Jurnal Ilmiah Hukum LEGALITY
Vol. 27 No. 2 (2019): September

RESTORATIVE JUSTICE APPROACH IN THE SETTLEMENT OF CHILDREN’S CASES IN INDONESIA

Trinita Yulinda Sirait (Faculty of Law, Diponegoro University)
Irma Cahyaningtyas (Faculty of Law, Diponegoro University)



Article Info

Publish Date
06 Nov 2019

Abstract

Restorative justice is a way to resolve criminal cases involving the community, victims, and perpetrators of crime to achieve justice for all parties so that it is expected to create the same conditions as before the crime and prevent further crime. However, implementation is often overlooked in children who commit crimes. The research method used in this study is the normative legal research method with the legislation approach and conceptual approach. This research shows the case of children before the law (ABH) brought in the judicial process must always prioritize the principle of the best interests of children, and the process of punishment is a last resort. Cases can be resolved through informal mechanisms based on standard guidelines. This form of informal handling can be done by diversion through a mediation process facilitated by law enforcement at every level to achieve restorative justice through diversion. Thus, the core of restorative justice is healing, moral learning, community participation and attention, dialogue, forgiveness, responsibility and making changes, all of which are guidelines for the recovery process in the perspective of restorative justice.

Copyrights © 2019






Journal Info

Abbrev

legality

Publisher

Subject

Law, Crime, Criminology & Criminal Justice

Description

Jurnal Ilmiah Hukum Legality (JIHL) is a peer-reviewed open access Journal to publish the manuscripts of high quality research as well as conceptual analysis that studies in any fields of Law, such as criminal law, private law, bussiness law, constitutional law, administrative law, international ...