Implementation of Restorative Justice in Cases of Physical Violence Against Children

Abstract

Abstract. This study aims to determine the application of restorative justice in resolving cases of violence against children (physically/psychologically) at the Madiun District Attorney's Office, along with the obstacles and solutions.The approach method used is sociological juridical, the research specification is analytical descriptive. The type and source of data use primary data and secondary data. The data collection method is carried out through field studies and literature studies and the data analysis method is qualitative analysis. TThe theories for analyzing research are legal system theory, justice theory and progressive legal theory. Based on the research results it can be concluded that phe implementation of restorative justice in resolving cases of violence against children (physically/psychologically) at the Madiun District Attorney's Office is in accordance with applicable laws and regulations and Perja Number 15 of 2020 and Circular of the Deputy Attorney General for General Crimes (SE JAM Pidum) No.: 01/E/EJP/02/2022, the process of which after the handover of the suspect and evidence from the investigator, the process involves the perpetrator (suspect) and family, the victim and family, as well as community leaders (village officials) and Polri investigators. Obstacles to the implementation of restorative justice in resolving cases of violence against children (physically/psychologically) at the Madiun District Attorney's Office are limited regulations, limited time, differences in desires between the victim and the suspect, and lack of public understanding regarding restorative justice. In this case, the prosecutor as dominus litis (case handling controller) and also as a facilitator has found a solution so that the case can be resolved based on restorative justice.

Keywords: Criminal; Dominus; Justice; Restorative.