The Need for Special Justice and Training for Law Enforcement

Oct 13, 2025 by talynt.org 12 views

The Importance of Protecting Children: A National and International Perspective

The protection of children is a crucial aspect of ensuring the well-being and development of future generations. This is not only a national concern but also an international one, as reflected in the United Nations Convention on the Rights of the Child (CRC), which was approved by the UN General Assembly on November 20, 1989. Indonesia ratified this convention through Presidential Decree No. 36/1990, making it a binding law for all Indonesian citizens. The CRC emphasizes the importance of protecting children from all forms of harm, including imprisonment, and ensuring that their rights are respected and protected.

The Principle of the Best Interests of the Child: A Guiding Principle for Decision-Making

The principle of the best interests of the child is a fundamental concept in child rights law. It reminds all parties involved in decision-making that the interests of children should be the primary consideration, particularly in situations where children are involved in the justice system. This principle is essential in ensuring that children are treated fairly and justly, and that their rights are respected and protected. In this context, research was conducted using a juridical-normative and juridical-empirical approach, with a focus on secondary data obtained through literature and document studies.

Restorative Approach in Handling Children Faced with Law: A Promising Solution

The application of the best principle of interest for children aims to keep children away from imprisonment. One of the proposed solutions is the restorative justice approach through the diversion mechanism, namely the transfer of legal processes from formal to non-formal. This approach has several benefits, including reducing the negative stigma associated with imprisonment, minimizing the long-term consequences of the judicial process, and promoting rehabilitation and reintegration. By diverting children from the formal justice system, we can ensure that they receive the support and services they need to overcome their challenges and become productive members of society.

The Need for Special Justice and Training for Law Enforcement

Given the urgent needs, it is recommended that the special justice of children is separated from the general court and the introduction of prison sentences for children must be abolished. The government is expected to be able to prepare well-trained human resources in handling children dealing with law, both in terms of knowledge, behavior, and skills. This includes the provision of facilities and infrastructure that supports the law enforcement process for children can be carried out optimally. By providing specialized training and support, law enforcement officials can better understand the needs and challenges of children involved in the justice system and provide them with the necessary assistance to overcome their difficulties.

The Role of Community in Protecting Children's Rights

Protecting and promoting children's rights is not only the responsibility of the government and law enforcement but also a shared responsibility of the community. By working together, we can create a safe and supportive environment for Indonesian children to grow and develop. This includes providing access to education, healthcare, and social services, as well as promoting a culture of respect and empathy for children's rights. By taking collective action, we can ensure that children are protected from harm and that their rights are respected and protected.

Conclusion

The application of the best principle of interest for children in handling cases of children dealing with law is very important to ensure a better child's future. Through the approach to restorative justice and child-friendly law enforcement, it is hoped that children can be kept away from stigma and negative effects from imprisonment. This is not only the responsibility of the government and law enforcement, but also our joint duty to create a safe and supportive environment for Indonesian children.

Recommendations

Based on the findings of this study, the following recommendations are made:

Separate special justice for children from the general court: This will ensure that children receive specialized treatment and support that meets their unique needs.
Abolish prison sentences for children: This will help to reduce the negative stigma associated with imprisonment and promote rehabilitation and reintegration.
Provide specialized training for law enforcement officials: This will ensure that law enforcement officials have the necessary knowledge, skills, and behavior to handle children dealing with law effectively and humanely.
Promote restorative justice and diversion mechanisms: This will help to reduce the negative impacts of the judicial process on children and promote rehabilitation and reintegration.
Create a safe and supportive environment for Indonesian children: This will involve promoting a culture of respect and empathy for children's rights and providing access to education, healthcare, and social services.

By implementing these recommendations, we can ensure that children are protected from harm and that their rights are respected and protected. This is not only a moral imperative but also a legal obligation under the CRC. By working together, we can create a better future for Indonesian children and promote a culture of respect and empathy for children's rights.

Q: What is the principle of the best interest for children?

A: The principle of the best interest for children is a fundamental concept in child rights law that reminds all parties involved in decision-making that the interests of children should be the primary consideration, particularly in situations where children are involved in the justice system.

Q: Why is it important to apply the principle of the best interest for children?

A: Applying the principle of the best interest for children is essential in ensuring that children are treated fairly and justly, and that their rights are respected and protected. This principle helps to promote the well-being and development of children and ensures that they are not harmed or exploited.

Q: What are some of the benefits of applying the principle of the best interest for children?

A: Some of the benefits of applying the principle of the best interest for children include:

Reducing the negative stigma associated with imprisonment
Minimizing the long-term consequences of the judicial process
Promoting rehabilitation and reintegration
Ensuring that children receive specialized treatment and support that meets their unique needs

Q: How can the principle of the best interest for children be applied in practice?

A: The principle of the best interest for children can be applied in practice through various mechanisms, including:

Restorative justice and diversion mechanisms
Specialized training for law enforcement officials
Separating special justice for children from the general court
Abolishing prison sentences for children

Q: What is restorative justice and how can it be used to apply the principle of the best interest for children?

A: Restorative justice is an approach to justice that focuses on repairing the harm caused by a crime, rather than punishing the offender. This approach can be used to apply the principle of the best interest for children by providing children with the support and services they need to overcome their challenges and become productive members of society.

Q: Why is it important to provide specialized training for law enforcement officials?

A: Providing specialized training for law enforcement officials is essential in ensuring that they have the necessary knowledge, skills, and behavior to handle children dealing with law effectively and humanely. This training can help to promote a culture of respect and empathy for children's rights and ensure that children receive the support and services they need.

Q: What is the role of community in protecting children's rights?

A: The community plays a crucial role in protecting children's rights by promoting a culture of respect and empathy for children's rights and providing access to education, healthcare, and social services. By working together, we can create a safe and supportive environment for Indonesian children to grow and develop.

Q: What are some of the challenges in applying the principle of the best interest for children?

A: Some of the challenges in applying the principle of the best interest for children include:

Limited resources and capacity
Lack of awareness and understanding of child rights
Resistance to change and innovation
Limited access to education, healthcare, and social services

Q: How can these challenges be overcome?

A: These challenges can be overcome by:

Increasing awareness and understanding of child rights
Providing specialized training for law enforcement officials and other stakeholders
Increasing access to education, healthcare, and social services
Promoting a culture of respect and empathy for children's rights

By addressing these challenges and promoting a culture of respect and empathy for children's rights, we can ensure that children are protected from harm and that their rights are respected and protected.