Journal of Law, Policy and Globalization www.iiste.org ISSN 2224-3240 (Paper) ISSN 2224-3259 (Online) Vol.92, 2019 108 Protecting the Rights of Children in the Indonesian Juvenile Justice System Julianto Asis, Muhammad Irwan Faculty of Law, Universitas Tomakaka Mamuju, West Sulawesi, Indonesia Abstract Delinquency rate of children every year always increases, if we look closely at the development of criminal acts committed by children so far, both in terms of quality and modus operandi. The research is an empirical legal research or commonly called as socio-legal research. It was conducted at Mamuju district, West Sulawesi, Indonesia. The results show that the implementation of the children rights’ protection in the process of juvenile criminal justice has been going well, although there are still rights of the children that have not been fully fulfilled. Such as the right to be free from torture, punishment or other cruel, inhuman and degrading treatment, not being arrested, detained or imprisoned. The process of juvenile criminal justice is not fully running smoothly, because in practice several obstacles are encountered. These obstacles include: the lack of understanding from law enforcement officials regarding child protection, limited number of juvenile judges or judges specializing in child criminal cases, many courts still do not have a special courtroom for juvenile court trial, the lack of defendant’s knowledge of the rights owned, there is no place to child custody or a Penitentiary for Children, so that child custody must be joined with adult in the sense that child custody with adult prisoners is not separated so that it can adversely affect child custody. Keywords: Children; Criminal Law; Juvenile Justice; Human Rights DOI: 10.7176/JLPG/92-10 Publication date: December 31 st 2019 1. Introduction Children should receive protection from the negative effects of rapid development, the flow of globalization, and changes in lifestyle that greatly affect the values and behavior of children. 1 Deviations of behavior or unlawful action as committed by children are caused by factors outside the child. Sometimes the violations committed by children are felt to have troubled all parties especially parents. The phenomenon of increasing violent behavior by children seems not to be directly proportional to the age of the perpetrator. Therefore, various efforts to prevent and settle the delinquency of children need to be resolved immediately. 2 Developed countries are countries that give serious attention to children, as a form of concern for the nation’s generation. One of the efforts to prevent and settle the delinquency of children today is through the implementation of the juvenile justice system. The purpose of the implementation of the juvenile justice system is not merely aiming at imposing criminal sanctions on children who have committed a crime, but rather focusing on the rationale that the imposition of sanctions as a means of supporting the realization of the welfare of children as crime perpetrators. At the practical level, children are often positioned as objects and the treatment of children in dealing with the law tends to harm the child. 3 In addition, the laws are no longer in accordance with the legal needs in the community and have not comprehensively provided special protection for children in dealing with the law. Thus, there needs to be a paradigm shift in the handling of children in dealing with the law, among others based on the roles and duties of the community, government, and other State institutions that are obliged and responsible to improve children's welfare and provide special protection to children who are in dealing with the law. In relation with the issue, then Act No. 11 of 2012 concerning the Criminal Justice System for Children is issued as response to the needs of the community and the government for regulations that provide protection for children, especially children who are in dealing with the law. In this laws there are many amendment, the most clear is the implementation of Diversion process in the settlement of children case, as well as a Restorative Justice approach that involves all stakeholders, especially the community, in the process of restoring the situation to be better. It is hoped with the issuing of this laws, it will provide a just legal basis for all parties, especially children who are dealing with the law, which in its development still requires attention, affection, and guidance from those around it to become intelligent, independent, noble, responsible individuals and useful for family, community, nation and country. 4 1 Harefa, B., & Ariyanti, V. Legal Protection For Narcotics Abuser Children In The Juvenile Justice System In Indonesia. International Journal of Business, Economics and Law, Vol. 12, Issue 4: 106-109 2 Nandang Sambas, 2010. Pembaharuan Sistem Pemidanaan Anak di Indonesia, Graha Ilmu. Yogyakarta. p.103. 3 Yunus, Yutirsa. "Analisis Konsep Restorative Justice Melalui Sistem Diversi Dalam Sistem Peradilan Pidana Anak Di Indonesia." Jurnal Rechts Vinding: Media Pembinaan Hukum Nasional 2, No. 2 (2013): 231-245. 4 Annger Sigit Pramukti and Fuady Primaharsya, 2015. Sistem Peradilan Pidana Anak. Pustaka Yusticia. Yogyakarta. p.3.