Restorative Justice and Penal Mediation in Resolving Cases of Children Confronting the Law in Indonesia

Abstract

In Indonesia, the concept of restorative justice is more specifically penal mediation. Penal mediation is the settlement of a criminal case through deliberation with the help of a neutral mediator, attended by victims and perpetrators along with parents and community representatives, with the aim of restoring victims, perpetrators and the community. The judge can act as a mediator or with a mediator outside the court who has met the requirements and is certified. Mediation brings together the perpetrator and the victim, on this occasion a reconciliation is held between the victim and the perpetrator, and compensation for damages suffered by the victim is made. Penal mediation is carried out based on the secret principle, so that all events that occur and all statements that appear in the mediation process must be kept confidential by the parties including the mediator.

Keywords: Restorative Justice, Penal Mediation, Children Facing the Law.