Reconstructing Indonesia's Juvenile Justice Law to Strengthen Legal Protection for Children in Conflict with the Law: A Pancasila Justice Approach
Abstract
This study aims to analyze and identify regulations on legal protection for child criminals in Indonesia that are deemed unjust, examine their weaknesses, and formulate a regulatory reconstruction based on Pancasila's justice values. The research paradigm uses constructivism with a doctrinal legal research type and a normative juridical approach. Data were obtained through comprehensive literature studies and observations, then analyzed qualitatively using deductive logic. The results of the study indicate that although Indonesia has legal instruments such as Law No. 11 of 2012 concerning the Juvenile Criminal Justice System and Law No. 23 of 2002 concerning Child Protection, their implementation is not optimal. Handling of children in conflict with the law still tends to be repressive, not fully prioritizing the principle of restorative justice, and inconsistent with the best interests of the child. A gap was found between regulations and practice, weak coordination between law enforcement agencies, and minimal post-diversion supervision. Analysis of regulatory weaknesses using Lawrence M. Friedman's legal system theory shows that (1) the substance of the law is multi-interpretable and formalistic; (2) the legal structure is weak in coordination and provision of facilities; and (3) the legal culture does not yet support the interests of children. This disharmony causes the juvenile justice system to be unjust. Regulatory reconstruction is needed through strengthening restorative justice in Article 6 of Law No. 11 of 2012, the involvement of families and communities in the diversion process in Article 8, and strengthening the role of the state in ensuring the infrastructure for preventing and handling juvenile delinquency in Article 3. This reconstruction is expected to build a juvenile justice system that is more humane, holistic, and in accordance with the values of Pancasila justice.