Restorative Justice Policy for Children in Conflict with the Law in the Juvenile Criminal Justice System in Indonesia

Abstract

Children in conflict with the law are a group that requires special protection because their physical, mental, and social conditions are still in the developmental stage. The restorative justice approach is one of the criminal law policies adopted in the Juvenile Criminal Justice System through Law No. 11 of 2012 concerning the Juvenile Criminal Justice System, which places diversion as the main instrument for resolving cases outside the formal justice process. However, in practice, the implementation of this policy still faces various obstacles, including differences in understanding among law enforcement officials, limited implementation of diversion, and the less than optimal harmonization of laws and regulations governing restorative justice. This study aims to legally analyze the restorative justice policy for children in conflict with the law in the Indonesian juvenile criminal justice system and to identify efforts to strengthen policies that can guarantee the protection of children's rights. This study is a normative legal research using a statute approach, a conceptual approach, and a case approach. The legal materials used include primary, secondary, and tertiary legal materials, which are analyzed qualitatively using descriptive-analytical methods. The research results indicate that normatively, restorative justice policy has an adequate legal basis through Law No. 11 of 2012 concerning the Juvenile Criminal Justice System and its various implementing regulations. However, its implementation has not been fully effective due to regulatory disharmony, differing interpretations among law enforcement officials, and the suboptimal involvement of victims, families, and the community in the case resolution process. Therefore, regulatory harmonization, strengthening the capacity of law enforcement officials, and the development of more comprehensive implementation guidelines are needed so that the implementation of restorative justice can realize legal certainty, justice, benefit, and protection of children's rights in accordance with the principle of the best interests of the child. Restorative Justice Policy for Children … (Dyah Ayu Sulistyarini) 510 LICS 2026 Topic: Strengthening Legal Frameworks for Combating Human Trafficking and Enhancing Protection of Women and Children