Makassar, Indonesia March 30 2026/LCPR-RG/- When a youth commits a crime, how should society respond? Should we rely on strict punishment, or should we focus on guiding them back to the right path? This profound dilemma challenges legal systems worldwide. A fascinating recent study comparing juvenile justice in Indonesia and Australia reveals that the secret to helping young offenders might lie in blending modern laws with ancient cultural traditions. The Research titled “Juvenile Criminal Responsibility in Justice Systems: A Comparative Study of Judicial Interpretations in Indonesia and Australia” was published in Jambe Law Journal by Elsevier on 1 November 2024.
Australia
In Australia, youth justice relies heavily on formal, uniform legal procedures. The Australian system sets the minimum age of criminal responsibility at just ten years old. While this aims to provide standardized safeguards, critics argue that treating such young children under strict penal codes ignores scientific reality. A child’s brain is simply not mature enough to fully grasp the moral weight of criminal actions, and formal courtrooms can feel deeply intimidating.
Indonesia
Indonesia, however, takes a beautifully different and culturally sensitive approach. Across its diverse archipelago, national state laws coexist alongside deeply rooted community customs, known as the “living law.” When a minor faces the justice system in culturally rich provinces like Bali or West Papua, judges do not just blindly follow a rigid statutory rulebook. Instead, they act as wise community mediators. They carefully consider the sociological, moral, and theological background of the child, frequently choosing to apply the restorative principles of customary law.
Juvenile Justice
Rather than jumping to harsh prison sentences, which brand children with a lifelong criminal stigma, Indonesian judges frequently require young offenders to fulfill specific customary obligations. This might involve participating in community reconciliation or paying a traditional fine. The ultimate goal is healing, not hurting. This compassionate method holds the youth accountable while wrapping a supportive arm around them, ensuring they can safely reintegrate into society.
This forward-thinking and restorative approach is more than just good legal practice; it directly supports Sustainable Development Goal 4 (Quality Education). You might wonder, what does juvenile justice have to do with education? By keeping children out of traumatic prison environments and focusing on community-based restorative justice, the Indonesian legal system ensures that punishments are “educative” rather than merely punitive. This approach guarantees that young offenders are not marginalized. Instead, they are taught valuable moral lessons, allowing them to continue their formal schooling and personal growth without the heavy burden of a criminal record.
Ultimately, this comparative study highlights that justice is never a simple, one-size-fits-all concept. While formal legal frameworks are necessary, Indonesia’s model clearly proves that by combining legal firmness with genuine cultural empathy, we can give vulnerable youth the second chance they truly deserve.
Reference
DOI:
https://doi.org/10.22437/home.v7i2.387
Contact:
Prof. Dr. Syamsuddin Muchtar, S.H., M.H.
Syamsuddin.Muchtar@unhas.ac.id
