SHEET COUNTRY
REPUBLIC OF INDONESIA
| No. 3, 1997 | (An explanation in the Republic of Indonesia's State Sheet 3668) |
CONSTITUTION OF THE REPUBLIC OF INDONESIA
NUMBER 3 YEAR 1997
ABOUT
CHILD TRIAL
WITH THE GRACE OF THE ALMIGHTY GOD,
PRESIDENT OF THE REPUBLIC OF INDONESIA,
.,, weighed: a. that child is part of a young generation as one of the human resources that is the potential and successor of the nation's struggle ideals, which have a strategic role and have special traits and properties, require coaching and protection. in order to guarantee the growth and development of physical, mental, and social in whole, serasi, aligned, and balanced;
., b. that to perform coaching and provide protection against the child, it is necessary support, whether institutional or legal device is more robust and adequate, therefore the provisions of the holding of the court for the child needs to be done specifically;
., c. that under the description of Article 10 of the Law No. 14 of 1970 on the provisions of the Code of Justice Power and the explanation of Article 8 of the Law No. 2 of 1986 of the Judicial General, the speciation of the court of the child is in the environment of the General Justice and be formed with the undraug;
., d. that based on those considerations on the letters a, b, and c, need to form an Act on the Court of the Child.
.,, Given: 1. Section 5 of the paragraph (1) and section 20 paragraph (1) of the Basic Law of 1945;
., 2.
Act No. 14 of 1970 on the provisions of the Pokok Code of Justice (State Sheet of 1970 Number 74, Additional Gazette number 2951);
., 3.
Act No. 2 Of 1986 of the General Judicial (State Gazette 1986 Number 20, Extra State Sheet Number 3327);
With the approval
THE REPUBLIC OF INDONESIA ' S REPRESENTATIVE COUNCIL
DECIDED:
Establish: LEGISLATION ON CHILD COURT.
BAB I
UMUM PROVISIONS
Section 1
In this Act referred to:
., 1. The child is a person who is in a case that the Nakal has reached the general 8 (eight) years but has not yet reached the age of 18 (eighteen) years and has never married.
2. The Nakal Child is:
., a., a. a child that commits a criminal offence; or
., b. A child who commits an act that is declared forbidden to the child, both according to law and according to other laws that live and study in the society in question.
., 3. Correctional students, correctional halls, correctional teams, and correctional clients are Correctional Services, Correctional Hall, Correctional Services, Correctional Services, and Correctional Customers as referred to in the Act. Number 12, 1995, about Correctional.
., 4. Detention is the placement of a suspect or a defendant in the State House of Prisoners, the Branch of the State Prisoners House or in a particular
5. Investigators are child investigators.
6. The General Prosecuting is the child ' s public prosecutor.
7. The judge is the child ' s Judge.
8. The judge of Appeal is the child ' s appeal judge.
9. Judge Kasasi is the child ' s cashier judge.
., 10. A foster parent is a person of real parenting, as a parent to a child.
., 11. The tutor is a correctional officer in the Correctional Hall who performs the Civic Guidance Of Correctional Residents.
., 12. The social organization of the community is a community organization that has special attention to the issue of Nakal's Child.
., 13. Legal counsel is legal counsel as referred to in Law No. 8 of the Year 1981 on the Law of Criminal Events.
Section 2
The Children ' s Court is the executor of the judiciary that is in the General Judicial environment.
Section 3
The next Children 's Court hearing is called the Children' s Assembly, in charge and authorities examine, disconnect, and resolve child cases as defined in this Act.
Section 4
.,, (1) The age limit of the Nakal Child which can be submitted to the Children's Assembly is at least 8 (eight) years but has not reached the age of 18 (eighteen) years and has never been married.
(2) In the event the child commits a criminal offence at the age limit as referred to in verse (1) and is submitted to the court hearing after the child is concerned beyond that age limit, but has not attained the age of 21 (twenty-one) years, Filed for the Children's Court.
Section 5
., (1) In terms of the child not yet reached the age of 8 (eight) years of committing or allegedly committing a criminal offence, then against the child may be conducted an examination by the Investigator.
(2) When according to the results of the examination, the Investigator argues that the child as referred to in verse (1) can still be scouted by an old man, or his foster parent, the Investigator receding the child to the elderly, guardian or parent. The truth.
., (3) If according to the results of the examination, the Investigator argued that the child as referred to in verse (1) could not be scouted again by parents, guardians or their parents, Investigators handed the child over to the Department of Social Affairs after Heard the deliberation of the Corrections Guide.
Section 6
Judges, Public Prosecuts, Investigators, and Legal Counsel, as well as other officers in the Children ' s Assembly do not wear toga or service clothes.
Section 7
.,, (1) Children who commit felon together with adults are submitted to the Children ' s Assembly, whereas adults are submitted to the hearing for the adults.
.,, (2) Children who commit felon together with Members of the Armed Forces of the Republic of Indonesia are submitted to the Children ' s Assembly, whereas Members of the Armed Forces of the Republic of Indonesia are submitted to the Military Court.
Section 8
(1) The judge examined the child ' s case in a closed hearing.
.,, (2) In certain terms and is seen to need an examination, the child ' s case as referred to in verse (1) can be done in an open hearing.
., (3) In a closed trial can only be attended by concerned children along with parents, guardians, or foster parents, Legal Counsel, and Corrections Counselors.
(4) In addition to those referred to in verse (3), certain persons on the permission of the judge or the assembly of judges may attend the trial as referred to in verse (1) (5) the Annunciation of child matters from the time of inquiry until the moment before the trial period. The court 's pronunciations used the abbreviation of the child' s name, the parent, guardian, or the parent ' s parents.
.,, (6) The termination of the court in examining the child ' s case as referred to in paragraph (1) is spoken in an open hearing to the public
BAB II
THE JUDGE AND THE AUTHORITY OF THE CHILD TRIAL
The First Part
Judge
Section 9
The judge is set on the basis of the Chief Justice ' s Decision on the proposal of the Chairman of the State Court concerned through the High Court Chair.
Section 10
The terms for which to be specified as Judges as referred to in section 9 are:
., a., a. has been experienced as a judge in court in the General Judicial environment;
B. have an interest, attention, dedication, and understanding of the child problem.
Section 11
.,, (1) The judge examines and dissolves the child ' s case in the first degree as a single judge.
.,, (2) In that particular and viewed need, the Chairman of the State Court may set a child ' s case check done with the assembly judge.
.,, (3) Judge in exercising his duties assisted by a Panitera or a Panitera Replacement.
The Second Part
The Appeal judge
Section 12
The Appeal judge is set on the basis of the Supreme Court Chief Justice ' s Decision on the suggestion of the High Court Chair concerned.
Section 13
The terms apply to the Judge as referred to in Article 10, in effect also for the Judge of Appeal.
Section 14
.,, (1) The Court of Appeal examines and dissolves the child ' s case in the degree of appeal as a single judge.
.,, (2) In terms of certain and viewed need, the High Court Chair may establish a child ' s case examination done with the assembly judge.
.,, (3) The judge of the Appeal in the exercise of his duties is assisted by a Panitera or a Panitera Replacement.
Section 15
The chairman of the High Court provides guidance and supervision of the judicial path within its jurisdiction to allow the Children's Assembly to be held in accordance with this Act.
The Third Part
Magistrate Cassation
Section 16
Judge Cassation is set on the basis of the Supreme Court Chief Justice ' s Decision.
Section 17
The terms applicable to the Judge as referred to in Article 10, apply also to Judge Cassation.
Section 18
.,, (1) The Judge Kasasi examines and dissolves the child ' s case in the level of cassation as a single judge.
.,, (2) In a certain and viewed need, the Chief Mahakamah Agung can set a child ' s case examination done with the assembly judge.
.,, (3) Judge cassation in the exercise of his duties, assisted by a Panitera or a Panitera Replacement.
Section 19
The top supervisor over the Children ' s Assembly is conducted by the Supreme Court.
The Fourth Part
Return Review
Section 20
Against the judgment of the Court of Nakal, which has obtained the legal force, may be redirected by the child and the parent, guardian, parent of foster care, or the retirement of his law to the Great Mahakamh. the Act provisions applicable.
The Fifth Part
Child Assembly Authority
Section 21
The Children ' s Court is authorized to examine, cut, and resolve criminal cases in the case of the Nakal Child.
BAB III
CRIMINAL AND ACTION
Section 22
Against the Bad Boy can only be dropped felon or the actions specified in this Act.
Section 23
(1), (1) the criminal that can be dropped to the Son of Nakal is a penal and an additional criminal.
(2) The principal criminal that can be dropped to the Son of Nakal is:
., a., a. prison criminal;
B. criminal confinement;
c. criminal fines; or
D. Criminal surveillance.
(3) (3) In addition to the subject matter (2) of the subject matter (2) of the Son of Nakal may also be given additional criminal charges, such as the appropriation of certain items and or repayment of the damages.
.,, (4) The terms of the form and method of repayment of the damages are further regulated by Government Regulation.
Section 24
(1) The action that can be dropped to the Son of Nakal is:
., a., a. returns to parents, guardians, foster parents;
., b. Handing over to the country to follow education, coaching, and work exercises; or
., c. handing over to the Department of Social Affairs, or the Social Organization of Corrections that moves in the field of education, coaching, and work exercises.
.,, (2) Actions as referred to in paragraph (1) may be accompanied by a reprimand and additional terms set forth by the Judge.
Section 25
., (1) Against the Son of Nakal as referred to in Article 1 of the 2-letter figure, the Judge sentenced the criminal to be referred to in section 23 or the act as referred to in section 24.
., (2) Against the Son of Nakal as referred to in Article 1 of the letter 2 letter b, the Judge drops the act as referred to in Article 24.
Section 26
.,, (1) the prison criminal that can be dropped to the Son of Nakal as referred to in Article 1 of the 2-letter figure, the longest of 1/2 (one per two) of the maximum criminal threat of prison for adults.
., (2) If the Son of Nakal is referred to in Article 1 of the two letters a, committing a felony that is threatened with a death criminal or a prison criminal for life, then a prison sentence that can be dropped to the child at least 10. (ten) years.
(3) If the Son of Nakal is referred to in Article 1 of the two letters a, not yet reached the age of 12 (twelve) years committing a criminal offence of death or imprisonment of a lifetime, then against the Son of Nakal is only able to be found. Drop-down actions as defined in Section 24 of paragraph (1) letter b.
., (4) If the Son of Nakal as referred to in Article 1 of the two letters a, not yet reached the age of 12 (twelve) years of committing a criminal offence not to be threatened by death or not being threatened by prison for life, then against the Son of Nakal It was dropped by one act as referred to in Article 24.
Section 27
Criminal confinement may be dropped to the Son of Nakal as referred to in Article 1 of the 2-letter number a, longest 1/2 (one per two) of the maximum criminal threat of confinement for the adults.
Section 28
.,, (1) The criminal fines that can be dropped to the Nakal Child at most 1/2 (one per two) of the maximum criminal threat of fines for adults.
.,, (2) If the criminal fine as referred to in paragraph (1) turns out to be unpaid then it is replaced with mandatory work practice.
.,, (3) The exercise of work as a substitute for the fine is done at least 90 (ninety) days of work and long work practice no more than 4 (four) hours a day as well as not performed at night.
Section 29
.,, (1) The conditional criminal may be dropped by Judge, if the prison criminal is dropped at most 2 (two) years.
.,, (2) In the court ruling on a conditional criminal as referred to in paragraph (1) of the specific general terms and conditions.
.,, (3) The common condition is that the Nakal Child will not commit any more criminal acts during the course of the parole period.
., (4) The special condition is to perform or not to do the specific thing set in the judge 's verdict by staying on the care of the child' s freedom.
.,, (5) The parole period for special terms is shorter than the conditional criminal term for the general term.
.,, (6) the term of the conditional criminal term as referred to in paragraph (1) most prolonged 3 (three) years.
.,, (7) During the run of the penal term, the Prosecutor conducts the oversight and the Correctional Counsellors conduct guidance for the Nakal's Son to keep up with the predetermined requirements.
.,, (8) The Nakal ' s child who is serving a conditional criminal is mentored by the Correctional Hall and is status as a correctional client.
.,, (9) As long as the Nakal Child is status as a Customer of Corrections can follow school education.
Section 30
(1), (1) the supervision of the supervision, which may be given to the Son of Nakal as referred to in Article 1 of the two letters a, at least 3 (three) months and at most two (two) years.
(2) If the Son of Nakal is referred to in Article 1 of the two letters a, given the criminal oversight as referred to in verse (1), then the child is placed under the supervision of the Attorney and the guidance counselor of the penitentiary.
., (3) The provisions of the form and layout of the supervising criminal execution are further regulated by the Government Regulation.
Section 31
.,, (1) The Nakal Child whom Judge is distrauted to be handed over to the state, is placed in the Child Correctional Institution as the Son of State.
.,, (2) For the sake of the child ' s sake, the Head of the Child Correctional Institution may apply to the Minister of Justice for the State Child as referred to in verse (1) placed in the child education institution hosted by the Government or Private.
Section 32
If the Magistrate decides that the Nakal Child is required to follow the education, coaching, and exercise of work as referred to in Article 24 of the paragraph (1) the letter c, Judge in its decision and determines the institution where education, coaching and working exercises are required. It is implemented.
BAB IV
THE CORRECTIONAL OFFICER
Section 33
The correctional officer consists of:
a. Ministry of Corrections from the Department of Justice;
B. Social Workers from the Department of Social Affairs; and
C. Voluntary Social Worker of the Social Organization of Corrections.
Section 34
.,, (1) the Corrections Guide as referred to in Article 33 of the letter a duty:
.,
., a., a. help to streamline the task of Investigators, Public Prosecutions, and Judges in the Nakal's case, both inside and outside the Children's Assembly by making a report of a correctional research report;
., b. guide, assist, and supervise the Nakal's Son based on court rulings sentenced to parole, criminal oversight, criminal fines, be handed over to the state and must follow the work exercise, or the child who obtained parole from It's a correctional facility.
., (2) Social Workers as referred to in section 33 of the letter b, tasked with guiding, assisting, and supervising the Nakal ' s Son based on court rulings handed over to the Department of Social Affairs to follow education, coaching, and work exercises.
.,, (3) In carrying out the task as referred to in paragraph (2) the Social Worker conducts coordination with the Societal Guidance Counselor.
Section 35
The tutor of the Correctional and Social Workers in carrying out the duties referred to in Article 34 of the paragraph (1) and the verse (2) may be assisted by the Social Workers of the Volunteer as referred to in Article 33 of the c.
Section 36
The provisions of the duties, obligations, and terms for the Solemn Guiding are governed by more by the Decree of the Minister of Justice.
Section 37
The provisions of the duties, obligations, and terms for the Social Workers are further set up by the Decision of the Social Ministers.
Section 38
Social and social workers ' counselors must have special expertise in accordance with their duties and obligations or have technical skills and soul devotion in the field of social welfare endeavors.
Section 39
., (1) Volunteer Social Workers must have special skills or skills and an interest in fostering, guiding, and helping children for the sake of survival, physical, mental, social development and protection against children.
., (2) Volunteer Social Workers provide a report to the Correctional Guidance regarding the results of guidance, assistance, and coaching on a child based on a court ruling sentenced to a criminal or an action.
BAB V
CHILD COURT EVENT
The First Part
Common
Section 40
The applicable Event Law is applied also in child courts, unless otherwise specified in this Act.
The Second Part
Bad Boy Case
Paragraph 1
The inquiry
Section 41
.,, (1) The investigation of the Nakal Child is performed by the Investigator prescribed by the Decree of the Chief of the Indonesian National Police or other officials appointed by the Chief of the Indonesian Police.
.,, (2) The Sterms to be set to be designated as Investigators as referred to in paragraph (1) are:
.,
., a., a. have experienced as an investigator of criminal conduct committed by an adult;
B. Have interest, attention, dedication, and understanding child issues.
.,, (3) In terms of certain and viewed need, the assignment of the inquiry as referred to in paragraph (1) may be charged to:
.,
., a., a. investigators who perform the investigation duties for the criminal acts committed by the adult; or
., b. Other investigators specified under the provisions of the Act apply.
Section 42
(1) Investigators are required to examine the suspect in a familial atmosphere.
.,, (2) In conducting the investigation of the Nakal, the Investigator is required to request consideration or advice from the Penitentiary Tutor, and should also be able to request consideration or advice from education experts, mental health experts, religious experts, and the study of the State of the Interior. Or any other correctional officer.
(3) The investigation process against the Nakal Child case is strictly confidential.
Paragraph 2
Arrest and Detention
Section 43
.,, (1) The arrest of the Nakal Child is carried out in accordance with the provisions of the Criminal Event Law Act.
.,, (2) The Capture as contemplated in paragraph (1) is performed in the interest of the examination for at least 1 (one) days.
Section 44
.,, (1) For the sake of the inquiry, the Investigator as referred to in section 41 of the paragraph (1) and the verse (3) of the letter a, the authorities conduct a detention of a suspected child committing a criminal offence based on sufficient preliminary evidence.
.,, (2) Detention as referred to in paragraph (1) applies only to the most prolonged 20 (twenty) days.
.,, (3) the term as referred to in paragraph (2) if required in the interest of an uncompleted examination, at the request of the Investigator may be extended by the authorized General Charge, for the most prolonged 10 (ten) days.
., (4) Within 30 (thirty) days of the Investigator as contemplated in verse (1) must have submitted the file of the case in question to the General Prosecuting.
., (5) If the term as referred to in paragraph (4) is exceeded and the case file has not been submitted, then the suspect must be removed from custody for the sake of law.
.,, (6) The detention of a child is exercised in a special place for a child in the neighborhood of the State of Prisoners, the Branch of the House of State Prisoners, or in a particular place.
Section 45
.,, (1) Detention is carried out after solemnable considering the interests of the child and or the interests of the community.
.,, (2) The reason for the detention as referred to in paragraph (1) must be expressed decisively in a restraining order.
(3) The place of child custody must be separated from the place of the adult prisoner.
.,, (4) As long as the child is detained the physical, spiritual, and social needs of the child must remain infested.
Section 46
.,, (1) For the benefit of the prosecution, the General Prosecuting authorities conduct continued detention or detention.
.,, (2) Detention as referred to in paragraph (1) for the most prolonged 10 (ten) days.
.,, (3) the term as referred to in paragraph (2) if required in the interest of an uncompleted examination, at the request of the General Prosecuting may be extended by the Chairman of the State Court authorized for at least 15 (fifteen) Days.
(4) Within a period of 25 (twenty-five) days, the General Prosecuting must bestow the child's case file to the courts of the country.
(5) If the term is referred to in verse (4) is exceeded and the case file has not been devolted to a state court, then the suspect must be removed from custody by law.
Section 47
.,, (1) For the benefit of the examination, the Judge at the court hearing authorities issued a child detention warrant that was being examined.
.,, (2) Detention as referred to in paragraph (1) for the most prolonged 15 (fifteen) days.
.,, (3) the term as referred to in paragraph (2) if required in the interest of an uncompleted examination, may be extended by the Chairman of the Court of State concerned for at least 30 (thirty) days.
(4) If the term as referred to in verse (3) is exceeded and the Court of Appeal has not given up its verdict, then the child in question must be removed from custody by law.
Section 48
.,, (1) For the benefit of the examination, the Judge of Appeal at the court of competent authorities issued a child detention warrant being examined.
.,, (2) Detention as referred to in paragraph (1) for the most prolonged 15 (fifteen) days.
.,, (3) The term as referred to in paragraph (2) if required for the purposes of an uncompleted examination, may be extended by the Chairman of the High Court concerned for at least 30 (thirty) days.
(4) If the time period is referred to in verse (3) is exceeded and the Judge has not given the verdict, then the child in question must be removed from custody by law.
Section 49
.,, (1) For the purposes of vetting, Judge Kasasi authorities issued a child detention warrant that was being examined.
.,, (2) Detention as referred to in paragraph (1) for the longest of 25 (twenty-five) days.
., (3) The term as referred to in paragraph (2) if required for the purposes of an uncompleted examination, may be extended by the Chief Justice for at least 30 (thirty) days.
(4) If the term is referred to in verse (3) is exceeded and Judge Kasasi has not given the verdict then the child in question must be removed from custody for the sake of law.
Section 50
.,, (1) excluded from the term of detention as referred to in Article 44, Section 46, Section 47, Section 48, and section 49 of the interests of the examination, detention of a suspect or defendant may be extended based on reasonable grounds. And it cannot be avoided because the suspect or the defendant suffers from a severe physical or mental illness, as evidenced by the doctor ' s letter of testimony.
.,, (2) The extension of the detention as referred to in paragraph (1) is given for at least 15 (fifteen) days, and in terms of such detention is still required, it can be extended again for at least 15 (fifteen) days.
(3) The detention extension as referred to in paragraph (2) is given by:
., a., a. Chairman of the State Court at the level of inquiry and prosecution;
B. Chairman of the High Court at the level of examination in a state court;
C. Chairman of the Supreme Court in the level of examination of appeals and cascings.
.,, (4) The use of authority extension of detention by officials as referred to in paragraph (3) is carried out gradually and with full responsibility.
(5) After 30 (thirty) days, even if the case is not yet completed or unbroken, the suspect or the defendant should be removed from custody by law.
.,, (6) Against the extension of the detention as referred to in paragraph (2) the suspect or defendant may submit an objection to:
., a., a. Chairman of the High Court at the level of inquiry and prosecution;
., b. Chairman of the Supreme Court on the level of state court examination and appeal hearing.
Section 51
., (1) Any Son of Nakal since the time of being arrested or withheld is entitled to obtain legal assistance from a person or more Legal Counsel during the time and at any level of examination according to the grammar of the manner specified in this Act.
.,, (2) Officials who perform arrest or mandatory detention inform the suspect and parent, guardian, or foster parent, regarding the right of obtaining legal assistance as referred to in paragraph (1).
.,, (3) Any Nakal Child who is arrested or withheld is entitled to direct contact with the Legal Counsel by being supervised without being heard by the authorized official.
Section 52
In order to provide legal assistance to the child as referred to in Article 51 of the paragraph (1), the Legal Counsel is obliged to pay attention to the interests of the child and of the common interest and attempt to keep the family's atmosphere preserved and the judiciary running. smoothly.
Paragraph 3
Prosecution
Section 53
.,, (1) The prosecution of the Nakal Child is carried out by the General Prosecution, which is set under the Decree of the Attorney General or other officials appointed by the Attorney General.
.,, (2) The Terms of Use to be specified as the General Prosecuting as referred to in paragraph (1) are:
.,
., a., a. has been experienced as a General Pencharge of felon committed by an adult;
B. Have interest, attention, dedication, and understanding child issues.
.,, (3) In a certain and viewed need, the duty of the prosecution as referred to in verse (1) may be charged to the Public Prosecuting which performs the prosecution's duty for the criminal acts committed by the adult.
Section 54
In the case of the General Prosecutions arguing that from the results of the investigation can be made a prosecution, it is mandatory in time to immediately make an indictment in accordance with the provisions in the Criminal Events Law Code.
Paragraph 4
The examination at the court hearing
Section 55
In the case of the Son of Nakal as referred to in Article 1 of the 2, the Public Prosecutions, Law, Penitentiary, parental, guardian, or foster parents and witnesses, are required to be present in the Children's Assembly.
Section 56
.,, (1) Before the hearing was opened, the Judge ordered that the Correctional Counsellors convey a report of the results of the correctional research of the child in question.
(2) The report as referred to in paragraph (2) contains:
., a., a. child ' s individual data, family, education, and child social life; and
B. The conclusion or the opinion of the Corrections Guide.
Section 57
.,, (1) After the Judge opened the trial and declared a closed hearing to the public, the accused was called in and the parents, the guardians, or the foster parents, the Legal Counsel and the Correctional Counsellors.
.,, (2) During the trial, the accused are accompanied by parents, guardians, or foster parents, Legal Counsel and Corrections Counsellors.
Section 58.
.,, (1) At the time of examining witnesses, the Judge may order that the accused be brought outside the courtroom.
., (2) At the time of the witness examination as referred to in paragraph (1), the parents, the guardian, the foster parents, the Legal Counsel, and the Penitentiary Tutor are in attendance.
Section 59
., (1) Before pronunciating his verdict, the Judge provides a working opportunity to the parents, guardians, foster parents to express all things of the benefit to the child.
.,, (2) The termination as referred to in paragraph (1) is required to consider the security research report of the Correctional Service (3) The mandatory court ruling is said in an open hearing to the public.
BAB VI
THE CHILD PENITENTIARY INSTITUTION
Section 60
.,, (1) The Didik Child of Corrections is placed in the Penitentiary Institute of Children who must be separated from the adults.
.,, (2) The child placed in the institution as referred to in paragraph (1) is entitled to obtain an education and exercise in accordance with its talents and abilities as well as other rights under applicable laws.
Section 61
.,, (1) The unmarried child underwent his criminal in the Children ' s Correctional Institution and has reached the age of 18 (eighteen) years transferred to the Penitentiary.
.,, (2) the Criminal Son as referred to in verse (1) which has reached the age of 18 (eighteen) years, but is placed in the Penitentiary separately from the one that has reached the age of 21 (twenty-one) years or more.
Section 62.
(1), (1) A criminal who has a prison criminal 2/3 (two-thirds) of a convicted criminal who is at least 9 (nine) months and misbehaving, may be granted parole.
(2) The (2) Penal son as referred to in verse (1) is under the supervision of the Attorney and the Penitentiary Tutor exercised by the Correctional Hall.
., (3) The parole as referred to in paragraph (1) is accompanied by an old trial period equal to the rest of the criminal that should be left to it.
.,, (4) In the exemption of the specified general terms and special terms as referred to in Article 29 of the paragraph (3) and the verse (4).
.,, (5) The observation of the conduct of the guidance as referred to in verse (2) is carried out by the Extremely of the Governing Team.
Section 63
If the Head of the Juvenile Penitentiary argues that the Son of State after serving his education in institutions is at least one year and is good enough that it does not require coaching anymore, the head of the Penitentiary can be found. apply for a permit to the Minister of Justice so that the child may be expelled from the institution with or without the condition as referred to in Article 29 of the paragraph (3) and the verse (4).
BAB VII
THE TRANSITION PROVISION
Section 65
The Bad Boy's case at the time of the Act's enactment:
., a., a. Already checked out, the next settlement is under the law of the event which is effective before the Act's enactment;
., b. It has been granted to the court of state but has not yet been examined, the subsequent settlement is under the law of the Court of Children ruled in this Act.
Section 66
The judge's verdict on the case of the Nakal has not yet acquired the power of the law, or who has obtained the power of the law nonetheless, but has not been implemented at the time of the Act, the subsequent settlement is carried out. This legislation.
BAB VIII
CLOSING PROVISIONS
Section 67
Upon the expiration of this Act, then Article 45, Article 46 and Article 47 of the Criminal Law Act are declared to be no longer valid.
Section 68
This law starts in effect 1 (one) of the year counting since the date of the invitation.
In order for everyone to know it, order the invitational of this Act with its placement in the State Sheet of the Republic of Indonesia.
.,, Dislocated in Jakarta
on January 3, 1997
PRESIDENT OF THE REPUBLIC OF INDONESIA
SUHARTO
Promulgated in Jakarta
on January 3, 1997
MINISTER OF STATE SECRETARY OF STATE
REPUBLIC OF INDONESIA,
MOERDIONO
