Application of Restorative Justice in the Child Criminal Justice System Law

Abstract

The conventional criminal process does not provide space for the parties involved, in this case the victim and the perpetrator to actively participate in resolving their problems. Every indication of a criminal act, without taking into account the escalation of the act, will continue to be rolled out into the realm of law enforcement which is only the jurisdiction of law enforcers. Active participation from the community seems to be no longer important, everything only leads to a criminal decision or punishment without looking at the essence. This study aims to determine the Implementation of Restorative Justice in the Child Criminal Justice System Law. In this study, the approach method used is: a normative legal approach (normative legal research method). library legal research conducted by examining library materials or secondary data alone. The research specification used is Analytical Descriptive, which is an effort to analyze and explain legal problems related to objects with a comprehensive and systematic description of everything related to the Implementation of Restorative Justice in the Child Criminal Justice System Law. Regulations related to restorative justice are regulated in the Supreme Court regulations, one of which is through the implementation of policies in the form of the Regulation of the Supreme Court of the Republic of Indonesia PERMA Number 2 of 2012 concerning Adjustment of the Limits of Minor Crimes and the Amount of Fines in the Criminal Code (hereinafter referred to as PERMA No. 2 of 2012). PERMA Number 4 of 2014 concerning Guidelines for the Implementation of Diversion in the Juvenile Criminal Justice System. Strengthening Regulations and Technical Implementation The government needs to strengthen the implementing regulations of Law No. 11 of 2012 concerning the Juvenile Criminal Justice System, especially those related to the diversion mechanism and indicators of restorative justice success. Uniform technical guidelines throughout Indonesia will prevent disparities in the application of restorative justice.