The relativism of criminal responsibility age as a challenge in reforming the juvenile justice system

Abstract

The determination of the age of criminal responsibility for children in Indonesia is a significant issue in the juvenile justice system, particularly with the inconsistency in the age of adulthood between criminal law, civil law, and marriage law. The age of 12, which is set as the minimum age for criminal responsibility, is considered too low compared to the psychological development of children and international standards. This creates legal uncertainty and a dilemma in law enforcement, between protecting children or fulfilling societal justice. This study aims to analyze the relativism of the age of adulthood in juvenile criminal responsibility and the challenges in reforming the juvenile justice system in Indonesia. The research questions raised are how the relativism of the age of adulthood in juvenile criminal responsibility exists and whether the current age of responsibility poses a challenge to the reform of the juvenile justice system. The research method used is normative legal research with a statutory, conceptual, and case approach. The results indicate that the low age of criminal responsibility needs to be reformed, with a higher age set, in order to create a system more aligned with the psychological development of children and international child protection principles.