Protection of Children`S Rights in Criminal Juvenile Justice System: Comparative Study Between Indonesia and Madagascar

Abstract

As Ratifying States of the Convention on the Rights of Child, Indonesia, and Madagascar must protect children`s rights in the juvenile criminal justice system. This comparative study aims to analyze the similarities and differences between Law No. 11 of 2012 (Indonesia) and Law No. 2016-018 (Madagascar) as well as establish mutual improvements in both countries` systems. The methods of the research: the type of research is legal doctrinal; the approach used is a statutory approach complemented by a comparative approach; the legal materials used are primary and secondary legal materials; and the method of analysis is a qualitative juridical analysis. Results reveal that both countries have made efforts to prioritize the well-being and rights of children in conflict with the law, incorporating principles such as the best interests of the child, diversion programs, and educational opportunities. However, variations exist in areas such as the age of criminal responsibility, the scope of protection, and diversion systems.