July 23 is known as the National Children Day in Indonesia. This occasion was set up with the purpose of respecting children rights in Indonesia. It is the day for Indonesia to fully understand that respecting, fulfilling, and protecting children rights is a crucial ingredient for children to better grow; without which, Indonesia’s future generation is likely blighted. Sadly, in this month, many Indonesians were shocked by one infamous children case: the ten shoe-shiners case.

There are ten boys who daily work as shoe-shiners at the International Airport in Jakarta, are now facing long and exhausted court hearing. It was all started on May 29 when they were arrested by the Soekarno-Hatta International Airport Resort Police for allegedly gambling in the airport area. The youngest is at 11 years old and the oldest one is 15 years old. They all come from impoverished families live nearby the airport and work daily as shoe-shiners to earn a living.

Unfortunately, on that day, there was a security operation that forced them to hide in the bus park. While were waiting the operation to be over, they spent their time by spinning one coin of IDR 500. They spin the coin, and then close it, and the rest should guess which side would appear. To make the game more thrilling, they placed a bet around IDR 1.000 (approx. 10 US cent) each child.

They were investigated without legal assistance and then were transferred to Children’s Prison in Tangerang. The police detained them for a month before finally released them on June 26 2009, due to considerable public pressure. Miserably, however, the police continued the case by conveying the case to Tangerang District Prosecutor and now are facing trial.

Apart from having traumatic experience, these children, as a consequence of one month detention, had to miss their national exam and resulted in failed to go to the next grade. They also couldn’t meet their parents easily during the investigation because of their parents are poor, so it was hard for them to get into the police station as it was far from their home and needed extra money.

According to the Indonesian law, juvenile cases should be tried before the Juvenile Court. The law itself calls for special consideration and treatment when dealing with crimes involving underage children. Under the law, juvenile cases should place the best interest of the children at the utmost priority. For juvenile delinquent facing criminal sanctions and the legal system for the first time, the police play a significant role in the initial stages. Police officers essentially determine whether the juvenile should be released without charge or face the next stage of prosecution. If the arrest is deemed necessary, the public prosecutor then decide once more whether the offender should be released, or face the juvenile court.

In this case, one month detention was of course disproportionate and redundant. The police should have known that these children were on their academic year and the national exam was coming. Detaining them was only bringing more harm than good. Shockingly, when their parents requested a bail, the police refused to release them and decided to extend the detention.

If one looks thoroughly into the case, one would see that this whole case reflects two main problems –apart from the legal-technical issues. Firstly, is the poverty that surrounds these children. Their parents’ income is only around IDR 5.000 (approx USD 0.5) per day, which to a certain extent forced these children to get extra earning for the family by being a shoe-shiner after school. Their decision to shoe-shine after school is neither theirs nor their parents to blame. Having come from underprivileged families, playing around after school would be deemed as a waste of time. Socially-environment pressure leaves them no option other than earning more money for families’ need. This poignant landscape is common in poor families as the parents encourage their children to work. And of course, they can not work in a formal sector because some of them are illiterate. Thus, shoe-shining in the airport which is close to their house is preferable.

Secondly, is the good image that the police want to create if they can send more people to the prison. It suggests to public and the superior that they have succeeded in ensuring justice is done. By sending these ten ‘gambler’, the local police give an impression that they have managed to investigate criminal acts and successfully participate in creating a clean and comfortable airport so it would be nice to look at. But then again, did the police action to investigate and detain these children is a wise option? Creating a nice image of Indonesia’s main international airport, should not sacrifice children’s rights. Handling children case like this should be taken care with extra attention as they are vulnerable. They are still in a developing period. If they are stamped with a ‘suspect’, ‘defendant’ or ‘prisoner’ status, it will only bring negative effect and blacklisted them when they are adult.

Considering the conditions in Indonesia’s penitentiaries, detention is a particularly serious threat to a child’s interests. Children’s prisons, like adult facilities, are overcrowded and poorly equipped at best. Moreover, many children are forced to remain in adult prison while they await trial and a verdict. In adult prisons, children are vulnerable to many levels of abuse, including physical, sexual and mental abuse.

Indeed, there should be other institution better than prison to give service in consulting children’s criminal mental and thoughts. Ultimately, to ensure that children’s rights in relation to criminal issues are fulfilled, Indonesia should tackle its poverty problem as well as reform its penal and juvenile system.

you can see the original post in www.UPIasia.com