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

Legal Protection for Child Witnesses Based on the Principle of the Child's Best Interests

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 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. 

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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, ...