Pembaharuan Hukum
Vol 13, No 2 (2026): Jurnal Pembaharuan Hukum

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 (Universitas Merdeka Malang)
Kadek Wiwik Indrayanti (Universitas Merdeka Malang)
Nahdiya Sabrina (Universitas Merdeka Malang)
Emira Lingga Febriyan (Universitas Merdeka Malang)



Article Info

Publish Date
30 Aug 2026

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.

Copyrights © 2026






Journal Info

Abbrev

PH

Publisher

Subject

Law, Crime, Criminology & Criminal Justice

Description

Jurnal Pembaharuan Hukum is a scientific publication containing research article, case report and review article in Law area. This journal is published by the Faculty of Law Universitas Islam Sultan Agung three time a year. This journal gives a good opportunities for law researchers, lecturers, ...