Juvenile Law Lawyers near Gresik

What to expect when a child faces a criminal case in Gresik

Juvenile justice in Gresik follows Indonesia’s national child justice system. A case may involve police questioning, a prosecutor’s review, diversion discussions, and, if it proceeds, a hearing at the Gresik District Court.

Children accused of offences have special rights, including legal assistance, privacy protections, and procedures focused on their age and development. Diversion may be available for eligible cases, with the aim of resolving the matter outside court through an agreed restorative process.

A lawyer can explain the child’s rights at each stage, help the family communicate with investigators, and check whether diversion or another lawful outcome is available. The child’s age when the alleged offence occurred and the alleged offence’s maximum penalty can affect the process.

When a juvenile justice lawyer may be needed

• A child is asked to attend questioning at a Gresik police station after an allegation involving theft, assault, or property damage. Legal advice can help the family understand the child’s rights before questioning begins.

• A school-related bullying or fighting allegation in Gresik has led to a police report. A lawyer can help distinguish school discipline from criminal proceedings and address any investigation properly.

• A young person is involved in a road collision on a Gresik road and faces a criminal allegation. A lawyer can review the evidence, explain possible procedures, and advise on contact with the injured person’s family.

• The child may qualify for diversion, but the family is unsure whether to accept proposed terms. A lawyer can explain the conditions and help assess whether an agreement is fair and workable.

• A child is being treated as a suspect without a parent, trusted adult, or legal assistance present. A lawyer can raise concerns about safeguards and seek appropriate support through the process.

• A child has experienced violence, exploitation, or online abuse in Gresik. A lawyer can help the family report the matter and seek child-protection support while preserving relevant evidence.

Key laws governing juvenile justice in Gresik

Law No. 11 of 2012 on the Juvenile Criminal Justice System sets out child-specific procedures, diversion, legal assistance, and safeguards in criminal cases. It took effect on July 31, 2014, two years after its promulgation.

Government Regulation No. 65 of 2015 provides guidelines for diversion and for handling children under 12 who are suspected of committing an offence. It was promulgated on August 19, 2015.

Law No. 23 of 2002 on Child Protection, as amended by Law No. 35 of 2014, sets out child-protection rights and obligations relevant to children involved in or affected by criminal proceedings. The 2014 amendment took effect on October 17, 2014.

Frequently asked questions

At what age can a child enter the juvenile criminal justice process?

The juvenile justice law applies to a child aged 12 but under 18 who is suspected of committing an offence. A child under 12 is handled under a separate process, which may involve returning the child to a parent or placing them in an education or social-welfare programme.

Does every child’s case go to the Gresik District Court?

No. Diversion may resolve an eligible case before trial. If the case proceeds to court and falls within the court’s territorial jurisdiction, it may be heard at the Gresik District Court.

What is diversion?

Diversion is a process for resolving certain child cases outside the formal court process through restorative measures. It is generally required to be considered for offences punishable by less than seven years’ imprisonment, provided the child is not a repeat offender.

Can a child under 12 be prosecuted?

A child under 12 is not processed in the same way as a child aged 12 or older. Authorities must follow the special procedure under Government Regulation No. 65 of 2015, which provides for measures such as return to a parent or participation in an education or social-welfare programme.

Does a child have a right to a lawyer?

Yes. Children are entitled to legal assistance and to safeguards during each stage of the process. A parent or guardian, trusted adult, legal representative, and community counsellor may also have roles under the applicable procedures.

Can a child under 14 receive a prison sentence?

Under the Juvenile Criminal Justice System Law, a child under 14 may receive measures rather than criminal penalties. A lawyer can explain how the child’s age and the facts affect the available legal outcomes.

How much does a juvenile justice lawyer in Gresik cost?

Private lawyer fees are not set by a single local tariff and can depend on the case, stage, and work required. Ask for a written explanation of the fee, included services, and any additional costs before hiring. People who cannot afford a lawyer can ask an accredited legal aid provider about eligibility for free assistance.

How long does a juvenile case take?

The timeline depends on the investigation, whether diversion is attempted, and whether the case goes to trial. Ask the lawyer to explain the next procedural deadline and provide updates as the case progresses.

Are juvenile court hearings open to the public?

Juvenile proceedings are generally closed to the public, subject to the statutory rules for announcing a decision. The child’s identity is protected, so families should avoid sharing identifying case details publicly.

Can the child’s family or the victim take part in diversion?

Parents or guardians and the victim may be involved in diversion discussions, alongside relevant officials and support professionals. Participation does not guarantee an agreement, and any proposed outcome should be understood before it is accepted.

What if the child is a victim rather than a suspect?

A child victim is entitled to protection and support under child-protection law. The family can report the matter to the police and seek assistance from the relevant social-service authority in Gresik.

Official resources in Gresik

• Gresik District Court (Pengadilan Negeri Gresik): Handles criminal cases within its jurisdiction and can provide information about court procedures and hearings.

• Gresik Police (Polres Gresik): Receives reports and conducts criminal investigations in its jurisdiction. Families can ask about the status of a report and the safeguards applicable when a child is questioned.

• Gresik Regency Social Service (Dinas Sosial Kabupaten Gresik): Provides social-service support and can direct families toward relevant child-welfare assistance.

Next steps to find and hire a juvenile justice lawyer

1. Confirm the child’s status and immediate needs. Write down the child’s age, the date of the alleged incident, the authority involved, and any scheduled interview or hearing. Do this as soon as possible, especially if questioning is imminent.

2. Collect relevant documents. Gather police notices, school communications, medical records, identity documents, and messages or other evidence. Keep originals safe and provide copies to the lawyer.

3. Contact a lawyer or legal aid provider promptly. Ask whether they handle child criminal cases in Gresik and whether they can advise before the next police or court appointment. If cost is a concern, ask about eligibility for free legal aid.

4. Compare experience and fees. Speak with two or more providers if time allows, and ask about juvenile cases, diversion, who will handle the matter, likely costs, and how updates will be given. Request the fee terms in writing before proceeding.

5. Discuss the case and possible outcomes. Give the lawyer a complete, honest account and ask whether diversion may apply, what safeguards should be in place, and what the family should avoid doing or saying publicly.

6. Agree on representation and prepare for the next step. Confirm the scope of work, fees, contact arrangements, and any upcoming deadline. Attend meetings with the child as advised and keep copies of every document submitted or received.