The Best Interest of Child Principle for Protection on Rights’Children of Judge Decision in Indonesia Legal System

Abstract

In the Convention on the Rights of The Child of 1996, specifies that the state which in its policy and regulation obtaining the child as a subject, it should place the best interest of child for protection on rights’s children. Actually, this paper examines implementation of “The Best Interest Of Child Principle” in judge decision in Indonesia legal system. In doing so, the result of research in this paper indicates that judges in the Indonesia legal system, penalizing toward child in offense, they do not implementation well that principle in their decision. The judges in Indonesia legal system still place legal value as procedural and formal system without justice consideration for child in their decision, whereas justice consideration as the way to be good. This paper uses conceptual approach and by legislation in paper’s analysis.

Keywords: Judge Decision and Child in Crime