Enhancing Deterrence for Child Motorbike Riders in Indonesia: A Legal Sanctions Model

Abstract

Objective: The main objective of this research is to formulate a concept for recommendations for changes in the regulation of criminal sanctions and the concept of compensation responsibility, which can provide a deterrent effect against violations by child motorbike drivers. Method: This research was conducted using a normative legal research method with a statutory approach. Results: This research found disharmony in the concept of children, and there is no regulation of criminal sanctions and responsibility for compensation for parents or families. Child motorbike driver violations provide more significant benefits and profits to parents or families. The contribution of this research can provoke legislators to encourage the participation of parents or families to help prevent child motorbike drivers by regulating the imposition of criminal sanctions and responsibility for compensation, and can immediately harmonize the concept of children in statutory regulations. Conclusions: Criminal sanctions for child motorbike drivers are similar to those for adult drivers. Violations for child and adult motorbike drivers use different criminal justice systems. The difference in the concept of children between Law Number 22 of 2009 regarding Road Traffic and Transportation (RTT) and Law Number 11 of 2012 concerning the Juvenile Criminal Justice System (JCJS), results in ambiguity in law enforcement for child motorbike driver violation.