The provisions on the age limit for criminal responsibility for children in the Criminal Code still have shortcomings. The shortcomings are:
1. In the Criminal Code there is no minimum age limit for child criminal responsibility, while The Beijing Rules recognize the concept of age limit for criminal responsibility for juveniles.
2. In addition to the Criminal Code, there is no explanation regarding the institutions that support child protection in law.
3. The rules regarding child criminal law in the Criminal Code are too simple, not in accordance with the development of Indonesian society.
Because historically the age of the Criminal Code is quite long and too very simple and prioritizes the theory of retaliation in its regulations regarding the criminal law of children, the KUHP regulations that specifically regulate child criminal law, especially Articles 45,46,47 are deleted and replaced by laws that are more in nature. specifically, namely Law Number 3 of 1997 concerning Juvenile Court.
Dr. Hervina Puspitosari, S.H., M.H. was born in Sukoharjo, October 1, 1985. Completed her undergraduate education at the Faculty of Law, Universitas Brawijaya, Masters Education at Master in Law, Universitas Sebelas Maret and doctoral education in the Doctoral Program of Law, Universitas Sebelas Maret. Becoming a permanent lecturer at the Universitas Surakarta from 2009 to 2019 and currently as a lecturer at Universitas Pembangunan Nasional Veteran Jawa Timur is also involved in various research activities, seminars and providing legal training, actively writing in various national and international journals.