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Box III
A new paradigm and a new mindset: Indonesia adopts new
legislation on restorative justicea
• The law is framed by the Convention on the Rights of the
Child and addresses children as offenders, as victims and
as witnesses of crimes.
• Status offences are decriminalized.
• The minimum age of criminal responsibility is raised from 8 to 12
and marital status no longer constitutes grounds for treating the
child as an adult.
• Children’s right to legal counsel and other assistance and to access
justice before an objective and impartial court and in closed
proceedings is recognized, as is the right to humane treatment and
freedom from torture and other inhuman, cruel and degrading
treatment or punishment.
• Protection of privacy and confidentiality of the child’s identity in
public media is guaranteed.
• Arrest, detention or imprisonment can be used only as a last resort
and for the shortest possible time.
• Only specialized personnel can handle cases of children involved
with the justice system.
• Police, prosecutors and judges are required to prioritize diversion
and restorative justice in cases of an offence punishable with a
sentence of imprisonment of up to a maximum of seven years and
when the child is not a recidivist.
• Legislation provides a variety of sentencing options, including
admonishment, non-institutional and institutional treatment, social
services, supervision and vocational training.
a
Law No. 11/2012 will enter into force in 2014.
53. The Bali meeting adopted important policy recommendations, highlighting the
following areas:
Legislation
• States should undertake a comprehensive legislative review to align relevant
domestic legislation, whether in statutory, customary or religious laws, with
human rights standards; in countries with plural legal systems, the supremacy
of legislation aligned with international human rights standards should be
explicitly recognized in the law to avert potential conflicts in legal
interpretation and implementation.
• Legislation should decriminalize status offences and survival behaviours and
include legal safeguards to protect the child’s best interests, and the child’s
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