インドネシアにおける子どもの性をめぐる問題の解決

書誌事項

タイトル別名
  • Problem Resolution concerning Juvenile Sexual Behavior in Indonesia: A Case Study of Child Offenders who Violate the Child Protection Act
  • インドネシアにおける子どもの性をめぐる問題の解決 : 「児童保護法違反」少年の事例にみるムシャワラ(合議)文化と法の適用
  • インドネシア ニ オケル コドモ ノ セイ オ メグル モンダイ ノ カイケツ : 「 ジドウ ホゴホウ イハン 」 ショウネン ノ ジレイ ニ ミル ムシャワラ(ゴウギ)ブンカ ト ホウ ノ テキヨウ
  • ―「児童保護法違反」少年の事例にみるムシャワラ(合議)文化と法の適用―

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抄録

<p>  In Indonesia, recently there are remarkable numbers of child offenders who violate the Child Protection Act and end up in prison, even though child protection reform has been vigorously promoted since 1998. The purpose of this article is to discuss the process of dispute resolution related to juvenile sexual behavior, regarding the manner in which problems are dealt with; that is, whether they are solved conventionally through musyawarah, a customary way of consensus decision making to reach unanimity, or legally by applying national statute law. </p><p>  Along with the process of democratization since the Suharto regime collapsed in 1998, reforms in the child protection system have been promoted in Indonesia, including the establishment of the Child Protection Act in 2002 (Law No.23). In this reform, one of the main issues has been the protection of children in conflict with the law (Anak yang Berhadapan dengan Hukum), which consists of those who are suspected or accused of committing an offence (child offender), those who are damaged by a crime (child victim), or those who provide testimonial evidence related to a crime (child witness). Especially among these, important reforms regarding child offenders have been achieved under the Juvenile Justice System Act (Law No.11/2012), which introduced a “Diversion” policy aimed to direct children away from judicial proceedings and towards community-based solutions. On the other hand, since the mid-2000s, there has been a new problematic situation: remarkable numbers of child offenders are being accused and convicted of “violating” the Child Protection Act. According to data offered by the Directorate General of Corrections, 11.3% of child offenders incarcerated in prison throughout Indonesia are violators of the Child Protection Act (as of 1 July, 2017). This is the third most common crime after robbery (25.8%) and illegal drug use (17.2%). So, the question is; why has such a situation arisen? </p><p>  In order to answer the question, I firstly discuss Indonesian child protection policy and its legal framework, and then analyze interview results conducted in several juvenile prisons located in Java. For detailed analysis, two cases of Child Protection Act violation are taken as examples. One is a case in which a 16-year-old boy was sentenced to 2.2-year imprisonment after having an overnight affair with a 15-year-old girl; the other is a case in which a 16-year-old boy was sentenced to one-year’s imprisonment for having a constant sexual relationship with his girlfriend, resulting in her pregnancy. </p><p>  The findings are as follows: </p><p>  (1)  From the analysis of Indonesian child protection policy and its legal framework, it was revealed that for child victims, reforms have been done through the establishment of the Child Protection Act and its subsequent revisions, aiming to give more stringent punishment to sex offenders against children and for child offenders, through the implementation of the Juvenile Justice System Act based on diversion policy. </p><p>  (2)  There are many examples of child offenders accused of violating the Child Protection Act then going to prison, with most found guilty for having a sexual relationship with their girlfriends or making them pregnant. </p><p>  (3)  One factor in such situations is that there is a certain way of thinking among parents, community members, and law enforcement officials that girls are the absolute subject of protection, while boys are often regarded as deserving of punishment when they “damage” girls and disturb the harmony of the community. Even cruel violence against boys is approved of in some cases. </p><p>  (4)  Another aspect related to culture is that it has been commonly observed that the problem of premarital sex and pregnancy between minors is solved between (View PDF for the rest of the abstract.)</p>

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