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Leni Dwi Nurmala
Universitas Merdeka Malang
Law, Crime, Criminology & Criminal Justice

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Legal Protection And Position Of Child Witnesses Based On The Principle Of The Child's Best Interests In The Indonesian Criminal Justice System Leni Dwi Nurmala; Kadek Wiwik Indrayanti; Nahdiya Sabrina; Emira Lingga Febriyan
Jurnal Pembaharuan Hukum Vol 13, No 2 (2026): Jurnal Pembaharuan Hukum
Publisher : UNISSULA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26532/jph.v13i2.50438

Abstract

Children as witnesses in criminal cases occupy a vulnerable position due to their psychological limitations and immature level of intellectual maturity. Although Indonesian law provides special protection for child witnesses, in criminal justice practice, child testimony is often positioned as weak secondary evidence. This situation indicates a gap between normative regulations (written law) and their implementation in practice (law in action). This study aims to analyze the legal protection and position of children as underage witnesses in the juvenile criminal justice system and to examine the assessment of child witness testimony during the evidentiary process. The research method used is normative juridical with a legal and conceptual approach. The results show that the legal position of child witnesses must be understood as protective-participatory, by recognizing the role of children in the evidentiary process while guaranteeing the protection of their rights and best interests. This study emphasizes the need for a paradigm shift in the assessment of evidence from a formalistic approach to substantive justice with a child rights perspective.
Co-Authors Emira Lingga Febriyan Kadek Wiwik Indrayanti Nahdiya Sabrina