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

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Legal Protection for Child Witnesses Based on the Principle of the Child's Best Interests 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 who witness criminal cases are in a vulnerable position because of their psychological limitations and lack of full 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 seeks to examine how children who are minors are legally protected and treated as witnesses within the juvenile criminal justice system, as well as to evaluate how their testimonies are assessed during the process of gathering evidence. The research method employed is normative juridical, incorporating both legal and conceptual approaches. The legislative approach is carried out by examining various legal provisions relating to the protection and status of child witnesses, specifically Law Number 11 of 2012 concerning the Juvenile Criminal Justice System, Law Number 35 of 2014 concerning Child Protection, and the Criminal Procedure Code. 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. 
Co-Authors Emira Lingga Febriyan Kadek Wiwik Indrayanti Nahdiya Sabrina