Dugaan Perundungan Anak Penyandang Disabilitas Berujung Kematian Oleh Anak: Urgensi Penguatan Sistem Peradilan Pidana Anak di Indonesia

Abstract

Fatal bullying involving children with disabilities raises critical questions about Indonesia’s juvenile justice framework, particularly when alleged perpetrators are under twelve. Using a reported Surabaya case as an illustration, this study examines the adequacy of Article 21 of Law Number 11 of 2012, the limitations of restorative justice, and options for proportionate legal reform. Employing qualitative normative legal research, the study integrates statutory and conceptual approaches, supported by legislation, international child rights standards, scholarly literature, and public reports from September–October 2026. Data were analysed through qualitative content analysis, legal interpretation, and source triangulation. Findings indicate that Article 21 appropriately protects children below the age of criminal responsibility but insufficiently differentiates minor misconduct from fatal harm, lacks victim-oriented recovery mechanisms, and provides limited guidance on parental responsibility. Formal diversion does not apply to children under twelve, while allegations of disability-based discrimination require further evidentiary verification. This study proposes a tiered, disability-sensitive response incorporating independent assessment, time-limited rehabilitation under judicial supervision, safeguards against unlawful deprivation of liberty, state-supported assistance for bereaved families, and fault-based parental accountability. Unlike existing arrangements under Government Regulation Number 65 of 2015, the proposed model introduces harm-based intervention thresholds, periodic judicial review, and structured parental programmes. The study concludes that Indonesia requires a specialised, rights-compliant mechanism addressing grave harm without criminalising children under twelve.