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Jakarta – On August 2014, the Law No. 11 of 2014 on Juvenile Crime Justice System (SPPPA Law) has been enacted. The law is a great leap in legal field that gives a great concern to Indonesian children, and also good legal product which brings a new paradigm.
In the Commemoration of National Children's Day and the enactment of the SPPA Law, the Ministry of Women's Empowerment and Child Protection (KPPPA), the Ministry of Law and Human Rights (Kemenkumham), and the Supreme Court (MA) held a seminar with the theme “The Role of Law Enforcer in the Implementation of SPPA Law”, and Socialization of the National Movement Anti-Crimes Against Children at Graha Pengayoman, Secretariat General Building, Jakarta, Kemenkumham on Wednesday (10/09/2014)
Minister of Law and Human Rights (Menkumham) Amir Syamsudin in his speech, which was read by the Expert of Legal Culture Development Affairs Suhariyono said that the key reforms in the SPPA Law is a paradigm shift from retributive or lex talionis, to become restorative one, which has the point of recovery.
"The recovery of injuries caused by crimes, especially committed by juveniles. Implementation of the paradigm is made through Diversion, which basically strives to a child who committed a crime for being processed outside the common criminal justice system," said Suhariyono.
Meanwhile, according to the Minister of Women's Empowerment and Child Protection, Linda Gumelar, Diversion is the transfer of a child from the case settlement by criminal justice process to a process outside the court. "Due to the protection and the restoration of this paradigm, the deprivation of liberty and the punishment should be the last option in the legal enforcement of the child who against the law," said Linda Gumelar.
Similar to Linda Gumelar, Vice Chairman of the Supreme Court on Judicial Affairs, Muhammad Saleh explained, with the enactment of the SPPA Law, punishment or imprisonment is a last resort taken in the case of juvenile criminal justice. "Although imprisonment had to be done, but the length of prison sentences must be short. Diversion which is a tool of restorative justice, such as dialogue, deliberation and consensus should be the first choice, "said Mohammed Saleh.
The event is attended by many law enforcers, includes judges, prosecutors, policemen, lawyers, academics, as well as officials of the ministries or any other related institutions such as the Ministry of Law and Human Rights, the Ministry of Social Affairs, the Judicial Commission, the Witness and Victim Protection Agency, the National Commission for Women, the Indonesian Child Protection Commission and KPPPA. It was also attended by the Secretary General of the Ministry of Law and Human Rights, Ambeg Paramarta, and the Director General of Common Legal Administration, Harkristuti Harkrisnowo. (Sarah, Prapti. Dok: Zeqi. Ed: Zaka. translation: Agung)
