Providing a Better Future for Young Offenders

Davidson Samosir

Overview

When asked whether minors should receive the same treatment in the criminal justice system as adults when they commit an offence, it seems that most people would answer that it “depends”. That is, it is likely that treatment would depend on the gravity and the ramifications of the offence.

However, since the Dutch colonial era, which dates back to 1915, the notion of criminal justice process “depending” on the circumstances of the offence was not a legal option. Minors below the age of 16 who were found guilty of an offence (Articles 45 - 47 of the Indonesian Criminal Code – “KUHP”) were always treated differently from adults. Historically, they received leniency when it came to sentencing.