THE NAME OF JUVENILE PERPETRATORS
That the name of juvenile perpetrators is not “defendant” but “children.” Children who are victims of crime are not called witness victims but “child
victims,” and children who are witnesses are called “child witnesses” in accordance with Article 1 point 3 in conjunction with Article 1 point 4 in conjunction with Article 1 point 5 Law No. 11 of 2012 concerning the Juvenile Criminal Justice System.
REGARDING THE MINIMUM CRIMINAL SANCTION OF PERPETRATORS OF JUVENILE CRIMES AND ORDINARY CRIMES WITH CHILDREN AS THE VICTIM
Whereas if the perpetrator is “a child,” then the minimum penalty provisions do not apply (Article 79, paragraph 3 of Law No. 11 of 2012).
Whereas if the perpetrator is an adult, while the victim is a child, then viewed casuistically, the Panel of Judges can impose a minimum sentence with special considerations, which are:
1)
There is a settlement and the building of harmonization of relations between the perpetrator/perpetrator’s family and the victim’s/victim’s family by not demanding each other anymore, even
if the perpetrator and victim are married or the act is done voluntarily. This does not apply if the act is committed by a father towards his biological/stepchildren or a teacher towards their students.
2)
Legal considerations must be seen from the juridical, philosophical, sociological, educative, preventive, corrective, repressive, and sense of justice aspects.
Source:
Book of Compilation of Formulations of Plenary Chamber Meetings, Supreme Court of the Republic of Indonesia, Registrar Office of the Supreme Court
of the Republic of Indonesia, 2019. Pages 6 and 7.
Best regards,
Fredrik J. Pinakunary