Criminal Sanctions Against Parents for Children in Conflict With the Law

Author Information

Boni Satrio Simarmata, Universitas Atma Jaya Yogyakarta, Indonesia
Elisabeth Sundari, Universitas Atma Jaya Yogyakarta, Indonesia
Suyoto , Universitas Atma Jaya Yogyakarta, Indonesia
 

Abstract

The post-COVID-19 era has brought significant social changes, particularly affecting parenting behavior, child supervision, and the psychological well-being of children. This study explores the imposition of criminal sanctions on parents whose children come into conflict with the law, analyzed through Jeremy Bentham’s utilitarianism and the principle of “The Greatest Happiness of the Greatest Number.” It highlights the implications of suboptimal parenting and its effect on rehabilitation efforts and the prevention of juvenile delinquency, with a core focus on the consequences of parental responsibility. Using a normative legal research method, this study examines the Juvenile Criminal Justice System Law, relevant statutory regulations, legal literature, and interview data. The findings suggest that applying criminal sanctions to parents, viewed from a utilitarian perspective, can act as a catalyst to strengthen parental supervision, encourage responsible parenting practices, and promote active involvement in preventing juvenile crimes. Data from January to July 2024 show that Indonesia recorded 185,557 criminal cases, with 17.7% involving children as perpetrators and 11.86% as victims. However, this approach also raises ethical concerns. Punitive measures risk creating social stigma, potentially undermining the family’s essential role in child development. Therefore, the study recommends a more holistic and interdisciplinary approach—one that includes not only punitive mechanisms but also parenting education, psychosocial support, and restorative justice. These efforts should be rooted in the best interests of the child to ensure recovery for both children and parents. By integrating both accountability and support, the justice system can work toward greater societal well-being and happiness.

Paper Information

Conference: ACSS2025
Stream: Politics

This paper is part of the ACSS2025 Conference Proceedings (View)
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To cite this article:
Simarmata B., Sundari E., & S. (2025) Criminal Sanctions Against Parents for Children in Conflict With the Law ISSN: 2186-2303 – The Asian Conference on the Social Sciences 2025: Official Conference Proceedings (pp. 97-113) https://doi.org/10.22492/issn.2186-2303.2025.9
To link to this article: https://doi.org/10.22492/issn.2186-2303.2025.9

Criminal Sanctions Against Parents for Children in Conflict With the Law

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