The case of motorcycle theft committed by three elementary school students in Gresik on Tuesday (3/18/2025) in the early hours of the morning, has again attracted public attention. The three were even known to have sold the stolen motorcycle for only IDR 150 thousand in order to be able to play at an entertainment center. Responding to this phenomenon, Juvenile Criminal Law Expert from the Faculty of Law, Universitas Brawijaya, Dr. Nurini Aprilianda, S.H., M.Hum., emphasized the importance of looking at the root of the problem from a social and family perspective.
“If we look now, children who commit crimes under the age are majority have complex problems. It could be that their motivation comes from a problematic family or social background,” said Dr. Nurini in a special interview.
According to her, in the Child Criminal Justice System Law (UU SPPA), children under the age of 12 are included in the category that cannot be held criminally responsible. Referring to Article 21, these children are not processed like adult criminals.
“They cannot be held criminally responsible. Investigations are sufficient to be carried out by investigators and community counselors, without continuing to the trial stage,” she explained.
Actions against underage criminals are usually in the form of returning them to their parents, or coaching through certain social institutions. However, she emphasized that the decision must be based on the results of the child’s background assessment.
In the case of the three children who stole a motorbike, their motivation was only to play at the entertainment center.
“This is where it is important to dig deeper into why they didn’t just ask their parents? Are there economic problems? Do they live in a broken home? All of that must be analyzed so that coaching actions are right on target,” said the criminal law lecturer.
Furthermore, Dr. Nurini also reminded the importance of early detection of children’s behavior that leads to criminal acts. For example, the habit of lying, dishonesty, and the tendency to break the rules that continue to be allowed without correction.
The phenomenon of increasing crimes committed by children under the age of 12, according to her, is a challenge for the legal system in Indonesia. He considered that there needs to be an evaluation of the age limit for criminal responsibility of children which is currently still set at 12 years old.
“Several cases of sexual violence are also committed by children under the age of 12. This must be a serious concern. We are faced with a clash between legal certainty and justice. Justice for whom? For the victim and his family,” she said.
In the handling process, the police can also work with psychologists, psychiatrists, or academics to get a complete picture of the condition of the child perpetrator.
“The state, society, family, all are responsible for protecting children. If there is something wrong with the support system, then the child cannot be blamed alone,” said Dr. Nurini. (Rma/FH PR/ UB PR/ Trans. Iir)
