Legal Analysis of Child Criminal Case Settlement in the Perspective of Restorative Justice

Abstract

The purpose of this study is to analyze and describe the settlement of child criminal cases in the perspective of restorative justice. To analyze and describe the practice of resolving child criminal cases in the perspective of restorative justice by investigators. The method used by the researcher is normative juridical and the specifications in this study are descriptive analysis. The sources and types of data in this study are secondary data obtained from literature studies. Data are analyzed qualitatively using law enforcement theory and justice theory Based on the results of the study, the settlement of child criminal cases in the perspective of restorative justice is a mediation process in accordance with the habit of deliberation. The application of the principle of restorative justice carried out by the police is carried out through activities such as mediation of victims with perpetrators/offenders; family group deliberation, which is restorative for both victims and perpetrators where involvement in the settlement process is the victim and perpetrator as well as a third party (the police) who act as mediators and facilitators to bridge both parties to reach an agreement and the goal to be achieved through the deliberation process is to restore all losses and injuries that have been caused by the child's delinquency. The practice of resolving criminal cases of children from a restorative justice perspective by investigators can be done through the Litigation process: Settlement of cases through the trial process. Non-litigation: Settlement of cases outside the criminal justice process, such as mediation or restorative justice.