KEPASTIAN HUKUM TERHADAP PEMBENTUKAN RUMAH TAHANAN ANAK DITINJAU BERDASARKAN UNDANG-UNDANG NOMOR 11 TAHUN 2012 TENTANG SISTEM PERADILAN PIDANA ANAK

Abstract

Law Number 11 of 2012 concerning the Juvenile Criminal Justice System (UU SPPA) reflects the state's constitutional responsibility to ensure legal protection for children in conflict with the law. One of the core mandates of this legislation is the obligation to provide juvenile detention centers that are separate from adult facilities, in order to guarantee the safety, psychological well-being, and proper development of children throughout the judicial process. However, its implementation across various regions in Indonesia remains suboptimal. The absence of adequate juvenile detention facilities often results in children being detained alongside adult inmates, posing serious psychosocial risks and contradicting the principle of child protection. This study aims to analyze the legal certainty surrounding the establishment of juvenile detention centers under the SPPA Law, identify the barriers hindering its implementation, and evaluate the effectiveness of the normative framework at the practical level. This study employs a normative juridical method using statutory, conceptual, and comparative approaches, and is analyzed descriptively and analytically through a literature-based study. The findings indicate that several challenges—ranging from institutional constraints, limited budgets, weak inter-agency coordination, to a lack of understanding among law enforcement officials about juvenile justice principles—have contributed to the ineffective implementation of the law. The disparity between normative expectations and practical realities indicates a condition of legal uncertainty. Therefore, policy reform is necessary through regulatory strengthening, institutional capacity building, adequate budget allocation, and ongoing training for law enforcement personnel, in order to realize effective and sustainable legal protection for children within Indonesia’s juvenile justice system.