The Approval of Juvenile Court System Bill – a Gift for National Children’s Day 2012

The approval by the House of Representatives of Juvenile Court System Bill (JCS Bill) on Tuesday, July 3, 2012 is the first step toward creating laws that protect children’s rights. It guarantees children protection in the courts and will take into account the best interest of the child rather than merely being a vehicle for revenge of the wronged party.

In this JCS Law, we see some improvement in our state’s law system. With Restorative Justice now included in juvenile delinquency cases, the law will include the offender, the victim, the offender/victim’s family, and other people who may be involved; all to find the best solution. The goal is to restore things to the way they were, not revenge. Besides, this restorative justice approach can also lead to action from the public so they are willing to get involved in the settlement of juvenile delinquency.

This law does not focus on the child as a criminal – as is usual in such cases– but is more about educating the child to take responsibility for his/her own actions. What we need is a way to educate, to repair, and to restore conditions in order to develop people’s characters, for a better future.

In line with Restorative Justice, which is needed to settle the cases, Diversion (as explained in the new law) is also needed, especially for crimes with penalties under 7 years. Diversion is an important point to keep the child away from a grueling judicial process by diverting the case from juvenile court to a non-court process, as stated in Chapter 1, Section 7. Some key components of Diversion are explained in Chapter 8, Section 3:

1. Contemplating the victim’s interest
2. The child’s welfare and responsibility
3. Avoiding negative stigma
4. Avoiding revenge
5. Society’s harmony and norms
6. Decency and public order

This Law is not only related to Restorative Justice and Diversion, but also explains firmly the procedure and the time frame of arrest and captivity before the classification process. These steps are useful in order to prevent deprival of the child’s liberty. 

Beside the positive points we can see in the Juvenile Court System Law, there is still debate regarding the child’s age range. Even though there is improvement from the previous Law Number 3, made in 1997 about Juvenile Court which stated that the minimum age of a child who is considered to be responsible is 8 years old, the latest JCS Law raised the minimum age, it ranges from 12 to 18 years old as the age of a child considered to be responsible and 14 to 18 years old as the age of child who can be arrested. But this age range is considered not ideal based on children’s psychological development. Compare it to the data from UNICEF in 2005 about the minimum age of a child who can be taken to the court in some countries: Austria (14), Belgium (18), Denmark (15), England (10), Finland (15), France (13), Germany (14), Greece (12), Ireland (7), Italy (14), Luxembourg (18), Netherlands (12), North Ireland (8), Portugal (16), Scotland (8), Spain (16), Sweden (15).

So while it is a victory that the age has been raised from 8, there is still work to do. Overall, with the approval of this Law, it does not mean that the government now has perfect protection for juvenile delinquents. The government still has work to do to ensure that every juvenile delinquent gets legal aid. Many of these children ended up in jail because of minor crimes and they did not know that they had the right to legal counsel and to receive legal aid. 

The government must also prepare a special education system regarding the treatment of children to all law enforcement, like the police, attorneys, and judges. The government should also prepare specialized organizations that assist juvenile delinquents through the court process. We as civilians must also be active in criticizing the government of the JCS Law’s implementation because it will affect our nation’s future generation.

Happy National Children’s Day July 23, 2012!

Lana Teresa
Advocacy of Sahabat Anak

Sahabat Anak Jamboree XVI
Buper Ragunan, 7-8 July 2012

Not Afraid to Have a Say

In commemoration of National Children’s Day (23 July), Sahabat Anak once again held the Sahabat Anak Jamboree. The Jamboree is a two day, one night event which involves 1000 street children and 500 volunteer chaperones. This year the theme was “Share your Dreams”, in line with the United Nations Convention on the Rights of The Child (20th of November 1989) which state that childre have the right to participate and express their opinion.

For the last five months the staff and volunteers at Sahabat Anak have been busy preparing for the Jamboree, from choosing the dates, location, choosing a concept, contacting the areas who were invited, looking for 500 volunteers and fund raising to fulfill all the needed resources. Everything was prepared by the Organizing Team who willingly volunteered their time in the midst of their own personal lives. The organizing process went well thanks to everyone who helped distribute the vouchers, as one of our fund raising efforts, and contact sponsors. Every single detail was carefully thought of so that the children could thoroughly enjoy this meaningful two day experience.

Sahabat Anak Jamboree

SAHABAT ANAK activities began with the Street Children Jamboree (SCJ) in 1997. KDM Foundation (www.kdm.or.id), an organisation which had been serving street children since 1972, encouraged a number of volunteers consisting of college students, graduates and young professionals to become the organizing team of this event. The goal was simple, to commemorate National Children’s Day on the 23rd of July and care for street children. After that event, the volunteers organised a follow up event on Independence Day (17 August) and designed a special school for street children using the facilities at KDM’s boarding school in Pondok Gede.

The Jamboree turned out to be an effective way in reaching out to street children while also creating a safe environment to introduce them to members of society who really care for them. The volunteers quickly identified that there was a great need for marginalised communities and especially street children in Jakarta to be able to access education. Through education they would be able to boost their economic status and aim for a better future. It was at this time that the name of the Jamboree was changed from Street Children Jamboree to Sahabat Anak Jamboree (JSA) and became an annual event which created more follow up events.

Through the Jamboree the volunteers at Sahabat Anak are able to foster strong relationships with the children; this has helped Sahabat Anak identify the true needs of street children. Through our interactions with street children we aim to show them that they are special, that they are someone and that they can achieve their dreams. We are also able to teach them about basic hygiene (such as washing their hands, how to use soap and how to brush their teeth), manners, social norms and provide them with positive role models (the chaperones).

The Jamboree continues to give the children at Sahabat Anak the chance to have a weekend away from the streets and their problems. The children are given an opportunity to be children. To play, have fun and enjoy the simple things in life, such as climbing a tree or going to the zoo.

Recently one of the children approached Alles Saragi, the Operations Manager, and asked if the Jamboree could go for one week, instead of one weekend. When asked why, the child said, “Because I am tired of being on the street”. This demonstrates the respite that the Jamboree offers for children living on the street and in marginalised communities.

Given these activities, we expect the volunteers will build friendships with the marginalized children. Not only during the Jamboree, but a friendship that carries on after the event, regardless of social status, economics, education, race, color, or religion.

Main Objectives:

1. To commemorate National Children’s Day on July 23 for marginalized children in Jakarta and surrounding areas
2. To help children access their rights, through participation and by expressing their opinions, according to the UN Convention on the Right of a Child 1989, Article 13 and the Republic of Indonesia Law, section 10 Law No. 23 of 2002, in regards to Child Protection.
3. To promote the Sahabat Anak Movement. A movement that involves various parties (individuals, groups, families, corporations, media) to become FRIENDS of marginalized children.

Sahabat Anak Day 2012: Share Your Dreams!

“SHARE YOUR DREAMS!”

Children’s Participation

A child is defined under the Indonesian Law, UU No. 23 2002 Chapter 1, as a citizen of Indonesia under the age of 18 and it also includes a child in the mother’s womb. A child is a gift and blessing from God who needs to be protected, valued by their parents, country and nation and who will be the future leaders of this nation.