Criminal Liability for Parents: Paying for the Crimes of their Children

Parents as the first guardian of the child make their role irreplaceable for children. The negligence of parents in interpreting their role as caretakers of children can have an impact on children's development. This research is socio-legal research, which is an interdisciplinary research method that links law and society. The results show that the legal liabilities of parents for criminal acts committed by children are based on the obligations of parents in educating their children, both in State, customary and religious laws. Families do not only shape children physically but also psychologically. The ideal concept of parental legal responsibility for criminal acts committed by children in the context of reforming criminal law in Indonesia starts from mapping the age of the child which must be distinguished between children under 12 (twelve) years old and children aged 12 (twelve) years but not yet 18 (eighteen) years. Legal liabilities of parents for criminal acts committed by children is possible for children under 12 (twelve) years of age who commit criminal acts. This is done by applying the concept of vicarious liability which is then juxtaposed with the concept of diversion.