Guilty children must be given educative sanctions

JAKARTA (JP): More educative sanctions should be considered before a court sentences a minor to jail, a researcher of children's issues said on Saturday.

Irwanto, director of the Child Study Center of the Atma Jaya University, was quoted as saying by Antara that alternative punishment such as community work would be much more useful than the prevalent practice of sentencing minors to prison.

"It (prison sentences) violates international standards," which focus on other means to punish minors who violate the law, he said.

Irwanto was a speaker in a discussion on "Violations of the Right of the Child" held by the Journalists Forum for Women and Children's Problems.

He said there were weaknesses in the handling of minors' cases by local courts, which almost always decided on prison sentences when alternative sanctions could be considered.

Irwanto cited the latest data of the Central Bureau of Statistics which reveals that more than 4,000 children under 16 were caught breaking the law, though no time frame was given.

"Almost all violations are related to petty crimes like theft," Irwanto said.

Of all the arrested children, he said, only half of their cases reached court. Of the court cases, 83 percent of the defendants were sent to jail.

National Police Chief Lt. Gen. Roesmanhadi said in his paper read by a representative that actions by police officers which could be considered to be in violation of children's rights should not be taken to represent the whole police force.

"Such actions only reflect personnel without adequate understanding and vision," he said, as quoted by Maj. Gen. Dasoeki, an assistant at the community education section at the National Police Headquarters.

Dasoeki said sanctions on child violators were regulated in the new Law No. 3/1997 on Children's Court.

"Prison sentences for a delinquent is at the most half of the jail sentence for an adult," Dasoeki said. "But if the sentence for adults of the crime in question is life imprisonment or death, the longest imprisonment (for the minor defendant) is 10 years," Dasoeki said.

He added that police records show that from January to November this year there have been 4,310 crimes committed by minors.

These include petty crimes, physical abuse, indecent acts, drug abuse and murder. (anr)