The Restorative Justice in the Juvenile Criminal Justice System

Nurullita Rizqia Utami

Abstract


Children as the next generation of the nation deserve special attention. This is aimed at fostering children to create quality human resources. Therefore, legal facilities and infrastructure are also needed to anticipate all problems that arise. This legal facility is aimed at anticipating the stigma or evil brand that arises when children face the law, as well as at the same time restoring and re-socializing the child. One solution is to divert or place juvenile offenders out of the criminal justice system and provide alternatives for settlement with a justice approach in the best interest of the child, which is then known as a restorative justice approach. The purpose of the research made in this journal is to contain how to apply restorative justice in the juvenile justice system and how to provide justice to cases of children who commit crimes. Restorative justice in the juvenile justice system is part of the implementation of diversion. Diversion and restorative justice arrangements have been formulated in the Law on the Juvenile Criminal Justice System. Ideally, restorative justice involves three stakeholders, namely, victims, perpetrators, and civil society or society in determining the settlement of child cases. Through restorative justice, there are efforts to bring together victims and perpetrators with the aim of seeking recovery for victims

Keywords


Children; Diversion; Criminal; Justice; Restorative.

Full Text:

PDF

References


Archipelago, Abdul Hakim Garuda. “Prospects for Child Protection.†in Law and Children's Rights, ed. Mulyana W. Kusumah. Jakarta: Rajawali and the Indonesian Legal Aid Foundation, 1986.

Arief, Barda Nawawi. Mediation Penal Settlement of Cases Out of Court. Semarang: Masters Library, 2012.

Atmasasmita, Romli. Juvenile Justice in Indonesia. Bandung: Mandar Maju, 1997.

Atmasasmita, Romli. The Problem of Juvenile Delinquency. Bandung: Armico, 1983.

Dewi, DS, and Fatahillah A. Gratitude. Penal Mediation: Application of Restorative Justice in Indonesian Juvenile Court. Bandung: Indi Publishing, 2011.

Hartono, Sunar Jati. Legal Politics Towards One National Legal System. Bandung: Alumni, 1991.

Pradityo, Randy. “Straight Line Diversion As A Non-Penal Approach.†Journal of RechtsVinding Online. Jakarta, 2016.

Saleh, Roselan. A Reorientation In Criminal Law. Jakarta: New Script, 1983.

Sisworahardjo, Suwantji. "Children's Rights in the Criminal Justice Process." in Law and Children's Rights, ed. Mulyana W. Kusumah. Rajawali and the Indonesian Legal Aid Foundation, 1986.

Soedarto. Capita Selecta Criminal Law. Bandung: Alumni, 2010. Indonesia, Act No. 11 of 2012 concerning the Indonesian Juvenile Criminal Justice System, the Beijing Criminal Code Rules Covenant on Civil and Political Rights




DOI: http://dx.doi.org/10.30659/rlj.1.4.%25p

Refbacks

  • There are currently no refbacks.


Ratio Legis Journal has been indexed in: