Abstract

Technological developments are driving progress in research into brain structure and function, including understanding children's brain development. In criminal law, this opens up opportunities to examine children's ability to control impulsive behavior more objectively. This study aims to analyze the age limit for criminal responsibility of children in the Indonesian criminal justice system through a Neurolaw perspective, which combines cognitive neuroscience and modern legal theory. This study uses normative legal methods with statutory, conceptual, comparative, and case study approaches. The results show that, legally, children can be held criminally responsible from the age of 12 to before 18 years. The determination of the age limit for criminal responsibility of children is based on philosophical, legal, sociological considerations, and international comparative studies, which demonstrate the importance of special protection for children. The Neurolaw approach reinforces the urgency of evaluating this age limit with the scientific basis that children's brain development is not yet fully mature, so that individual assessments and more adaptive legal policies are needed.

Concepts :

Access to Document

Citations by Year