The Ideal Concept of Criminal Responsibility for The Protection Of Juvenile Within The Indonesian Criminal Court System

The current child protection still fails to provide adequate protection through the procedure law and other related laws such as the law on juvenile justice and provisions such as diversion which practically do not go with the human rights. Recidivists’ juveniles are not treated equally compared to other children in the judicial process. It is well-known that the philosophy of the Child Protection Law is to provide protection for the child to prevent them from being punished. The method used in this research is a normative legal research method / descriptive analysis approach focusing on several cases concerning minimal criminal liability to children involved in crime based on Indonesian criminal justice system. The data included primary, secondary, and tertiary legal materials which were analyzed qualitatively and normatively (systematic and holistic). It is found that the concept of criminal responsibility with the settlement of cases outside the court through penal mediation applied in the trial process is a new development of criminal law. It implies that the private dimension is not brought to the public law domain. The main objective of penal mediation is not obtaining formal justice through the Criminal Justice sub-system which is regulated in formal legal regulations. The penal mediation philosophically contains the principle of applying a “win-win” solution instead of “lost-lost” or “win-lost” situation.