime was threatened with imprisonment briefest 7 (seven) years.
(4) further Provisions on the actions referred to in subsection (1) is set by government regulations.
Article 83 (1) of the Act of surrender of the Child to a person done for the benefit of the child.
(2) action against Child care is intended to assist parents/Guardians in educating and providing supervision to the children concerned.
CHAPTER VI EDUCATION, treatment, SERVICES, CONSTRUCTION, and SUPERVISION of CLIENTS of the CHILD of article 84 (1) Children who are detained are placed in LPAS.
(2) a child referred to in subsection (1) has the right to obtain services, treatment, education and training, supervision and mentoring, as well as other rights in accordance with the provisions of the legislation.
(3) compulsory LPAS organizes education, skills training, and the fulfilment of other rights in accordance with the provisions of the legislation.
(4) the community Supervisor conducted a study to determine the Organization of civic education programmes as referred to in paragraph (3). (5) mandatory Bapas to conduct surveillance against the implementation of the programme referred to in paragraph (4).

Article 85 (1) a child who was sentenced to imprisonment are placed in LPKA.
(2) a child referred to in subsection (1) is entitled to obtain a coaching, supervision, supervision, mentoring, education and training, as well as other rights in accordance with the provisions of the legislation.
(3) the LPKA convene education, skills training, coaching, and the fulfilment of other rights in accordance with the provisions of the legislation.
(4) the community Supervisor conducted a study to determine the Organization of civic education and coaching programme as referred to in paragraph (3). (5) mandatory Bapas to conduct surveillance against the implementation of the programme referred to in paragraph (4).

Article 86 (1) a child who has not yet finished undergoing criminal LPKA and have reached the age of 18 (eighteen) years of age moved to a youth correctional facility.
(2) in the event that the child has reached the age of 21 (twenty one) years, but haven't finished undergoing criminal, Child moved to the adult correctional facility with attention to continuity of coaching kids.
(3) in the event that there is not a youth correctional facility, the head of the LPKA can move the Child referred to in subsection (1) and paragraph (2) to the adult correctional facility based on recommendations from Mentors.
Article 87 (1) a child who is a client of the child the responsibility of Bapas.
(2) the client's Child as referred to in subsection (1) is entitled to supervision, supervision and mentoring, as well as the fulfilment of other rights in accordance with the provisions of the legislation.
(3) compulsory Bapas organizes supervision, supervision and mentoring, as well as the fulfilment of other rights in accordance with the provisions of the legislation.
(4) evaluation of the implementation of obligatory Bapas supervision, supervision and mentoring, as well as the fulfilment of other rights referred to in subsection (3).
Article 88


The implementation of the tasks and functions of Bapas, LPAS, and LPKA carried out in accordance with the provisions of the legislation.

CHAPTER VII CHILD VICTIMS and CHILD WITNESSES of article 89 of the child victim and/or the Child Witness is entitled to all the rights and shield cover set forth in the provisions of the legislation.

Article 90 (1) in addition to the rights already provided for in the provisions of the regulations referred to in Article 89, Child victims and Witnesses are entitled to: a. medical rehabilitation and social rehabilitation, both within the Agency and outside agencies;

b. assurance of salvation, whether physical, mental, and social; and c. the ease in getting information about the development of the matter.
(2) the provisions on the implementation of the rights of the child victims and Child Witnesses as referred to in paragraph (1) are governed by regulation of the President.
Article 91 (1) based on the consideration or proposed Supervisor Community, Professional social workers or the Social Welfare Personnel or Investigator may refer a child, the Child Victim, or Witnesses to the agency or agencies that deal with children or shield cover social welfare institutions for children.
(2) in the case of Child Victims need immediate aid action, the investigator, without social reports of the Professional social worker, can directly refer Victims to a hospital or institution that handles the shield cover children in accordance with the conditions of Child victims.
(3) based on the results of the Research Community of civic and social report of the Supervisor of Professional social workers or the Social Welfare Personnel, children, Child victims, and/or Child Witnesses entitled to obtain medical rehabilitation, social rehabilitation, and social reintegration of the institutions or agencies that handle shield cover.
(4) Child Victims and/or Witnesses who require Child shield cover may obtain from the agency that handled the shield cover shield cover witnesses and victims or social protection in accordance with the provisions of the legislation.
CHAPTER VIII of the EDUCATION and TRAINING of article 92 (1) the Government must organize education and training for law enforcement and related parties are integrated.
(2) the education and training referred to in subsection (1) do the shortest 120 (one hundred twenty) hours.
(3) Implementing the education and training referred to in subsection (1) is coordinated by the Ministry which hosts the Affairs of Government in the field of law.
(4) the provisions concerning the holding of further education and training as referred to in paragraph (3) is set by regulation of the President.
CHAPTER IX, Article 93 of the COMMUNITY AS WELL AS the ROLE of the community can participate in the child's shield cover ranging from prevention to reintegration with the social Child by means of: a. submit a report the occurrence of violations of children's rights to the appropriate authorities;

b. filing a proposal regarding the formulation and policies relating to children;

c. research and education concerning children;

d. participate in the resolution of the matter through Diversion and restorative justice approaches;
e. contribute to rehabilitation and social reintegration of Child Victims, child and/or Child Witnesses through civic organizations; f. conduct monitoring against performance of law enforcement officers in handling the matter; or g. conduct socialization about the rights of the child and legislation relating to children.

CHAPTER X the COORDINATION, monitoring, and evaluation of article 94 (1) the Ministry organizes the affairs in the field of child protection conducting cross-cutting coordination with related agencies.
(2) the coordination referred to in paragraph (1) is conducted in order to synchronize policy formulation regarding preventive measures, completion of administrative matters, rehabilitation, and social reintegration.
(3) Monitoring, evaluating, and reporting the implementation of the Criminal justice system carried out by the ministries and commissions that organizes the affairs in the field of child protection in accordance with the provisions of the legislation.
(4) further Provisions regarding the procedures for the implementation of coordination, monitoring, evaluation, and reporting set forth in a government regulation.
CHAPTER XI ADMINISTRATIVE SANCTIONS Article 95 Officials or officials that violate the provisions referred to in article 7 paragraph (1), article 14 paragraph (2), article 17, article 18, article 9 paragraph (3), article 27 paragraph (1) and paragraph (3), article 29 paragraph (1), article 39, article 42 paragraph (1) and paragraph (4), article 55 paragraph (1), as well as Article 62 is an administrative sanction in accordance with the provisions of the legislation.

CHAPTER XII PROVISIONS of article 96 of the CRIMINAL Investigator, Prosecutor, and judge who deliberately do not carry out obligations as stipulated in article 7 paragraph (1) are convicted with imprisonment of not longer than 2 (two) years or a fine of at most rp200 (two hundred million rupiah).

Article 97 any person who violates the obligation referred to in article 19 paragraph (1) are convicted with imprisonment not more than 5 (five) years and a maximum fine of Rp RP 500.000.000,-(five hundred million rupiah).

Article 98 the investigator who deliberately do not carry out obligations as stipulated in article 33 paragraph (3) are convicted with imprisonment of not longer than 2 (two) years.

Article 99 public prosecutor are deliberately not implementing the obligations as stipulated in article 34 paragraph (3) are convicted with imprisonment of not longer than 2 (two) years.

Article 100 Judges who do not carry out obligations as stipulated in article 35 paragraph (3), article 37, paragraph (3) and article 38 paragraph (3) are convicted with imprisonment of not longer than 2 (two) years.

Article 101 court officials who deliberately do not carry out obligations as stipulated in article 62 are convicted with imprisonment of not longer than 2 (two) years.

CHAPTER XIII TRANSITIONAL PROVISION Article 102 at the time this law comes into force, a child who: a. are still in the process of investigation and prosecution or that are already assigned to a District Court, but not yet disidang should be implemented on the basis of law of this Act; and b. is in process of examination in the Court of session is implemented on the basis of law set forth in the law on Courts.
Article 103 (1) at the time this law comes into force, the son of a country and/or child civilians still in the correctional facility was turned over to child: a. parent/guardian;

b. the LPKS/religious; or c. the Ministry or Department of Government Affairs which hosts in the social field.
(2) the implementation of the provisions referred to in subsection (1) is designated by the Minister of the organizing Affairs of the Government in the field of law.
Article 104 Any correctional facility should make changes to the system being LPKA in accordance with the Act is the longest of three (3) years.

CHAPTER XIV CLOSING PROVISIONS Article 105 (1) within 5 (five) years after the enactment of this law: a. every Office has a mandatory Police Investigators;

b. any prosecution required to have the public prosecutor;

c. any mandatory Court has judges;

d. Ministry of Government Affairs which hosts in law obliged to build Bapas in district/city;
e. the Ministry of Government Affairs which hosts in law obliged to build LPKA and LPAS in the province; and f. the Ministry organizes the Affairs of Government in the field of compulsory social construct LPKS.
(2) the provisions concerning the establishment of the Office of Bapas and the LPKS as referred to in paragraph (1) the letter d and the letter f excluded in terms of layout of the province and kabupaten/kota.
(3) in the case of the Ministry that organizes the Affairs of Government in areas of law do not have land to build the Office referred to in subsection (1) the letter d and the letter e, the local Government set up the land it needs.
Article 106 at the time this law comes into force, law No. 3 of 1997 concerning juvenile court (State Gazette of the Republic of Indonesia number 3 in 1997, an additional Sheet of the Republic of Indonesia Number 3668), repealed and declared inapplicable.

Article 107 implementing regulation of the Act must be set at least one (1) year after the Act is enacted.

Section 108 of this Act comes into force after 2 (two) years counted from the date of promulgation.

In order to make everyone aware of it, ordered the enactment of this legislation with its placement in the State Gazette of the Republic of Indonesia.

Ratified in Jakarta on July 30, 2012 PRESIDENT REPUBLIC of INDONESIA Dr. h. SUSILO BAMBANG YUDHOYONO Enacted in Jakarta on July 30, 2012 the MINISTER of LAW and HUMAN RIGHTS REPUBLIC of INDONESIA, AMIR SYAMSUDDIN fnFooter ();

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