NAMA : EFRAT BONA TUA SILALAHI

NIM : 8111417149
MATKUL : BAHASA INGGRIS HUKUM
ROMBEL : 02

AGE LIMITS OF CHILDREN'S CRIMINAL RESPONSIBILITY

IN CRIMINAL LAW IN INDONESIA

CHAPTER I
INTRODUCTION

A. Background
Every child is a state asset that has a strategic role in bring the direction of the existence
of the nation and state in the future. Children who are noble, educated, and creative are the
keys to the success of a country to achieve better welfare and the life of the nation state. As
stated in the consideration of the Law of the Republic of Indonesia Number 23 of 2002
concerning Child Protection in the weighing section, it was explained that children are
budding, potential, and the younger generation is continuing the ideals of the nation's
struggle, therefore children need to have the widest opportunity to grow and develop
optimally, both physically, mentally and socially, and have a noble character, and safeguards
and to realize child welfare need to be carried out by guaranteeing the fulfillment of their
rights.
However, not every child gets optimal development within his life. In addition to intrinsic
factors in children who are psychologically and biologically children which is still in growth
so that it is often unstable, extrinsic factors like the environment around children also affects
the development of each child which determines each action. It's not uncommon for children
to grow up inside environment that is not optimal for its development will grow into problem
child.
At the end of the 19th century concerns began to hit European countries and America, the
number of children and youth criminalization increase. In dealing with this phenomenon,
when it is treated against criminals are equated to children and adults, so that in various
countries carried out efforts towards child protection.
As a country that ratified the Convention on the Rights of the Child in 1990, Indonesia
must promote and protect the interests of children's rights as humans, as stated in the
Convention on the Rights of the Child. Age limit Child criminal liability is one of the crucial
elements its determination in determining criminal law for children. Guidelines regarding the
age limit for child criminal responsibility itself is regulated in law criminal in Indonesia,
namely the Criminal Code (KUHP), Law Children's Court, and SPPA Law.
The shift in the age of the child in conflict with the law is certain bring ideas that are
considered by the government to change boundaries age related to bad children or children in
conflict with the law. Basic idea the shift regarding the age limit of the child's criminal
liability underlying this article.

B. Problems
Based on the things described, then legal issues / issues which can be described are as
follows:
1. What are the basic ideas of shifting age limits child criminal liability in criminal law in
Indonesia?
2. What are the rules for the age limit for child criminal liability within Law Number 11 of
2012 concerning Child Criminal Justice System has reflected the best interests of the child?
 CHAPTER II
DISCUSSION

This study uses a type of normative juridical research with method of legislative
approach and historical approach. Material type law consists of primary, secondary and
tertiary legal materials. Legal material primary, namely the Criminal Code, Law Number 3
In 1997 concerning Juvenile Court, Law Number 39 of 1999 concerning Human Rights, Law
Number 23 of 2002 concerning Child Protection, as well as Law Number 11 of 2012
concerning the System Child Criminal Justice.
Secondary legal materials, namely minutes of work of the draft juvenile justice law and
minutes of the draft system work meeting child criminal justice, research results and legal
literature, as well as legal articles and journals from the internet related to age limits child
criminal liability in Criminal Law in Indonesia.
In the conceptual definition, what is meant is criminal liability is the continuation of
objective criticism of criminal acts based on applicable law. Subjectively to the maker who
fulfills the conditions in the (criminal) law can be subject to criminal penalties his actions.
Meanwhile, the requirement for criminal liability or imposed a criminal, then there must be
an element of error in the form of intentional or negligence. And what is meant by the child
is someone who have not reached the age of 18 years. In cases of naughty children, children
are referred to are children who are 14 (fourteen) years old, but not yet 18 (eighteen) years
old suspected of committing a crime the intended criminal is a law which aims to determine
what actions or who can be convicted (including in the depth of the age of criminal liability),
and any sanctions which are available.
The Juvenile Court Law stipulates that the age of accountability child punishment has
reached the age of 8 (eight) years but not yet reaches the age of 18 (eighteen) years and has
never married. Ideas philosophical about establishing the age limit for criminal liability in the
Act The Juvenile Court is:
1. Determination of the age limit for criminal liability is based on the consideration that
psychologically, at that age the child is already have a sense of responsibility
2. There are forgiving reasons for children who commit criminal acts however
not yet 8 years old
3. Improve legal protection for children.
4. According to the legislative legislators of the Juvenile Justice Act at that time that 8-year-
old children are sociologically, psychologically and pedagogically able account for his
actions
5. Philosophical ideas are also contained in the Manuscript Act Number 3 of 1997
concerning the Juvenile Court in the explanatory section that there is a need to consider the
position of the child with all traits and characteristic, so it is necessary to differentiate
treatment and threat of use provide the right direction in fostering and protecting children
6. Government efforts in 1957 by sending several experts from several departments abroad
which produced verbal agreements between the Attorney, Police and Justice agencies to hold
special treatment for children who commit criminal acts, as well as ideas in the Minutes of
the Working Meeting of the Special Committee on the Draft Law concerning The Juvenile
Justice with the Indonesian Minister of Justice became a historical idea shifting the age limit
of child criminal liability from the age limit stipulated in the Criminal Code.
However, history shows that in the end the Act Number 3 of 1997 concerning the
Juvenile Court was tested at the Court Constitution (MK). This test resulted in the decision of
the Constitutional Court Number I / PUU-VIII / 2010 finally granted part of the request the
applicant, which includes Article 1 Number 2 letter b, Article 4 Paragraph 1, and Article 5
Paragraph 1 of Law Number 3 of 1997 concerning Juvenile Courts declared conditional
constitutional. In the decision, the Constitutional Court expressing his opinion regarding the
age of child criminal liability is 12 years old.
Determination of the age limit for new criminal liability in children The SPPA Law,
should reflect the best interests of children. The principle of the best interest for this child
continues to be emphasized in the discussion SPPA bill. The principle of the best interest for
this child is reflected in:
1. Determination of the age limit for criminal liability originally regulated in the Court Law
the 8-year-old child is not yet 18 years old, shifting become 12 (twelve) years old, but not
yet 18 in the Act SPPA. There is no longer a limit of "not married" so that it is not
discriminatory. In accordance with the rights protected in the Declaration of the Rights of
the Child states that children must be protected from actions that lead to forms of social,
religious and other forms of discrimination. The nature of non-discrimination in Article 1
 Paragraph 3 of the SPPA Law is also in accordance with Article 2 Paragraph 1 of the
Convention on the Rights of the Child which states that participating countries (state
parties) will respect and guarantee the rights set out in this convention for every child in
their jurisdiction without discrimination in any form.
2. Provisions in the SPPA Law state that a child is 12 years old may only be examined as a
basis for decision making by the Investigator for giving action, not part of the criminal
justice process.

Explanation of the SPPA Law on this article explains that "Process examinations carried
out by Investigators against Children are carried out not in framework of the criminal justice
process, but is used as the basis for taking decisions by Investigators, Community Guidance
and Social Workers Professional. In this provision, consideration from the Supervisor
Society in the form of a social research report which is a mandatory requirements before
Investigators, Community Guidance and Workers Social Professionals make decisions.
Seen the principle of deprivation of the liberty is the last measure in Article 21 Paragraph
1. Deprivation of children's freedom is sought as a way lastly to give children the
opportunity to improve, grow and develops well with the given action aimed at improvement
of the offender. Article 21 Paragraph 1 shows that it is getting younger the age of the child,
the smaller the possibility of punishment.
Where according to Article 21 Paragraph 1, children under age or not 12 years old,
considered unable to account for his actions. This is in accordance with Article 40 Paragraph
3 letter a CRC which states that minimum age setting where children under the age will
considered as not having the ability to violate the Criminal Law. Keep in mind that the
principle that is carried out in the CRC is one of the best interests principles for children.
The provision is also in line with the United Nations Rules for the Protection of Juvenile
Deprived of Their Liberty on Part 1 Rule 11 (a) which states that the age limit of children
under 18 should not be permitted to revoke his freedom, but must be determined by law. In
terms of this law in the SPPA Law determines that the child is not yet 12 years old cannot be
revoked his freedom.
 This principle is certainly related to the best interests of the child. It can be said that the
provisions in Article 21 Paragraph 1 have shown the principle of the best interest for
children with all the rules of the child perpetrators of crimes arranged in it.
3. New crimes can be dropped for children aged 14 years to 18 years.
For provisions of action for children 12 to less than 14 years, the actions imposed on
children are regulated in Article 69 Paragraph 2, which states that “Children who are not
yet 14 (fourteen) years old can only obtain subject to action.”

Provisions on the age limit for increasing child criminal liability increased, the existence
of Restorative Justice approaches and increasingly diversified efforts strengthen the
statement that the SPPA Act prioritizes deprivation of liberty is the last measured the best
interests of the child the possibility of criminalization in children is getting smaller. This is
also appropriate with Rule 19 The Beijing Rules which read "least possible use of
institutionalization "(the smallest possibility for institutionalization / imprisonment). Based
on the provisions of the age limit for child criminal liability within The SPPA Law shows
that the government has tried to create rules that prioritize the best interests of children.
 CHAPTER III
CLOSING

Based on the description on the presentation of the research results and the discussion, it
can be affirmed that there are ideas of shifting boundaries the age of child criminal liability
in criminal law in Indonesia. Idea philosophical in Law Number 3 of 1997 concerning
Juvenile Courts is based on the consideration that with the spirit of coaching and child
protection, psychologically sociological, and pedagodic at the age the child has a sense of
responsibility (8 to 18 years) and never married, while the government tried in 1957 with
send some experts who produce agreements and ideas in the Minutes of the Working
Meeting of the Special Committee on the Draft Law on Justice be a historical idea
determined by the age limit for child criminal liability new ones that are different from those
stipulated in the Criminal Code.
Determination of the age limit for new child criminal liability in Law Number 11 of 2012
concerning the Criminal Justice System The child has reflected the best interests of the
child. This can be seen from the minimum age limit for criminal liability of children of 8
years to 12 years, there is no longer a limit of "not married" so it is not of a nature
discriminatory. Provisions that children are not yet 12 years old are only allowed examined
as the basis for decision making by the Investigator to give actions, not part of the criminal
justice process. Besides that, the System Law The Child Criminal Justice also states that a
new criminal can be imposed for children aged 14 years old and not yet 18 years old.
Existence provisions regarding efforts to approach Restorative Justice and Diversion, too
further reducing the possibility of the child to be convicted.
 BIBLIOGRAPHY

Bunadi Hidayat, Pemidanaan Anak di Bawah Umur, Alumni, Bandung, 2010.

Maidin Gultom, Perlindungan Hukum Terhadap Anak, Refika Aditama, Bandung, 2006.
Wagiati Soetodjo, Hukum Pidana Anak, Refika Aditama, Bandung, 2006.

UNDANG-UNDANG
Undang-Undang Nomor 3 Tahun 1997 tentang Pengadilan Anak.
Undang-Undang Nomor 23 Tahun 2012 tentang Perlindungan Anak.
Undang-Undang Nomor 11 Tahun 2012 tentang Sistem Peradilan Pidana Anak.