This paper analyzes the role of inclusive programs in handling cases of Children in Conflict with the Law (CICL), which include pornography, cybercrime, human trafficking, exploitation of children's rights, and family caregiving. The Convention on the Rights of the Child regulates the principle of legal protection for children, whereby states are obligated to provide special protection for CICL. For almost two decades, Indonesia has been using the Law on Juvenile Courts with a formal juridical approach emphasizing punishment (retributive), with a paradigm of apprehension, detention, and imprisonment of children. This approach has the potential to jeopardize the future of children. Following the enactment of Law No. 11 of 2012 concerning the Juvenile Justice System (SPPA), a restorative approach was established that considers the rights and future of children. This study aims to reveal the role of inclusive programs in supporting a better and more effective restorative approach. By utilizing data from field research through observation, interviews, documentation, and personal correspondence in an empirically juridical manner, it is shown that there are still obstacles to restorative protection; legal authorities' understanding of CICL varies and differs in perception, there are still patterns of child punishment, and the new law has not been comprehensively understood by stakeholders. From the perspective of children's future, this study emphasizes the need for the development of a regulatory model that provides legal certainty through non-litigation inclusive-collaborative programs involving multiple stakeholders and institutionalized structures.

Authors:
Hermawan Hermawan, Universitas Brawijaya, Indonesia
Gidion Arif Setyawan, Universitas Brawijaya, Indonesia
Andy Fefta Wijaya, Universits Brawijaya, Indonesia
Yurizal Yurizal, Indonesian Police Academic College, Indonesia

About the Presenter(s)
Dr. Hermawan, S.IP, M.Si is currently an Associate Professor of Public Administration at the Faculty of Administrative Science, Malang, Indonesia.

See this presentation on the full schedule – Saturday Schedule

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