Issue No.2 (Desember 2014)

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1 Issue No.2 (Desember 2014) This edition of ICLaD will discuss the implementation of Law No. 11 of 2012 on Juvenile Justice System (Sistem Peradilan Pidana Anak). A law that is projected as a regulation that upholds the right of children and adopts certain principles stated in the Convention on the Right of the Children. The Juvenile Justice Law has been considered as a progressive movement on legal aspect towards the protection of right of children in Indonesia and set a whole new level of juvenile justice system. However, despite its positive responds, the Juvenile Justice Law is still subject to several strong criticisms. One of the criticisms is arisen due to the lack of control on the implementation of forceful measures. To a certain extent, the Juvenile Justice Law is still practicing the basic principle of Law No. 8 of 1981 on Criminal Procedural Law (KUHAP 1981). Hence, it is become apparent that the Juvenile Justice Law inherits the defect on human rights protection aspect since its being in force. After all, the KUHAP 1981 has been acknowledged as a legislation product with poor human rights protection principle, especially on provisions that are related to the authority of law enforcer and insufficiency of control on forceful measures. Apart from the defect, the Juvenile Justice Law was drafted without a proper preparation. The Institute for Criminal Justice Reform (ICJR) noted that the government has responsibility to formulate six subject matters in the form of Government Regulation and two subject matters in the form of Presidential Regulation. Unfortunately, the government shows a significant slow respond. The Government was eventually took serious action in formulating those subject matters after the Juvenile Justice Law is effectively enforced on 30 July Practically, the government had two years prior the Juvenile Justice Law is enforced that should have been used effective to prepare necessary actions. During the discussion of Draft Bill on Juvenile Criminal Justice, many criticisms and issues were arose on the lack of public disclosure when drafting provision on diversion, access to legal aid, development of non-custodial measures program, juvenile case registration, form and procedure in imposing criminal punishment, as well as the Provisions on the form and procedures of non-custodial measures We hope that this ICLaD will picture the expectation attached by public to the new Juvenile Justice Law. Enjoy reading Ifdhal Kasim Editor in Chief

2 SPPA Law: The Unexpected Failure The regulatory framework on juvenile justice system came into the radar when the Ministry of Women Empowerment and Children Protection proposed the Draft Bill on Juvenile Justice System ( Draft Bill ) on April After a year of discussion and debate, the Draft Bill was finally passed by the House of Representatives ( House ) on 2 July 2012 as a Bill, and consequently repealing and replacing Law No. 3 of 1997 on Children Court ( 1997 Law ). 1 The Bill, was signed by the President on 30 July 2012 and registered as Law No. 11 of 2012 on Juvenile Justice System (Sistem Peradilan Pidana Anak SPPA Law ). 2 Even though it was passed on 2012, the SPPA Law did not come into force immediately, as the transitional rule of the SPPA Law stipulates that it will fully enter into force on 30 July 2014, or 2 years after it was passed and enacted. When President Susilo Bambang Yudhoyono signed the SPPA Law, Minister of Law and Human Rights Amir Syamsuddin said that it is a proof that Indonesia has made a progress on child protection, considering Indonesia has ratified the Convention on the Rights of the Child. It is evident from the SPPA Law s provisions that encourage non-litigation measures, and stipulates that criminal sanction is not necessarily mean a punishment. 3 Therefore, the SPPA Law is an important piece of legislation for the judicial system reform in terms of creating a system that prioritizes children rights protection. The SPPA Law incorporates several important provisions, among others: 4 1. The philosophical foundation of juvenile justice system is shifted from retributive into restorative 2. The definition of child, which was previously elaborated as the perpetrator, now also covers children that are in contact with the law (anak berhadapan dengan hukum ABH ), which includes the perpetrator, victim, and witness 3. The age limit is changed from 8-18 years old to years old, and it will not be affected by the marriage status 4. Deletion of the following categories: criminal child (anak pidana), state child (anak negara), and civil child (anak sipil) 5. Diversion measure within the judicial process 6. Stipulating the rights of child perpetrator, victim, and witness 7. The limitation on deprivation of liberty, which is now a measure of the last resort, with shorter period of time and the age of limiation at 14 years old (maximum) 8. Reinforcement of the role of correctional facility officer (LP) and social workers 9. Mandatory legal aid 10. The placement of perpetrator at LPAS (Lembaga Penempatan Anak Sementara), LPKA (Lembaga Pembinaan Khusus Anak), and LPKS (Lembaga Penyelenggara Kesejahteraan Sosial) 11. Criminalization and Witness 12. The placement of victim at relevant institutions.

3 The SPPA Law incorporates provisions for the law enforcement officials so that the children do not have to undergo the criminal proceeding. This is a consequence from restorative justice paradigm adopted by the SPPA Law, in which a process called diversion will be conducted so that children will not undergo the formal judicial proceeding, and making punishment as the ultimum remedium. 5 Nevertheless, there are several issues that must be addressed in order to assure that the diversion is well-implemented. intended to be used for perpetrators of serious crimes such as manslaughter, rape, drug abuse, and terrorism that are subject to 7 years of imprisonment. Regarding this article, the term serious crime is not acknowledged under the Indonesian criminal law. The Indonesian Criminal Code (KUHP) does not categorize this type of crime, nor does other laws. Therefore, it is possible that the law enforcement officials may broaden the definition of this term. 6 There is a dilemma in limiting diversion, where it only applies to crime that subject to less than 7 years of imprisonment The first issue is that the diversion under the SPPA Law is always related to the settlement model between the perpetrator and the victim. Article 9 (2) of the SPPA Law states that Diversion Settlement must be approved by the victim and/or the family of the victim. Therefore, the implementation of diversion under Article 9 (2) of the SPPA Law relies on the victim s approval. Consequently, the best interest for the children principle is no longer prioritized. The second issue is in regards to Article 9 (1) of the SPPA Law, which states that investigators, prosecutors, and judges must consider several requirements in executing diversion. The Elucidation of the said article states that Diversion is not Additionally, there is a dilemma in limiting diversion, where it only applies to crime that subject to less than 7 years of imprisonment. This provision, consequently, limits the diversion opportunity for children. Based on the data collected by ICJR, theft is the most frequent misdemeanor committed by the children. This crime is stipulated under Article 363 (1) of the KUHP, which is always used by the public prosecutor and this article allows the prosecutor to indict the perpetrator with 7 years of imprisonment (maximum). 7 Therefore, if diversion may only be conducted for crimes that are subject to less than 7 years of imprisonment, then there will be more children that will not get diversion.

4 The third issue is in regards to diversion that cannot be conducted to children that repeating the same crime. 8 It is a clear inconsistency if the main purpose of diversion is to prevent children from judicial process, to achieve restorative justice, and to educate the children, but it cannot be conducted for those who repeating the crime. The fourth issue is regarding the diversion that may be conducted without the victim s approval, must be clearly regulated under the SPPA Law s implementing regulation, at the level of government regulation (PP SPPA). The most important aspect of the diversion without the victim s approval must be strengthened under PP SPPA. Diversion, which aims to prevent children from the burden of undergoing judicial process, will have greater impact especially for Diversion without the victim s approval under the SPPA Law, namey for violation, petty crime, or the loss is not greater than the local minimum wage. 9 Deprivation of liberty is one of the most highlighted issues under the Convention on the Rights of the Child. Article 37 of Convention on the Rights of the Child states that No child shall be deprived of his or her liberty unlawfully or arbitrarily, and the arrest, detention or imprisonment of a child shall be in conformity with the law. The problem lies under the arrest and detention under the SPPA Law, which stipulates new provisions that set aside KUHAP s provisions, but on the other hand fail to stipulate basic provisions such as the requirements of deprivation of liberty as stated under KUHAP. For example, the SPPA Law does not stipulate the authority to arrest. The most significant change is evident from the elucidation of the time limit 24 hours under Article 30 (1) of the SPPA Law, which is calculated based on working hours. In addition, the placement of children in specific area, or if there is no such facility, the children may be placed at LPKS. 10 Nevertheless, the SPPA Law is yet to resolve the basic problem regarding an arrest under KUHAP, which is what can be considered as sufficient preliminary evidence. One of the most basic issue regarding an arrest is the term sufficient preliminary evidence, which is the ground for the investigator to arrest a person. 11 In regards to determination of a suspect and sufficient preliminary evidence, the SPPA Law does not resolve the problem under KUHAP. As a result, it leads to legal uncertainty and gives problem in interpreting sufficient preliminary evidence, as it is the discretion of investigator. 12 About ICLaD Indonesia Criminal Law Digest (ICLaD) is a new feature from Institute for Criminal Justice Reform. ICLaD is presented by the ICJR as one of the instrument and communication medium to inform the recent development on criminal law and criminal justice system reforms in Indonesia.

5 In terms of detention, the basis for a detention, covering legal ground, condition, and requirements that allow law enforcers to conduct a detention. These aspects are supporting each other, and if one does not exist, a detention will not satisfy the legality principle. 13 Pursuant to KUHAP, there are three elements for the ground of detention. The first one is legal element, or legal ground, as the law has determined which articles that are subject to detention. Article 21 (4) of KUHAP stated that a detention may only be exercised against a suspect or defendant that committing a crime that is subject to five years of imprisonment or more. In addition, a detention may also be imposed against a perpetrator that is specifically stated under KUHP and other special crimes, even though the punishment is less than five years. It can be conducted based on the consideration that the crime is affecting the public order, and threatening the safety of the general public. Crimes that fall under this category can be found under KUHP and other laws. 14 For the legal ground, the SPPA Law sets out limits for detention against a child. Article 32 (2) of the SPPA Law states that a detention is allowed for a child that already reached 14 years of age or more, or is allegedly accused for a crime that is subject to 7 years of imprisonment or more. The next element is the necessity element, which highlights the current situation or the necessity of a detention is conducted, based on the condition of a suspect or defendant. This element is assessed based on the investigator s subjectivity, but must be able to be tested in an objective way. The situation or necessity can be found under Article 21 (1), which states the concerning situation in which: (1) the accused or defendant will escape; (2) damaging or disappearing evidences; and (3) repeating a crime. 15 The official that evaluate those concerning situation will use their subjectivity, while at the same time see the current objective aspects. There are, however, some indicators that may be used to see the subjective aspects, namely: 16 The possibility to escape can be seen from the mobility of a suspect, profession and occupation of a suspect, family support to escape, and if the suspect has no permanent domicile. Damaging or disappearing evidences, can be seen from how much (percentage) of evidences that obtained by the investigator. It can also be seen if the evidences are minimal, and there is a possibility to disappearing the evidences. Or seeing the condition or support for the suspect, to make evidences disappear, including to threat key witnesses. Jl. Cempaka No 4, Pasar Minggu, Jakarta Selatan Jakarta Indonesia

6 Detention against a child cannot be executed if the child is guaranteed by the parents/legal guardian and/or other institution, that the child will not escape, disappearing or damaging evidences, and/or repeating the crime. SPPA Law Article 32 (1) The concerning situation repeating a crime can be seen from suspect s criminal record, victim s condition, and the type of crime, whether it is rape, manslaughter, drug abuse, and terrorism, then there is a priority for detention. 17 Furthermore, the SPPA Law does not give new definition or provision regarding the necessity element. Pursuant to Article 32 of the SPPA Law, it only stipulates the legal element, 18 and the SPPA Law does not discuss the necessity element. This will lead to a possibility that a child as the suspect will be easily detained. The SPPA Law, in fact, stipulating new provision under Article 32 (1), which states that Detention against a child cannot be executed if the child is guaranteed by the parents/legal guardian and/or other institution, that the child will not escape, disappearing or damaging evidences, and/or repeating the crime. This article leads to a serious problem, as personal guarantee or bail is a part of detention postponement, and not a requirement for a detention or not. As a consequence, the complaint mechanism against a detention, which is the detention requirement, will only be based on the formal requirement on whether or not there is a guarantee letter or detention warrant, no longer the urgency to conduct a detention. The Constitutional Court Decision No. 018/PUU-IV/2006 reviewing Article 21 (1) of KUHAP, states that Pretrial hearing (Praperadilan) regulated under Article 77 KUHAP that is established to evaluate the legality of a detention, should not merely assess the formal or administrative aspect of a detention, but also the more important aspect, which is the rationale behind a detention. The decision must be understood as a reference that pretrial is a process to assure law enforcement to achieve justice, not merely formal or procedural aspect. It must be highlighted that detention requirements under Article 21 (1) of KUHAP are different with the requirements for an arrest, in which the evidence is the distinctive factor. 19 An arrest can be conducted if there is a sufficient preliminary evidence, while detention needs sufficient evidence. In other words, the quality of evidence for a detention is higher than for an arrest. 20 The SPPA Law does not give more explanation on sufficient evidence, and therefore detention is not fully solved under the SPPA Law.

7 There are at least two concerning issues under the SPPA Law regarding oversight and complaint mechanism against coercive action, both against arrest and detention. The first issue is in regards to Article 9 of the International Covenant on Civil and Political Rights (ICCPR) and complaint mechanism that must be established as an institution. Both of these problems are not incorporated under the SPPA Law, and Article 16 of the SPPA Law legitimizes the use of KUHAP, and SPPA Law s power to protect the children is questionable. Pursuant to Article 9 of the ICCPR, when an investigator conducting an arrest, then he must bring the suspect promptly to the judge that has the power to detain. In broader term, promptly is defined as 2x24 hours or a couple of days. 21 No single provision under the SPPA Law that refers to this provision. Meanwhile, the mechanism to oversee coercive action, arrest, and detention under the SPPA Law still referring to KUHAP. Pursuant to Article 37 (d) of the Convention on the Rights of the Child, a child that undergo deprivation of liberty is entitled to question the legality of such action before the court or other independent and impartial officer, and he is also entitled to obtain the decision regarding the deprivation of liberty. However, this is not clearly stated under the SPPA law, and the only complaint mechanism and oversight against the coercive action, arrest, and detention, is through the pretrial hearing. In a glimpse, pretrial hearing has the power to protect the interest of a minor suspect and defendant. However, based on ICJR s research, pretrial is not the most effective institution to be used as a complaint mechanism against a arrest and detention. 22 Pretrial proceedings are more emphasizing on procedural paradigm from the judge, and consequently, the pretrial decisions do not reflect the essence of a pretrial. It must be noted that the idea of establishing a pretrial hearing is to assure the protection for the citizens that undergo deprivation of liberty. 23 In addition to basic problems regarding pretrial, the reality in regards to pretrial proceedings are not in accordance with the SPPA Law. In general, from 80 cases observed by ICJR, only 4 cases that are decided within the 1-7 days timeframe, while most of the pretrial cases are decided more than 7 days. In details, cases that are decided in 8-14 days are 16 cases; days, 35 cases; days, 15 cases; days, 7 cases; and days, 3 cases. 24 The duration of detention against a child during investigation phase with maximal extension is 15 days, while during prosecution is 10 days. This means that pretrial petition can be filed within 25 days from the start of the detention. 25 Seeing from the timeframe of submitting a pretrial petition under the SPPA Law, and compared it with the reality in pretrial proceedings, there will be a serious problem in terms of handling pretrial for child cases. This work is licensed under a Creative Commons Attribution 4.0 International License

8 In addition, the availability of lawyers also affecting the use of pretrial mechanism. It is evident from the 80 observed cases. Seventy seven cases are using legal counsels, while only 3 of them that are not. 26 Based on this fact, the lawyer s availability problem, 27 will also affect in the implementation of the SPPA Law. It can be interpreted that the coercive action authority from the law enforcers are not accompanied with proper oversight and complaint mechanism, and the SPPA Law does not prioritize child s interest in terms of deprivation of liberty. The 1997 Law obliges all parties to be present during the judicial proceedings. Article 55 of the 1997 Law stated that, For cases fall under Article 1 (2), the prosecutor, legal counsel, social advisor, parents, guardian, and witnesses, must be present during the judicial proceeding. 28 The SPPA Law also gives the same explanation in this matter, by elaborating the responsibility of the parents, legal guardian, social advisor, legal counsel, professional social worker, and social welfare worker. Specific to legal aid in every stages, a child must have the legal aid and accompanied by the social advisor or other advisor pursuant to the laws and regulations. 29 However, as stated under the elucidation of Article 56 (1) of KUHAP, the appointment of a lawyer will be adjusted with the situation of the availability of lawyers, and it will be noted as the SPPA Law does not state this exception. The SPPA Law states that the judge, during the judicial proceeding, must order the parents/legal guardian, legal counsel, and social advisor to accompany the child. 30 If he parents/legal guardian is not present, the judicial proceeding will be continued with the presence of the legal counsel and social advisor. 31 Two aspects must be noted regarding the abovementioned provision. Firstly, the presence of parents/legal guardian is optional, and without which the judicial proceeding can be continued. Secondly, the presence of legal counsel can be replaced by social advisor. In other words, there is contradiction under the SPPA Law, as the presence of a legal counsel is mandatory, but it can be replaced by the social advisor. Based on the current practice, ICJR sees that half of the children are escorted with their family. 32 The provision that gives a burden to the social advisor is the reason why accompaniment from the social advisor is more active, where 70 percent of the cases are accompanied by the social advisor. 33 At present, the quality of the lawyers is under the spotlight, as Indonesia is focused on the availability of lawyers. Fact also shows that the number of lawyers in child cases is very limited. 34 Meanwhile, from the defense side, there are many cases in which the legal counsels are not delivering proper defense. 35

9 The minimal access to legal aid is also a serious problem. Based on the research conducted by non-governmental organizations regarding the Legal Aid Law, there are 310 registered legal aid organizations, with a potential cases that can be handled using the legal aid scheme in a year. 36 Based on the Directorate General of Corrections, the number of convicted and detainees in Indonesia reached individuals. From that number, are detainees, with 148 children detainees, and detainees that yet to obtain legal aid. This data is coming from 23 provinces, and the actual number could be greater. 37 Referring to the data, legal assistance for children is also becoming problematic. Pursuant to the abovementioned data and facts, a more serious problem lies on the quality of lawyers/legal counsel. The SPPA Law has underlined this problem, by incorporating the provision that a child is entitled to legal aid and any other effective aid. 38 The word effective means that it is related to the quality of the lawyer s defense. However, the obligation to provide optimum defense is not regulated under the SPPA Law. The provisions that are not too different between the 1997 Law and the SPPA Law will not change the data that much. The obligation to accompany a child perpetrator during the judicial proceeding (both under the 1997 Law and the SPPA Law), is not strong when there are so much exceptions under the law. There is hope under the SPPA Law, in which the obligation to accompany a child that must be satisfied by the law enforcers, otherwise the whole process will be null and void. 39

10 Notes 1 Hukumonline.com, Presiden Sahkan UU SPPA, 2b5a2e76ef3/presiden-sahkan-uu-sppa 2 ibid 7 Erasmus Napitupulu and Sufriadi Pinim, Studi Atas Praktik-Praktik Peradilan Anak di Jakarta, ICJR, Jakarta, 2013, p Article 7 (2) (b), SPPA Law. 9 Article 9 (2), SPPA Law. 3 Vivanews, 8 Isu Krusial dalam UU Sistem Peradilan Anak, isu-krusial-di-uu-sistem-peradilan-anak 4 Ibid 10 Article 30 (2) and (3), SPPA Law. 11 Supriyadi W. Eddyono, Komentar Atas Pengaturan Penangkapan Dalam Rancangan Kuhap, ICJR, Jakarta, 2013, pg Ibid. 5 Hukumonline.com, Revisi UU Perlindungan Anak Kedepankan Diversi, a394c5b732f/revisi-uu-perlindungan-anakkedepankan-diversi 6 One of the challenges in diversion is related to drug abuse case. For drug users, it has been regulated under the Supreme Court Circular Letter No. 4 of 2010 and No. 3 of 2011, they are considered as victims and not perpetrator. However, law enforcers are often using Article 111 and 111 of the Narcotics Law that separate the category possessing, owning, and storing narcotics. Consequently, many narcotic users are subject to 7 years of imprisonment, and categorized as serious crime. Based on the research conducted by ICJR and the Institute for Study and Advocacy for Judicial Independence (LeIP), the implementation of Supreme Court Decisions during 2012 from 37 cases, Article 112 (1) of the Narcotics Law is the most used provisions, followed by Article 111 (1) and Article Supriyadi W. Eddyono, et.al, Praperadilan di Indonesia : Teori, Sejarah dan Praktiknya, ICJR, Jakarta, 2013, pg As stated under Articles 282 (3), 296, 335 (1), 351 (1), 353 (1), 372, 378, 379 a, 453, 454, 455, 459, 480 and 506 of KUHP; Articles 25 and 26 of Rechtenordonantie (lastly amend by Staatsblad No. 471 of 1931); Articles 1, 2, and 4 of Immigration Crime Law (Law No. 8 Drt/1955); Articles 36 (7), 41, 42, 43, 47 and 48 of Law No. 9 of 1976 on Narcotics. Law No. 6 of 2011 on Immigration under Article 109, suspect or defendant that committing immigration crime under Articles 118, 119, 120, 121, 122, 123, 126, 127, 128, 129, 131,132, 133 (b), 134 (b), and 135 may be detained. 15 Supriyadi W. Eddyono, et.al, Praperadilan di Indonesia... op. cit., pg Ibid 17 Ibid This work is licensed under a Creative Commons Attribution 4.0 International License

11 18 Article 32 (3) of the SPPA Law states: Detention requirements under sub-paragraph (2) must be explicitly stated under the detention warrant 19 Supriyadi W. Eddyono, et.al, Praperadilan di Indonesia... Op. Cit., pg Ibid 21 Ibid, pg. 96. See also the 2012 RKUHAP Academic Draft, pg. 14. Stephen C. Thaman says that promptly must be construed as 2 X 24 hours or a couple of days, except for terrorism. Similar argument also proposed by Schaffmeister and N. Keijzer on November From 80 cases that are analyzed, only two of them that are granted. See Supriyadi W. Eddyono, et.al., Praperadilan di Indonesia... Op. Cit., pg Ibid 24 Ibid, pg Erasmus Napitupulu and Sudriadi Pinim, Studi Atas Praktik-Praktik... Op. Cit, pg Supriyadi W. Eddyono, et.al, Praperadilan di Indonesia... Op. Cit., pg See No. 5, regarding Accompaniment, Access to Lawyers, and Minimum Legal Aid. 28 Article 1 (2) of the 1997 Law States that: Delinquent Children are: a. Children who committing a crime; or b. Children who committing an action that is prohibited for Children, as stipulated under the laws and regulations or the living law of the respective society. 29 Article 23, SPPA Law. 30 Article 55 (1), SPPA Law. 31 Article 55 (2), SPPA Law 32 Erasmus Napitupulu and Sudriadi Pinim, Studi Atas Praktik-Praktik... Op. Cit., pg. 32. From 115 cases, only 63 of them that are accompanied by their family and 52 of them are not. 33 Ibid. From 115 cases, 83 of them are accompanied by the Social Advisor, 32 cases are not. This work is licensed under a Creative Commons Attribution 4.0 International License

12 34 Ibid, pg. 35. From 68 cases, only 1 of them in which the legal counsel file a reply to the prosecutor s conviction. 35 Ibid, pg From the defense side, out of 68 cases, there are 22 cases in which the legal counsel are not giving any defense. It is also clear from the decision, stating that none or the legal counsel did no file a defense, or the defense was done by the Child himself. If there are 22 cases in which no legal counsel filed the defense, there are 46 cases in which the legal counsel file a defense, with verbal defense dominating (27 cases), compared to written defense (19 cases). 36 Kontras, et.al., Bantuan Hukum Masih Sulit Diakses : Hasil Pemantauan Di Lima Provinsi Terkait Pelaksanaan Undang-Undang No. 16 Tahun 2011 Tentang Bantuan Hukum, KontraS, PSHK dan AIPJ, Jakarta, Available at 20Masih%20Sulit%20Diakses%20 .pdf 37 Ibid 38 Article 3 (c), SPPA Law 39 For instance, under Article 40 (2) of the SPPA Law, under the condition that the official si not notifying the Child and his parents/legal guardian on right to legal aid, the arrest or detention will be null and void. This work is licensed under a Creative Commons Attribution 4.0 International License

13 SPPA Government Regulation Draft: Some Critical Issues When Law No. 11 of 2012 on Juvenile Justice System (SPPA Law) was passed on 30 July 2012, the government has homework to do. ICJR has noted that the government must issue six governmental regulations (peraturan pemerintah PP), and 2 presidential regulations (peraturan presiden Perpres) to implement the SPPA Law. However, the government s response is too slow. The said implementing regulations just about to be drafted near 30 July 2014, when the SPPA Law entered into force. The two years transitional period that should be used effectively, is not optimized by the government. From the formal perspective, there is nothing wrong with it, as the government still has another year until 31 July 2015 to finish all technical regulation. However, the implementation of the SPPA Law will be more difficult if the necessary technical regulations are not in existence to assure the protection for the rights of children in contact with the law (anak-anak yang berhadapan dengan hukum ABH). The government is obliged under the SPPA Law to issue six governmental regulations and two presidential regulations. Until November 2014, the related implementing regulations are yet to be issued. In 2013, the Ministry of Law and Human Rights, as well as the Ministry of Women Empowerment and Children Protection, has initiated the early draft of the necessary PP and Perpres through the Committee of Inter-Ministry and non-ministry. 1 The Draft PP on SPPA Law Implementing Regulation (RPP SPPA). The latest accessible version of RPP SPPA is dated 9 May 2014, covering 164 articles in 10 chapters, incorporating Diversion, Requirements and Procedures In Decision-Making Process and Educational Development and Assistance Program; Guidelines for Registering Cases; Forms and Procedures in Imposing Punishment; Forms and Procedures to Impose Non-Custodial Measures; and Coordination, Monitoring, Evaluation, and Reporting. The question remains, how far RPP SPPA can accommodate the provisions under SPPA Law, so that the SPPA Law can be well-implemented.

14 No. SPPA Law Implementing Regulations 1. Article 15 PP on the guidelines for the process, procedures, and coordination of Diversion 2. Article 21 (6) PP on the requirements and procedures of decisionmaking process, as well as educational program, development, and assitance for children under 12 years of age who committing crime. 3. Article 25 (2) PP on the guidelines to register cases 4. Article 71 (5) PP on the form and procedures of punishment. 5. Article 82 (4) PP on Non-Custodial Measures that may be imposed to childred. 6. Article 94 (4) PP on the procedures of coordiation, oversight, evaluation, and reporting. 7. Article 90 (2) Perpres on the Victim and Witness Rights 8. Article 92 (4) Perpres on the integrated education and training for law enforcers and related parties About ICJR Reformation of law and criminal justice system towards a democratic direction is one of the crucial issues faced by Indonesia during the current transition era. Institute for Criminal Justice Reform (ICJR), having established in 2007, commits to take the initiative to support measures in realizing the proposed reformation. ICJR is formed with an exclusive mission to support collective actions in honoring the Rule of Law and realizing criminal justice system with strong human rights protection character.

15 1. Lack of Participation under RPP SPPA The Ministry of Law and Human Rights, as well as the Ministry of Women Empowerment and Children Protection, has initiated the early draft of the necessary PP and Perpres through the Committee of Inter-Ministry and non-ministry in The government even continued the process in drafting RPP SPPA during 2014 supported by the Indonesian Commission for Child Protection (Komisi Perlindungan Anak Indonesia KPAI). Even though there were initiative from non-governmental organizations that giving inputs and recommendation to the Government, 3 the discussion process still not publicly open and did not invite the participation from other related stakeholders, including the society. The government did not announce any official publication regarding RPP SPPA to obtain inputs from the public. From the available sources, there are two version of RPP SPPA that currently discussed: the whole integrated draft and separated RPP SPPA. 4 The sources also said that RPP SPPA has actually been finalized and about to be signed by President Susilo Bambang Yudhoyono before his term ends. However, due to pros and cons and many debates, RPP SPPA is failed to be finished.

16 2. General Content of RPP SPPA RPP SPPA 5 that is currently discussed by the government consists of 164 articles, divided into 10 chapters. Chapter I stipulates general provisions, while Chapter II and the following chapters stipulate Guidelines for Diversion; Requirements and Procedures for Decision-Making Process as well as Educational, Development, and Assistance Program; Guidelines in Registering Cases; Forms and Procedures in Imposing Punishment; Forms and Procedures in Imposing Non-Custodial Measures; Coordination, Monitoring, Evaluation, and Reporting; Funding; Transitional Rules; and Chapter X about the Conclusion. The SPPA Law does not stipulate how many RPP SPPA that must be issued, but only stating that RPP SPPA must regulate 6 topics. The government chose to integrate the whole topics into a single RPP SPPA, so that all topics will be related and harmonized. This is the basis of government argumentation to integrate the topics into a single RPP SPPA. No. CHAPTER TOPICS ARTICLES 1. Chapter I General Provisions Article 1 2. Chapter II Guidelines in Implementing Diversion Process Articles Chapter III Requirements and Procedures in Decision- Making Process, as well as Educational, Development, and Assistance Program Articles Chapter IV Guidelines for Registering Cases Articles Chapter V Forms and Procedures in Imposing Punishment Articles Chapter VI Forms and Procedures in Imposing Non- Custodial Measures 7. Chapter VII 8. Chapter VIII Articles Funding Articles Coordination, Monitoring, Evaluation, and Reporting Article Chapter IX Transitional Rules Article Chapter X Closing Provisions Pasal 159 Pasal 164

17 3. The Concept of Diversion for Child s Interest is not Proportional Editor in Chief: Ifdhal Kasim Managing Editor Anggara Wahyudi Djafar Editorial Board: Adiani Viviana Adi Condro Bawono Anggara Erasmus A.T. Napitupulu Indriaswati D. Saptaningrum Robert Sidauruk Sriyana Supriyadi W. Eddyono Syahrial M. Wiryawan Wahyudi Djafar Wahyu Wagiman Zainal Abidin The SPPA Law has incorporated the purpose of Diversion, and being restated under RPP SPPA. Diversion aims to: 6 reaching settlement between the victim and the Child; out-of-court settlement; preventing the Child from deprivation of liberty; encouraging the public to participate; and to put responsibility to the Child. Provisions on the purpose of Diversion will affect the basis and respective framework, and will also affect the direction of further technical regulation. The United Nations Standard Minimum Rules for the Administration of Juvenile Justice (The Beijing Rules), United Nations Resolution 40/33, dated 29 November 1985, paragraph gives the authority to the law enforcers so that they will handle the cases involving children without having to undergo judicial process at the court. This authorization aims to transfer the cases involving children outside the court, as the main objective of Diversion is protecting the child from punishment and other negative impact from the formal judicial process. 8 In broader scope, which is the Juvenile Justice System (SPPA), Paragraph 5.1 of the Beijing Rules, 9 states that the child s well-being is the main issue. While the next issue is to proportionally put the process, not merely highlighting the violation committed, but also the personal situation of the child. The Proportionality Principle will test on how significant the bargaining position of a child under the SPPA, particularly regarding the Diversion process. The Diversion process is organized amicable, with the involvement of the Child and his parents/legal guardian, victims, or child victim and/or his parents/legal guardian, correctional officer (Pembimbing Kemasyarakatan Bimas), and professional social worker, using the restorative justice approach. 10 Furthermore, Article 4 (2) states that the amicable process may involve the social welfare worker and/or the public. Diversion must consider the interest of the victim or child victim, child s well-being and responsibility, preventing negative stigma, preventing revenge, society s harmony, and public order. 11 To put the child and victim under such situation shows that the design of Diversion process under RPP SPPA does not provide proportionality between the child and victims, in which the State fully delegate the decision regarding Diversion to the negotiation process.

18 4. Diversion Requirements Do Not Consider Judicial Practice Article 3 (1) of the RPP SPPA stated that investigators, prosecutors, and judges are obliged to prioritize the Diversion process in handling cases involving child. The Diversion is conducted for the following crimes: 12 a. Subject to imprisonment less than 7 years; and b. Not a crime that has been committed previously. The categorization of crimes under RPP SPPA is just restating Article 7 (2) of the SPPA Law. The RPP SPPA does not answer the question regarding how about a child who is convicted of committing a crime subject to less than 7 years of imprisonment, covering subsidiary, alternative, accumulative, and combination conviction? RPP SPPA must refer to Supreme Court Regulation on Diversion, which allows a broader Diversion. 13 An example is evident from narcotic cases. Indictment for narcotic users is using subsidiary, alternative, cumulative, and combination between Articles of the Narcotics Law 14 with Article 127 (1) of the Narcotics Law. 15 The tendency in using Articles of the Narcotics Law and 127 (1) of the same law that is combined, will affect the decision to use Diversion if both articles are imposed to the child. 16 Article 127 (1) of the Narcotics Law satisfies the Diversion requirements, however Articles of the Narcotics Law does not. This must be stipulated further under RPP SPPA. This work is licensed under a Creative Commons Attribution 4.0 International License

19 5. Problematic Issues in the Diversion without Victim s Approval The most crucial point from Diversion, which is preventing a child from judicial proceeding at the court, will be more evident from Diversion without victim s approval under the SPPA Law. 17 This is allowed for violations, petty crimes, victimless crime, or the value of the victim s loss does not exceed the local provincial minimum wage. 18 RPP SPPA also incorporates Diversion without victim s approval. However, the provisions do not solve the questions arised from the SPPA Law. Provision regarding Diversion without victim s approval is only incorporated on three articles under RPP SPPA. 19 Diversion without victim s approval will only be organize during investigation. 20 The first question arises when there is a problem during indictment state, and the indictment becomes broader and not merely consists of crime that may fall under Diversion without victim s approval, but also combining or indicting with the crime that is not subject to Diversion without victim s approval. RPP SPPA does not stipulate these technical issues. If the Diversion fails, how the case will be handled? If the Diversion fails, how the case will be handled? Article 13 of the SPPA Law states that the judicial proceeding will be continued if the Diversion fails to reach a settlement, or the settlement is not executed. It will be problematic when the SPPA Law or RPP SPPA are not stipulating the follow up mechanism for Diversion without victim s approval. This is evident from the Supreme Court Regulation on Diversion that merely stipulate Diversion during judicial proceeding, and does not stipulate the Diversion without victim s approval. 21 RPP SPPA does not provide detailed mechanism in determining crimes that subject to Diversion without victim s approval, specifically for the crime causing loss that does not exceed the local provincial minimum wage. Previously, the same topic has been regulated under the Supreme Court Regulation No. 2 of 2012 on Settlement of Petty Crimes and Fines under KUHAP, and it must be included under RPP SPPA, so that the investigator during the early stage of investigation may report the statement on how much the loss suffered by the victim. The provisions under RPP SPPA must also in conform with Supreme Court Regulation No. 2 of 2012 regarding the value of loss suffered by the victim, in which the provision under RPP SPPA may not causing losses to the child in region that has lower minimum wage than what is stipulated under Supreme Court Regulation No. 2 of 2012.

20 6. Access to Lawyers are Not Prioritized Lawyers are the important part under SPPA. The SPPA Law gives clear order regarding accompaniment for ABH, by stating that the person that accompany a child during the judicial process is someone who can be trusted. 22 One of the persons is lawyer or other legal counsels. 23 Even before the examination, i.e. during arrest and detention for the examination, the Official that execute arrest or detention must notify to the Child and parents/legal guardian about the right to legal aid. 24 If the official fails to notify, the arrest or detention will be null and void. 25 Specific to legal aid, a Child is entitled to legal aid at every stage of examination, being accompanied by the Corrections Officer or other person according to laws and regulations. 26 A proper provision under the SPPA Law, then degraded/implemented by RPP SPPA on Diversion process. Article 13 (3) states that the Diversion involves the investigator, child and his parents/legal guardian, victims and his parents/legal guardian, Bimas, and professional social worker. Lawyer or legal counsel may be involved if necessary. 27 The use of term if necessary is a degradation of urgency and a form of limiting the rights of child in accessing legal assistance. The follow up problem is who will evaluate the if necessary aspect. It is possible that RPP SPPA violate the rights of children. 7. Indonesian criminal law does not acknowledge serious crimes Article 119 (1) of the RPP SPPA states that imprisonment will be imposed if the child committed serious crime, or a violent crime. The term serious crime must be elaborated, as Indonesian criminal law does not acknowledge such crime. In some other countries, a crime that makes a child must undergo formal judicial proceeding is a crime that causing death or severe injury. 28

21 8. Unclear Provision on Public Research (Penelitian Masyarakat Litmas) Litmas under the SPPA Law has an important role, as it will inform the personal condition of a child, his relationship with the family, environment, and other topics. Litmas has the important role to influence the decision rendered by the judge. 29 Under RPP SPPA, the level of criminal act, personal situation when the criminal act is committed, will be considered by the judge to sentence the child or imposing non-custodial measures, by taking into account the aspect of justice and humanity. 30 The consideration may come from the Litmas result. 31 To make sure that the judge will use Litmas for the decision, there must be an obligation for the judge to give comment on Litmas and use Litmas as the legal consideration. Article 93 (1) of RPP SPPA states that rendering a decision is the full authority of a judge, including the determination of place to execute the punishment, by considering Litmas. Even so, the provision to consider Litmas must be explicitly stated, not merely as the source of consideration, but as the basis of the consideration. 9. Provisions on Quick and No- Charge for Obtaining Copy of Decision) Article 93 (3) of RPP SPPA states that the Court must give the copy of decision no later than 5 days after the decision is read to the child or lawyer/legal counsel, Bimas, and prosecutor. The copy of decision has an crucial role for the child. Not that in addition to be quick, it also must be provided at no charge. In practice, however, the Supreme Court argued that the courts, especially court at the first instance (district courts) cannot do this obligation due to problems in funding. To resolve the issue, the Supreme Court passed Circular Letter NO. 1 of 2011 on the Amendment to Circular Letter No. 2 of 2010 on Delivery of the Copy of Decision. 32 In addition to that, the Circular also made an adjustment with the PP No. 53 of 2008 on Type and Tariff of Non-Tax State Revenue at the Supreme Court and Judicial Institutions. The Circular states that the delivery of copy of decision is categorized as registrar rights, and will be charged at IDR 300 per page. 33 This problem should be addressed by RPP SPPA, by stating that the copy of decision must be delivered in timely manner, which is 5 days after it is read, and can be given at no charge. The direct impact that must be dealt if the decision is late in delivery, is overstaying at detention house, where the convicted should be released or expelled. A research from the Center for Detention Studies (CDS) at 11 correctional facilities in 5 provinces, shows that the cause of overstaying is the lateness in delivering the decision and executing the decision. 34

22 11. Customary obligation (kewajiban adat) as primary or additional punishment? 10. Forms and Procedures in Imposing Non-Custodial Measures Article 96 of RPP SPPA states that a crime that can be imposed to a child are primary and additional punishment. Additional punishment under Article 96 are: 35 a. Seizing the profit gained from criminal act; or b. Fulfilling customary obligation (kewajiban adat). Additional punishment in form of customary obligation may be imposed by the judge by considering the living law at the location the Child is domiciled. 36 As a side note, the fulfillment of local customary obligation or the obligation according to the living law, should be the main punishment, if the act is considered as a criminal act according to the local law. 37 The fulfillment of local customary obligation or the obligation according to the living law, can be replaced with work training or financial compensation, if the customary obligation is not fulfilled by the Child. 38 However, which party that will evaluate whether or not the Child is not fulfilling such obligation? Also, how proportional it is for a child to undergo such punishment? RPP SPPA does not elaborate further on this issue. Under Article 129 (2) of RPP SPPA, noncustodial measures may be filed by the prosecutor, unless the crime is subject to 7 years of imprisonment (minimum). Similar to Diversion, RPP SPPA does not answer about child who is indicted with crime subject to less than 7 years of imprisonment, covering subsidiary, alternative, accumulative, and combination with crime that is subject to 7 years of imprisonment. 39 Secondly, Artice 128 (2) of RPP SPPA states that the decision to use noncustodial measure is the authority of the judge, including the determination of the place and implementation of the measure, by considering Litmas from Bimas. Underlining that the decision in using noncustodial measure as the authority of the judge is sufficiently good, as in practice, the judge will use the indictment from the prosecutor, who rarely requesting noncustodial measures, even though it is mandated under the laws and regulations, such as in narcotic cases, 40 for rehabilitation measure. 41 Judge must have the special authority to make decision by taking into account the child s condition and situation, 42 and should not rely on prosecutor, for the interest of the child.

23 12. Conclusion ICJR Jl. Cempaka No 4, Pasar Minggu, Jakarta Selatan Jakarta Indonesia RPP SPPA is an important regulation to maximize the implementation of the SPPA Law. Without a proper regulation at the level of technical regulations, the implementation of the SPPA Law will not in line with its objective. RPP SPPA is yet to answer the problems under the SPPA Law, and some of its provisions must be strengthened. The government must accelerate the drafting process of RPP SPPA, with a more open and participative approach. The current process, which is closed and lack of involvement from the public must be improved. The government must also officially published RPP SPPA, so that the public may give comprehensive inputs and recommendation for the

24 Notes 1 Andrie Amoes, Paper, Pendelegasian Undang- Undang SPPA dan Penyusunan Peraturan Pelaksanaannya, Kemnhukham, Andrie Amoes, Paper, Pendelegasian Undang- Undang SPPA dan Penyusunan Peraturan Pelaksanaannya, Kemnhukham, YPI Bahas Rancangan Peraturan Pelaksanaan UU No. 11 Tahun 2012, see 4 ICJR had confirmation that there were two versions of RPP SPPA from the Government, and both of which are difficult to obtain. ICJR only succeeded in obtaining one version dated 9 May 2014, consists of Diversion; Requirements and Procedures in Decision- Making Process, as well as Educational, Development, and Assistance Program; Guidelines for Registering Cases; Forms and Procedures in Imposing Punishment; Forms and Procedures in Imposing Non-Custodial Measures; and Coordination, Monitoring, Evaluation, and Reporting. 5 ICJR obtained RPP SPPA version dated 9 May Article 6, SPPA Law; and Article 2, RPP SPPA 7 Paragraph 11.1, The Beijing Rules: Consideration shall be given, wherever appropriate, to dealing with juvenile offenders without resorting to formal trial by the competent authority 8 The Models for Change Juvenile Diversion Workgroup, Juvenile Diversion Guidebook, Models for Change, US, 2011, pg Paragraph 5.1, The Beijing Rules: The juvenile justice system shall emphasize the well-being of the juvenile and shall ensure that any reaction to juvenile offenders shall always be in proportion to the circumstances of both the offenders and the offence. Commentary : Rule 5 refers to two of the most important objectives of juvenile justice. The first objective is the promotion of the well-being of the juvenile. This is the main focus of those legal systems in which juvenile offenders are dealt with by family courts or administrative authorities, but the well-being of the juvenile should also be emphasized in legal systems that follow the criminal court model, thus contributing to the avoidance of merely punitive sanctions. 10 Article 4 (1), RPP SPPA 11 Article 5, RPP SPPA 12 Article 3 (2), RPP SPPA 13 Article 3, Supreme Court Regulation on Diversion. This work is licensed under a Creative Commons Attribution 4.0 International License

25 14 The difference between Article 112 (1) and 111 (1) is the type of narcotics, which is plantbased and non-plants. Both articles are subject to 4 years of imprisonment (minimum) and 12 years of imprisonment (maximum), with fine amounting to IDR 800 million (minimum) and IDR 8 billion (maximum). Article 111 (1) of the Narcotics Law states that Any person that without right or against the law planting, maintain, possess, store, control, or provide Narcotics Category I in the form of plants, shall be punished with minimum imprisonment of 4 (four) years and a maximum of 12 (twelve) years and a minimum fine Rp ,00 (eight hundred million rupiah) and maximum Rp ,00 (eight billion rupiah). Meanwhile, Article 112 (1) of the Narcotics Law states Any person that without right or against the law possess, store, control, or provide Narcotics Category I which is not a plant, shall be punished with minimum imprisonment of 4 (four) years and a maximum of 12 (twelve) years and a minimum fine Rp ,00 (eight hundred million rupiah) and maximum Rp ,00 (eight billion rupiah). 15 Article 127 of the Narcotics Law states Every abusers: a. Narcotics Category I for themselves shall be punished with imprisonment of 4 (four) years; b. Narcotics Category II for themselves shall be punished with imprisonment of 2 (two) years, and c. Narcotics of category III for themselves shall be punished with imprisonment of 1 (one) year. 16 According to ICJR s research, prosecutor intends to use Article 111 and 112 of the Narcotics Law against a narcotic user. Both articles are easier to be proven, compared to Article 127 of the Narcotics Law, which mandates that a person must be proven as a user and consider other issues, instead of merely relying on possession of narcotics. Furthermore, criminal punishment for Article 111 and 112 (4 years minimum and 12 years maximum), is different with Article 127, which is subject to 4 years of imprisonment (maximum) for Narcotics Schedule I. Prosecutor often knows that the respective person is a narcotic user, but fails to include Article 127 (1) of the Narcotics Law. The phrase own, store, and possess under Article 111 and 112 make these articles as the basket. Therefore, Supreme Court Justices assert that the use of Article 111 and 112 must be related to what intention, as a narcotic user inevitably own, store, and possess. See ICJR: Problem Pasal 111 dan 112 UUNarkotika Terhadap Pengguna Narkotika, Harus Menjadi Perhatian Serius, available at uu-narkotika-terhadap-penggunanarkotika-harus-menjadi-perhatian-serius/ 17 Supriyadi W. Eddyono and Erasmus A. T. Napitupulu, Prospek Implementasi... Op. Cit., pg Article 9 (2), SPPA Law. 19 Articles 25, 26, and 27, RPP SPPA. 20 Article 10 of the SPPA Law in conjunction with Article 27 of RPP SPPA. 21 Supreme Court Regulation on Diversion does not state Diversion without victim s approval. This indicates that, if the Diversion without victim is settled at investigation phase and will not be continued at further stages, if it fails to reach settlement. 22 Article 1 (18), SPPA Law 23 Article 3, SPPA Law, which shows that accompaniment is the right for every child, including accompaniment from legal counsel, and accompaniment during and after the judicial proceeding by social workers. This work is licensed under a Creative Commons Attribution 4.0 International License

26 24 Article 40 (3), SPPA Law 35 Article 98, RPP SPPA 25 Article 40 (2), SPPA Law 36 Article 123 (1), RPP SPPA 26 Article 23, SPPA Law 37 Article 123 (1) and (2), RPP SPPA 27 Article 13 (4), RPP SPPA 38 Article 123 (3), RPP SPPA 28 National Criminal Justice Reference Service, Juvenile Offenders and Victims: 1999 National Report, pg. 106, available at rt99/chapter4.pdf 29 Supriyadi W. Eddyono and Erasmus A. T. Napitupulu, Prospek Implementasi... Op. Cit., pg Article 9 (1), RPP SPPA 31 Article 9 (2), RPP SPPA 32 See PSHK, Jangka Waktu Pembuatan Putusan Hakim dan Hak Mendapatkan Salinan Putusan Secara Cuma-Cuma, available at 33 Ibid 34 See Overstay Persoalan Penjara yang Harus Dipecahkan, available at d09abac54a8/ioverstayi-persoalan-penjarayang-harus-dipecahkan 39 See the discussion under the Guideline for Diversion Process, Procedures, and Implementation 40 Supreme Court Circular Letter No. 4 of 2010 was issued to implement Article 103 (a) and (b) of the Narcotics Law, which gives guidelines for judges that handling narcotic cases, so that they may (i) decide a narcotic user to undergo rehabilitation, if he is proven to commit the narcotic crime, and (ii) decide the narcotic user to undergo rehabilitation if he is not proven guilty of narcotic crime. 41 ICJR has noted that from 32 court decisions regarding child cases in Jakarta Province during 2012, particularly the cases involving narcotics, only 6 decisions that directly implement the policy to place drug addict and victims of drug abuse, as stipulated under the Supreme Court Circular Letter No. 3 of 2011 and No. 4 of See Erasmus Napitupulu and Sufriadi Pinim, Studi Atas Praktik-Praktik Peradilan Anak di Jakarta, ICJR, Jakarta, 2013, pg From the court decisions regarding child in Jakarta Province during 2012, prison indictment is the most-used punishment by the prosecutor. There are 25 jail time indictment, and only 1 indictment that request for social work. See Ibid, pg. 49. This work is licensed under a Creative Commons Attribution 4.0 International License

27 Bibliography Books, Journals, Papers Andrie Amoes, Paper, Pendelegasian Undang-Undang SPPA dan Penyusunan Peraturan Pelaksanaannya, Kemhukham, Belinda Rodgers McCarthy, Bernard J. McCarthy, Jr., Matthew C. Leone, Community- Bassed Corrections, WadsWort, USA, 2001 Erasmus Napitupulu and Sufriadi Pinim, Studi Atas Praktik-Praktik Peradilan Anak di Jakarta, ICJR, Jakarta, Elena Burmitskaya, World's Models Of Legal Aid For Criminal Cases: What can Russia borrow?, Lambert Academic Publishing SENTRA HAM Fakultas Hukum Universitas Indonesia, Paper, Persepsi Publik Terhadap Hak Atas Bantuan Hukum, Fakultas Hukum Universitas Indonesia, 2012 Supriyadi Widodo Eddyono and Erasmus A. T. Napitupulu, Prospek Implementasi Sistem Peradilan Pidana Di Indonesia, ICJR, Jakarta, 2014 The Models for Change Juvenile Diversion Workgroup, Juvenile Diversion Guidebook, Models for Change, US, 2011 Websites Laws and Regulations Law No. 8 of 1981 on Criminal Procedural Law Law No. 3 of 1997 on Juvenile Court Law No. 12 of 2005 on the Ratification to the International Covenant On Civil And Political Rights Law No. 35 of 2009 on Narcotics Law No. 11 of 2012 on Juvenile Justice System Presidential Decree No. 36 of 1990 on the Ratification to the Convention on The Rights of The Child Supreme Court Circular Letter Circular Letter No. 4 of 2010 on Placement of Narcotics Abuse, Victims of Narcotic Abuse, and Narcotic Addict at the Medical and Social Rehabilitation Circular Letter No. 3 of 2011 on Placement of Victims of Narcotic Abuse at the Medical and Social Rehabilitation Supreme Court Regulation Regulation No. 2 of 2012 on Establishment of Petty Crime Limitations and Penalties in the Criminal Code This work is licensed under a Creative Commons Attribution 4.0 International License

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