Comparative Study of Juvenile Criminal Justice System In Indonesia and the United States

Abstract

The rising rate of juvenile delinquency has resulted in an increasing number of children coming into conflict with the law and facing criminal sanctions under the provisions of the law. This issue emphasizes the need of the juvenile criminal justice system, which establishes a balance between child protection and criminal accountability. This study uses normative legal research, using statutory and comparative methods, to examine the juvenile criminal justice system and sanctions imposed on juvenile offenders in Indonesia and The United States. The findings show that Indonesia through Law Number 11 of 2012 concerning of the Juvenile Criminal Justice System (SPPA Law) has prioritized child protection through age limitation, restorative justice, and diversion mechanism in resolving the juvenile cases. Meanwhile, The United States provides broader discretion in determining juvenile accountability in certain cases through juvenile waiver mechanism which allows the transfer of juvenile offenders from juvenile criminal justice system to adult justice system. However, child protection is still guaranteed under The Juvenile criminal justice system and Delinquency Prevention Act (JJDPA) which establishes minimum standards for juvenile sentencing. These differences show that both countries have the same aim of protecting children within the criminal justice system, but choose different approaches to balance child protection and criminal culpability.