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[7 April 2010] - Opponents of the law allowing juvenile criminals to serve time in prisons called the legislation “unconstitutional” during a session at the Constitutional Court. Seeking a judicial review of the Juvenile Justice Law, the National Commission for Child Protection (Komnas Anak) brought experts to the court to testify to the harmful effects posed by the legislation. The law, which was passed in 1997, states that children as young as 8 years old can be tried for a crime and incarcerated if found guilty. Surastini Fitriasih, a legal expert from the University of Indonesia, argued that the law had done far more harm than good. “The law has failed to protect the rights of minors to live, grow up and receive proper education. It is unconstitutional,” Surastini said. “Taking children to court might affect them psychologically. They may also suffer from the stigma of being alienated from society, which they could carry with them into adulthood.” Fentiny Nugroho, a social welfare expert from UI, said that a child’s psyche was fragile, and forcing him or her to go through the judicial system like an adult would have a tremendous negative effect on development. “To confine them in a correctional facility would have a significant impact on their future,” she said. According to statistics presented by Fentiny, an astounding 97 per cent of children tried for crimes are convicted, while 57 per cent of those children were forced to share a prison cell with adult criminals. “The fact that there are only a few correctional facilities for minors makes matters even worse,” Fentiny said. She added that the law conflicted with a 1990 presidential decree ratifying the UN Convention of the Rights of the Child, which stipulates that no child should be treated as a criminal. “When children do naughty things, it’s simply a part of their development. They are just being curious,” Fentiny said. “I believe our legal system is capable of providing restorative justice. The country needs its children.” In a similar session held last month, Mudzakkir, a law expert from Indonesian Islamic University, defended the controversial legislation, saying it merely offered judges a list of options. “The sanctions range from supervision to fines and detention,” Mudzakkir said. “The point is there are alternatives, and these alternatives are meant to protect children’s rights. Judges, in turn, should consider these rights before they come up with a verdict.” In February, President Susilo Bambang Yudhoyono approved a proposal to pardon 500 juvenile criminals as he called for a system that was more sensitive to children. Forty-three of the minors were released from jail on Tuesday. Justice Minister Patrialis Akbar promised more would soon be set free. Komnas Anak and other groups invested in protecting the rights of minors are firmly against the law, saying it only resulted in suffering for children. Further information