Children are legal subjects who have special vulnerabilities so they require optimal legal protection in the criminal justice system, including at the detention stage. Law Number 11 of 2012 concerning the Juvenile Criminal Justice System (SPPA Law) stipulates that the detention of Children in Conflict with the Law must be carried out in Temporary Child Placement Institutions. However, in practice, there are still children detained that are not in accordance with these provisions. The formulation of the problem in this study is whether the detention of children facing the law who are not placed in the Temporary Child Placement Institution during the case examination process in Decision Number 1/Pid.Sus-Anak/2022/PN.Skb is in accordance with the SPPA Law. The research method used is normative legal research, which utilizes a statutory approach and a case approach, supplemented by a literature review and interviews as additional data. The results of the study show that the detention of children in state detention centers and not in LPAS is not in accordance with Article 33 paragraphs (4) and (5) of the Law on the Child Criminal Justice System and has the potential to ignore the principles of protection and the best interests of the child.
Copyrights © 2026