Viewing Ijtihad in the Implementation of Diversion as a Form of Settlement of Child Criminal Cases Through the Restorative Justice System by Investigators in Cases of Violence

Abstract

Children have the right to special protection, particularly legal protection within the judicial system. As a consequence of Indonesia's role as a state party to the Convention on the Rights of the Child, which regulates the principles of legal protection for children, it is obligated to provide special protection to children in conflict with the law. This study employed descriptive analytical legal research. Based on the existing study, it can be concluded that the investigation process for child criminal cases through diversion or the ijtihad method, as an effort to implement restorative justice, at the Semarang City Police Department is suboptimal. This is because 70 cases of violence perpetrated by children were resolved at the Semarang City District Court in 2024. Obstacles to the investigation process for child criminal cases through restorative justice at the Semarang City Police Department include limited public knowledge regarding resolving criminal cases through restorative justice; limited public awareness of reconciliation through restorative justice in cases of minor assault; and the lack of comprehensive and specific regulations regarding the resolution of hate speech through restorative justice within both central and regional government regulations.