Legal Certainty of Child Detention Outside the Temporary Child Placement Institution (LPAS)

Analysis of Decision Number 8/Pid.Sus-Anak/2025/PN Png

Abstract

This study aims Unlike previous studies that mainly discuss juvenile criminal sanctions and restorative justice in general, this research specifically examines the legal implications of detaining children outside the Temporary Child Placement Institution (LPAS) through judicial analysis of Decision Number 8/Pid.Sus-Anak/2025/PN Png. The study contributes to the development of juvenile justice by emphasizing that compliance with detention procedures constitutes an essential element of legal certainty and child protection rather than merely an administrative requirement. to evaluate the legal certainty and protection of children facing the law regarding the deviation of juvenile detention outside the Temporary Child Detention Center (LPAS), specifically examining Case Decision Number 8/Pid.Sus-Anak/2025/PN Png. Normatively, Law Number 11 of 2012 concerning the Juvenile Criminal Justice System mandates that child detention must be carried out at LPAS to ensure the separation of child offenders from adult inmates. However, in practice, the child offender was detained within an adult correctional facility/detention center. This legal research employs a normative legal research method with a statutory approach, a conceptual approach, and a case approach. The scientific findings indicate that such detention constitutes a structural violation of children's rights and creates legal uncertainty due to non-compliance with mandatory statutory provisions. The conclusion suggests that the placement of children in adult detention centers invalidates the protective essence of the juvenile justice system and demands stricter institutional accountability and infrastructure fulfillment to guarantee child protection.