The Development of Doctrine Parens Patriae in Indonesia's Juvenile Justice System

Sewu, Lindawaty S. and Nuraeny, Henny and Permanasari, Ai and Sirait , Yohanes Hermanto (2018) The Development of Doctrine Parens Patriae in Indonesia's Juvenile Justice System. International Review of Management and Business Research, 7 (2). pp. 449-459. ISSN 2306-9007

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The future of the child is the future of a country, including the future of juvenile, who being in incarceration. Mostly, juvenile who dealing with incarceration unable to continue his/her education. It is worse when the juvenile put in same institution with adult offender. As a consequence, the juvenile is getting further from restoration. In Indonesia right now, the existence of special juvenile detention center (called Lembaga Pembinaan Khusus Anak / LPKA) is still new and not in all part of Indonesia. It is worse when LPKA still has prison paradigm which accentuate rough treatment. As consequence, the juvenile being more violent and effect to community respond to ex-juvenile delinquents. This article is normative research, equipped with empirical research to compare what the law regulate to the reality of juvenile justice system in Indonesia. This article use secondary data, consisting of primary, secondary and tertiary legal material. Authors analyze the data qualitatively and make a conclusion from it. The result show that to ensure the future, a state must play as a parents (parens patriae) to the juvenile. The using of law must consider the best interest of the child. Specifically, in Indonesia’s Juvenile Justice System, government through police officer, attorney or prosecutor, judge must put it first what juvenile needs than punish the juvenile in order to give a deterrent effect. Lastly, the role of LPKA as embodiment of state must prove advocacy, education, coaching, and protection to juvenile as a parent usually give to their children.

Item Type: Article
Uncontrolled Keywords: Doctrine Parens Patriae, Juvenile, Juvenile Justice System, Lembaga Pembinaan Khusus Anak (LPKA).
Subjects: K Law > K Law (General)
Depositing User: Perpustakaan Maranatha
Date Deposited: 06 Aug 2019 06:55
Last Modified: 05 Nov 2020 06:59

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