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All Journal Jurnal Legalitas Jurnal Ilmiah Hukum LEGALITY Jambura Law Review Jurnal Independent
Febrianika Maharani
Brawijaya University
Humanities Education Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Social Sciences

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Criminal Responsibility for Children Who Perpetrate Serious Abuse to Achieve Justice In Society Febrianika Maharani
Jurnal Legalitas Vol 16, No 2 (2023)
Publisher : Universitas Negeri Gorontalo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33756/jelta.v16i2.21377

Abstract

This article is an analysis of cases of serious abuse by child perpetrators, which were analyzed normatively using a statutory approach. The results of the analysis show that the age limit for criminal responsibility for children who commit serious abuse cannot be the same because each child has a different development process which affects their maturity in thinking. If the child's age is used as the only basis for consideration in deciding a child's case, then children who are perpetrators of criminal acts who are not yet 12 (twelve) years old cannot be given any sanctions in the form of actions or criminal penalties and to children who are not yet 14 (fourteen) old. years can only be given sanctions in the form of action. It is feared that this will become a legal loophole so that cases of crimes by children will continue to occur. The best interests of the child must be fought for for the child's optimal growth and development, but justice for the community, especially for the victim, must also be achieved, especially if the victim is also a child who must receive protection. Forensic psychologists are needed to assess and provide an overview of the psychological condition of children who have suffered serious abuse. So, when deciding on children's cases, the judge will refer to 2 (two) things, namely the age limit for criminal responsibility for children and the results of forensic psychological examinations. There is a need for reformulation in Article 21 paragraph (1) and Article 69 paragraph (2) of Law Number 11 of 2012 concerning the Juvenile Criminal Justice System by adding the results of forensic psychological examinations as a basis for consideration in deciding juvenile cases.
Legal Protection for Victims of Minor Crimes against Assets by Child Perpetrators in a Restorative Justice Perspective Maharani, Febrianika
Jurnal Independent Vol. 11 No. 2 (2023): Jurnal Independent
Publisher : Universitas Islam Lamongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30736/ji.v11i2.235

Abstract

AbstractIndonesia, as a country that upholds legal norms and human rights (HAM), has a major role in ensuring that every citizen gets protection for their rights, including the rights of victims of criminal acts. The position of victims in the criminal justice system as parties seeking justice has so far received little attention, this is a form of injustice for victims. In the event that a criminal act is committed by a child, Law Number 11 of 2012 concerning the Juvenile Criminal Justice System provides provisions for using a restorative justice approach through diversion in its resolution, the involvement of the perpetrator and victim in the diversion process aims to produce a win-win solution in order to achieve justice for all parties. Based on this, the author feels it is necessary to study this legal issue more deeply to find a solution to the problem in order to create a sense of justice for all parties. Based on this, the author feels it is necessary to study this legal issue more deeply to find a solution to the problem in order to create a sense of justice for all parties.  
Excusing child offenders: a victim justice perspective Aprilianda, Nurini; Ansori, Ansori; Maharani, Febrianika
Legality : Jurnal Ilmiah Hukum Vol. 32 No. 2 (2024): September
Publisher : Faculty of Law, University of Muhammadiyah Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22219/ljih.v32i2.33937

Abstract

This paper aims to explore the essence of the excuse defense for child offenders and justice for victims. In uncovering its meaning, doctrinal research is conducted with a legislative and conceptual approach, accompanied by a teleological interpretation of legal materials. The research findings indicate that the excuse defense is granted to children under the age of 12 who commit criminal offenses not because their actions are forgiven but due to their inability to form intent or comprehend the consequences of their actions. On the other hand, victims, as the injured party, must also receive justice. The author believes that the government should reconsider the application of the excuse defense for children. The government must also be more selective in determining appropriate sanctions for children based on the nature of the crime committed. If the child's actions result in significant material or immaterial harm, restorative justice may serve as a viable option to balance the interests of both parties, restore the victim's situation, and divert the child from judicial proceedings, thereby achieving a win-win solution.
Challenges in Implementing Diversion for Child Offenders: A Case Study of the Malang Police Department Maharani, Febrianika
Jurnal Legalitas Vol 18, No 1 (2025)
Publisher : Universitas Negeri Gorontalo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33756/jelta.v18i1.27692

Abstract

Diverting children from the formal criminal justice system is imperative to safeguard their future and well-being. Indonesia’s Juvenile Criminal Justice System Act (UU SPPA) mandates diversion at every stage of the process for children in conflict with the law. However, diversion frequently fails due to legal conditions not being met, particularly the requirement of victim approval under Article 9(2). This empirical, socio-legal study examines the challenges of implementing diversion at the investigative stage in the Malang Police Department. Findings reveal that while the police adopt a restorative and child-friendly approach, diversion efforts often collapse due to disproportionate demands from victims’ families, who can block the agreement entirely. Such power imbalance risks obstructing restorative justice and may subject children to unnecessary stigmatization and incarceration. The study highlights an urgent need for legislative reform to prevent the misuse of victim consent as an absolute condition. It proposes an amendment to Article 9 to empower investigators and social officers to assess the fairness of victims’ demands relative to actual harm. This research contributes novel insight by exposing how legal rigidity enables the undermining of diversion’s restorative aims and suggests a statutory safeguard to restore balance. These findings are critical to promoting equitable justice for all parties while ensuring the best interests of the child.
Re-conceptualizing Child Victim Rights: A Normative and Comparative Analysis of Victim Impact Statement in Indonesia’s Juvenile Justice System Aprilianda, Nurini; Maharani, Febrianika; A. Kadir, Nadhilah; Ferdian, Ardi; Solehuddin, Solehuddin
Jambura Law Review VOLUME 7 NO. 2 JULY 2025
Publisher : Universitas Negeri Gorontalo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33756/jlr.v7i2.30132

Abstract

In Indonesia, the participation of child victims in criminal proceedings remains highly constrained. Courtroom questioning still centers on extracting material facts, while the psychological, emotional, and developmental harm inflicted by crime receives scant judicial attention. This article analyzes whether embedding Victim Impact Statements (VIS) in juvenile proceedings could correct that imbalance. Using a normative‑juridical methodology that combines statutory interpretation, doctrinal analysis, and comparative research, the study reviews VIS implementation in the United States, Canada, England and Wales, and South Africa, and tests its coherence with Indonesia’s Law No. 11 of 2012 on the Juvenile Criminal Justice System (JCJS Law). The comparative findings demonstrate that VIS offer a structured, low‑cost channel for children and their guardians to describe the multidimensional fallout of crime, thereby enriching judges’ sentencing rationales and promoting restorative outcomes. Evaluations in those jurisdictions also show that VIS boost victim satisfaction and enhance perceived legitimacy of the courts. To harness these benefits, the paper proposes amending the JCJS Law to require judges to solicit and consider VIS in every juvenile case involving a child victim. Procedural safeguards-mandatory psychological assistance, child‑friendly language,  closed‑court delivery options, and trauma‑informed questioning are recommended to prevent secondary victimization.Codifying these protections would close a normative gap, align national law with both the U.N. Convention on the Rights of the Child and Sustainable Development Goal 16 on justice, and support Indonesia’s broader commitment to child‑centered jurisprudence. Ultimately, institutionalizing VIS can transform victims from passive evidence providers into active rights holders whose voices shape fair, balanced, and developmentally sensitive judicial decisions.
Co-Authors A. Kadir, Nadhilah Ardi Ferdian James Yoseph Palenewen Nurini Aprilianda Solehuddin Solehuddin