The Philosophical of Imprisonment against Child in the Indonesian Criminal Law System

The philosophical of imprisonment was still applicable on children in the legislation of Indonesia, but the legal system in Indonesia has changed into the correctional system. The method of research used was normative-legal research, with a philosophical approach. The results of research and discussion showed that imprisonment was still applicable on children can be seen from: The first, principles as a basis of bringing to imprisonment as an option; The second, legislations since the draft of Criminal Law, Act No. 3 of 1997 concerning Protection of Children and the latter Act No. 11 of 2012 concerning the Child Criminal Justice System that adheres two systems punishment (double track system) that is criminal (straf) and action (maatregels). The existence of rehabilitative and restorative punishments, the imprisonment as an alternative of last resort; The third, due to the growth of crime characteristics by a child is equal by adults.