A SCIENTIFIC JOURNAL OF CHILD CRIMINAL LAW

(Juvenile Justice Criminal Law Policy in Indonesia and Malaysia: A Comparison)

Authors

  • Farhan Taufiqurahman Universitas Pembangunan Nasional Veteran Jakarta
  • Handar Subhandi Bakhtiar

DOI:

https://doi.org/10.35586/jicls.v1i1.10846

Keywords:

: juvenile justice, juvenile criminal law, restorative justice, comparative law, SPPA Law, 2001 Children's Act.

Abstract

This paper aims to compare juvenile justice criminal law policies in Indonesia and Malaysia. Child protection is an important aspect of social development and community welfare. In this context, a comparison between these two countries provides valuable insight into child protection approaches, policies and implementation. From the research results, it appears that both countries have serious efforts to protect children's rights. However, there are differences in legal approaches and implementation of child protection policies. In Indonesia, there are regulations governing child protection, such as Law Number 23 of 2002 concerning Child Protection, while in Malaysia, there is the 2001 Children's Act which regulates children's rights. Both countries have their own characteristics in dealing with children in conflict with the law, both in terms of legal basis, institutions and approaches to resolution. This research uses a normative juridical method with a statutory and comparative legal approach. The results of the study show that Indonesia has progressive regulations through the SPPA Law, but still faces challenges in implementation. Meanwhile, Malaysia still applies a relatively conservative and institutional approach.

References

Abdullah, N. (2017). "Juvenile Justice in Malaysia: An Overview of Legal Framework". Malaysian Journal of Law and Society.

Childhood Act 2001Convention of the Rights of the Child Children and Young Person Act 1933. Criminal Code (KUHP) Civil Code (KUHper) Laws o Malaysia Act 574 Penal Code (KUHP Malaysia)Criminal Procedure Code (Malaysia).

Convention on the Rights of the Child, United Nations, 1989.

Decree of the President of the Republic of Indonesia Number 36 of 1990 concerning Ratification of the CRC.

Firly Ajurni, Novilia Wulan Sari (2024) Comparison of the Legal Systems of Indonesia and Malaysia Regarding Child Protection Innovative Law: Journal of Social Law and Humanities Vol. 1 No. 3

Gultom, Madim, Legal Protection of Children in the Juvenile Criminal Justice System in

Indonesia, Bandung: PT RefikaAditama, 2014.

Indonesian Directorate General of Corrections. (2022). Data and Evaluation of Handling of Children in Conflict with the Law.

Law No. 23 of 2003 on Child Protection.

Law of the Republic of Indonesia Number 11 of 2012 concerning the Juvenile Criminal Justice System.

Ministry of Women, Family and Community Development Malaysia. (2020). Child Protection Report.

Nugroho, B. (2020). Juvenile Criminal Justice System in Indonesia. Jakarta: Prenadamedia Group.

UNICEF Indonesia. (2021). Protection of Children in Conflict with the Law in Indonesia.

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Published

2025-05-29

How to Cite

Farhan Taufiqurahman, & Handar Subhandi Bakhtiar. (2025). A SCIENTIFIC JOURNAL OF CHILD CRIMINAL LAW: (Juvenile Justice Criminal Law Policy in Indonesia and Malaysia: A Comparison). Ius Comparatum: Journal of Law Studies, 1(1), 24–35. https://doi.org/10.35586/jicls.v1i1.10846