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Mercy urged for child charged in Jakarta murder

December 21, 2009

….Arist Merdeka Sirait, secretary general of the commission, also known
as Komnas Anak, said the charge and the law on which it was based was
inappropriate.

If tried, he said, the boy should only be
charged with the Criminal Code article on violence leading to death.
The charge carries a sentence of up to 10 years but under the Child
Protection Law, minors may only serve a third of the sentence, he said.

Arist also argued that police investigators had failed to take
into consideration the regular maltreatment of the child by his
adoptive mother. 

“What the boy did may be seen as self-defense against abuse and was not intentional,” he said.

….He also said that Komnas Anak recommended that if the child, whose identity has been withheld, did not face trial, then he should be returned to the care of the state or to social services to get the appropriate psychological counseling.

“Underaged criminal offenders should be given restorative justice — meaning giving them back to their parents or to social institutions,” he said.

The family of the victim, who Arist said has agreed to drop charges against the boy, will meet with judges of the East Jakarta Court, police investigators, the commission and the Legal Aid Foundation to discuss the best way to move forward with the case.

Read the whole article.

Tags:

AsiaBlog PostCourtsJuvenilePrisonsRestorative PracticesRJ and the WorkplaceRJ in SchoolsRJ OfficeTeachers and StudentsVictim Support
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