LAW ENFORCEMENT FOR CHILDREN AGAINST THE LAW BASED ON A RESTORATIVE JUSTICE APPROACH

Vidya Ayu Pratama

Abstract


The purpose of this research is to identify and analyze law enforcement for children in conflict with the law based on a restorative justice approach and to identify and analyze the obstacles and solutions to law enforcement for children in conflict with the law based on a restorative justice approach .

This study uses a sociological juridical approach, with analytical descriptive research methods. The data used are primary and secondary data which will be analyzed qualitatively. The research problem was analyzed using the theory of justice and the theory of the purpose of criminal law.

The result of the research is that law enforcement for children in conflict with the law is by implementing a restorative justice policy. Restorative justice is an approach to justice based on the philosophy and values of responsibility, openness, trust, hope, healing and "inclusiveness", which focuses on reparation for losses due to crime, in addition to trying to encourage perpetrators to be responsible for their actions, through providing opportunities the parties directly affected by the crime, namely victims, perpetrators and the community, by identifying and paying attention to their needs after the crime has occurred, and seeking a solution in the form of healing, reparation and reintegration as well as preventing further losses. The obstacles faced in implementing the restorative justice approach at the Semarang City Public Prosecutor's Office are a. There are weaknesses in Law Number 11 of 2012 concerning the Juvenile Criminal Justice System, which causes the Diversion obligation to not be fulfilled, b. The Public Prosecutor is considered less than optimal in carrying out efforts to implement Diversion, c. Today's society thinks that the most appropriate punishment for a criminal behavior is a crime, while the solutions implemented by the Semarang City District Attorney are as follows: a. Conducting socialization of Law Number 11 of 2012 concerning the Juvenile Criminal Justice System to all related parties, b. Providing education and training for law enforcement officers in order to increase competence in understanding the protection of children based on the latest juvenile criminal justice system. c. Accelerate the preparation of Government Regulations related to Law Number 11 of 2012. D. Prepare facilities and infrastructure that support the enactment of Law Number 11 of 2012.

Keywords: Law enforcement, children, retorative justice.


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