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The failure of Indonesia’s law enforcement agencies to give fair treatment to minors implicated in criminal cases leaves thousands of children psychologically scarred for life, an activist says.

Arist Merdeka Sirait, the secretary general of Komnas Anak — the National Commission for Child Protection — said he has seen many such heart-wrenching stories.

“The children carry with them the stigma of being a criminal for life. It ruins their future,” said Arist, a veteran rights activist. “We haven’t even talked about the psychological impacts. They have to go through police questioning, detention and later being presented in a courtroom. Even adults cannot easily come to terms with those kinds of experiences.”

Indonesia ratified the UN Convention on the Rights of the Child in 1990 and seven years later issued the Child’s Rights Protection Law. The UN Convention is a legal instrument defining the government’s responsibilities to children within its jurisdiction.

Today marks the 20th anniversary of the convention, yet little has improved.

The Child’s Rights Protection Law only served to remind law enforcers and the public that they could impose criminal charges on children, Arist said. Instead it should have prompted them to show greater concern and intensify efforts to protect children’s rights through better and proper law enforcement.

“The law exists but the implementation is half-hearted, thus it further discriminates against children,” he said on Tuesday.

The commission’s data shows that recorded juvenile crime increased from 795 cases in the whole of 2008 to 1,179 in the first 10 months of this year. Jakarta tops the list as the city with the most crime committed by children, with 288 cases in 2008 and 440 this year. Crimes committed by underage children range from theft and drug abuse to sexual harassment and homicide.

“Children cannot be blamed for their wrongdoings. Circumstances like poverty and lack of education and parental guidance must be considered when we’re talking about what the proper punishment for juvenile crimes is,” Arist said.

“They commit crimes against their own will. Sadly, most of the perpetrators of juvenile crimes are those from the lower-income bracket, although economic motives are not the driving force in all cases.”

Jakarta’s Juveniles

Fourteen-year-old Koko (not his real name) from East Jakarta, confessed to stealing a laptop from his neighbor because he was “terrified and directed by the police detectives” to confess to the accusation, Arist said.

Although he was not detained, his flimsy case proceeded to court, where judges recently acquitted him of all charges. But they did not order a rehabilitation program for Koko. He was just allowed to walk free, labeled as a boy believed to have stolen a laptop.

In another case in East Jakarta, Arist said, police were currently processing an 11-year-old for murder. The boy, M, allegedly killed his adoptive mother. The motive for the crime is being investigated. “In his case we are trying our best to ensure his rights as a child are served, including getting him out of detention and [ensuring] pressure-free interrogation sessions.”

Arist recalled a recent high-profile case involving 10 shoeshine boys in Tangerang who were caught red-handed “gambling” on the Soekarno-Hatta International Airport premises.

“It is the most outrageous case. The police detained them and imposed the same law they used for adult felonies. The children were jailed for days and were charged with gambling, the definition of which can vary. They were playing with coins they earned, just to kill time. They are not making money out of the game. Give them a ball, they will be happily playing soccer instead,” he said.

Recently, the 10 children, aged from 7 to 15, were tried in a closed courtroom session after media focus on the case resulted in the police being criticized. The case was brought to trial where judges found the children guilty and sentenced them to be returned home for parental guidance.

“The children carry their status as lawbreakers throughout their lives because of the judges’ decision in their trial,” Arist said.

Although rehabilitation was not ordered by the Tangerang judges, Christine Tambunan, the children’s attorney, said the local social affairs agency initiated a program for the boys’ parents. As economic hardship is often cited as a major reason why children commit crimes, the agency provided training in income-generating skills to help improve the economic conditions of families living in the densely populated Kampung Rawajati, just behind the international airport.

“Though not regularly, we are monitoring them. They are back to school although some have had to remain in the same grade because they missed examinations due to their detention,” Christine said.

In response to the CRC, the police have set up special units for domestic violence, including a service to handle child offenders. But such units only exist at district-level police stations.

“It’s not of much help because instead of exercising discretion in cases involving child offenders, and practicing what is called restorative justice, the police keep prosecuting the cases. In many cases, they have special rooms designated for questioning and detention,” Arist said.

Makassar Model

Far from Jakarta, some eight hours drive from Makassar, the capital of South Sulawesi, police have taken a new approach to law enforcement in cases where children perpetrate crimes.

Sr. Comr. AJB Maturbongs, police chief of Polewali Mandar district, said his station had translated the child protection law into real action with a lot of help from nongovernmental organizations and municipal education and social affairs agencies. The United Nations Children’s Fund (Unicef) closely assisted the process through training and introduction of new methodologies to law enforcement officials and educators in order to facilitate better understanding of the law.

“We still stick firmly to the law. If there is a case we’ll conduct an investigation and try to find evidence to bring to prosecutors. But cases involving minors receive our most careful attention because we believe that the crimes they allegedly commit are not their fault alone. Juvenile justice is a delicate matter so prosecution is the last option.”

Instead of pursuing evidence and pressuring children in interrogation rooms to extract confessions, police attempt to mediate between children, parents, teachers and victims of alleged crimes.”

Last year, out of 20 cases involving child perpetrators in Polewali only three cases went to trial. Those cases involved motorcycle theft, murder and drugs.

Together with NGOs and educators, police have organized educational campaigns for school children on drug abuse and law enforcement in general. “We’re so lucky here because all elements in the city administration and the communities are willing to take part.” Maturbongs said.

When the Jakarta Globe visited the police station a few months ago, there was a mediation session in progress. In the mediation room 15-year-old Ahmad (not his real name) kept his head down when he met his neighbor whose cellphone he had stolen. He looked away, avoiding eye contact with anyone, even when the session was over. The fourth son of nine children said he had taken the cellphone and sold it for Rp 170,000 ($17) in order to rent a Playstation game, his favorite pastime. Witnessed by neighbors and scolded by his parents, police confronted Ahmad at his home.

“I am so mad. He let me down and embarrassed the whole family. Now, people know him as a thief,” Badar, his father, said angrily.

Ahmad offered only one or two words, answering mainly yes or no — but most of the time remained silent — in response to questions. “I am ashamed,” he said, simply.

A Better Approach

Ahmad’s story is not uncommon here. But he is lucky. The small town has taken a novel approach in dealing with children implicated in criminal cases.

Two other boys – Wahyu and Rahmat – have also benefited from the program.

Wahyu stole a junior high school uniform hat and Rahmat took a black synthetic leather belt from a shop.

“My teacher always sends me home on Mondays because I don’t have a uniform hat to wear during the flag-raising ceremony,” 14-year-old Wahyu said.

Likewise, Rahmat, 15, stole the belt to comply with his school’s dress-code.

Local police used their discretionary rights in both cases. The two boys were rescued from the hands of angry traders and bystanders and taken to the police station. Shop owners agreed not to press charges during a mediation session with the boys, who were accompanied by their parents and local religious leaders. The mediation concluded with a “punishment,” requiring both boys to attend a neighborhood mosque and do the cleaning chores there for three months.

Komar, the mosque’s caretaker, said he was willing to supervise the youths because he understood why they had acted wrongly.

“Their parents are busy earning money to eat. They pedal becak [rickshaws] for a living. They don’t have time to give their children a proper education, let alone set a good example for them to follow,” he said.

Under Komar’s supervision the boys must go to school and then, after finishing their tasks at home, report directly to the mosque.

“Lucky their neighbors are more or less of the same mind. They don’t judge the boys and are more attentive and supportive instead,” Komar said.

Children benefiting from the restorative justice program learn there are consequences for any wrongdoings they commit. At the same time they are given space to grow and enjoy a relatively normal childhood.

But the jury is out on whether police, NGOs and communities elsewhere will want to emulate what Polewali Mandar has done.

Arist said it was government’s responsibility to adopt the approach and replicate it in both big cities and small towns. As decentralization moves ahead it was important that local laws are reviewed and changed to conform with international standards and norms, he added.

“The phenomenon of children committing crimes is right in front of us. The number keeps rising and a change has to be made, otherwise we’ll lose a generation because we mistreat them,” he said.

In line with Arist’s remarks, Unicef has set out to assess the challenges faced by government in the absence of comprehensive laws on juvenile justice.

The government, according to Arist, must push for participation from all sectors, as police alone cannot be relied upon to resolve the issue.

“Restorative justice is internationally recognized for its benefits to children. Here, our law enforcers know the term, thanks to intensive promotion, but they are not urged to put it into action.”