WHO WILL DEFEND US?: PARTICIPATION OF INDONESIAN CHURCHES THROUGH SOCIAL INQUIRY REPORT IN FULFILLING THE RIGHTS OF CHILDREN IN CONFLICT WITH THE LAW

Abstract

Rights and dignity for children are guaranteed by the UN Convention on the Rights of the Child (UN CRC), including for children in conflict with the law (CICL). One basic aspect that needs to be fulfilled in handling CICL case is the reviewing process of the case by relevant and competent party known as Social Inquiry Reports (SIR) that is being stipulated in Beijing Rules 1985 and Tokyo Rules 1990 as subsequent guidelines of the UN CRC. The importance of SIR plays a key role in determining the background of the CICL thus to determine the most appropriate sentencing. Indonesia as state party to the UN CRC also stipulates SIR through the promulgation of Law No. 11/2012 concerning Child Criminal Justice System. Furthermore Christian Conference of Asia (CCA) in 2018 has delivered a communiqué that states the commitment of Churches in Asia to be engaged in tactical action together with government to deal with juvenile justice system. Indonesian Churches as member constituency of CCA has also begun to develop the Child-Friendly Church Movement in conjunction with the current Law, to actively participate in the field of juvenile justice system. Through the Child-Friendly Church Movement, Indonesian Churches shall: Firstly, taking active posture in implementation of the movement in juvenile justice field. Secondly, taking active posture in forming solid cooperation on SIR with relevant government officials. Thirdly, training church’s personnel to be able to participate in the process of SIR as required by the Law. Focusing on these ‘active postures’, the presentation will explore and extrapolate as to how the Indonesian Churches need to implement the movement and the possibilities ahead for the dignity and rights of children.