Legal Analysis of Settlement of Child Criminal Cases from the Perspective of Restorative Justice (Case Study at Cirebon City Police Department)

Abstract

The most fundamental substance regulated in Law Number 11 of 2012 concerning the Juvenile Criminal Justice System is the explicit regulation regarding Restorative Justice and Diversion. In handling children in conflict with the law, the government has not prepared a special court and a special prison for children in the form of a rehabilitation center. Juvenile courts here should be held with the basic principle not to punish children, but to provide the best interests of children. The purpose of this study is to analyze and describe the settlement of juvenile criminal cases from a restorative justice perspective at the Cirebon City Police Resort. To analyze and describe the practice of resolving juvenile criminal cases from a restorative justice perspective by investigators at the Cirebon City Police Resort. The method used by the researcher is empirical juridical and the specifications in this study are descriptive analytical. The sources and types of data in this study are primary data obtained through interviews and secondary data obtained from literature studies. The data are analyzed qualitatively using the theory of law enforcement and the theory of justice. Based on the results of the study, the settlement of child criminal cases in the perspective of restorative justice at the Cirebon City Police Resort is a mediation process in accordance with the habit of deliberation. The application of the principle of restorative justice at the Cirebon City Police Resort carried out by the police is carried out through activities such as Mediation of victims with perpetrators/offenders; family group deliberations, which are restorative for both victims and perpetrators where involvement in the settlement process is the victim and perpetrator as well as a third party (the police) who act as mediators and facilitators to bridge both parties to reach an agreement and the goal to be achieved through the deliberation process is to restore all losses and injuries that have been caused by the child's delinquency incident. The practice of resolving child criminal cases in the perspective of restorative justice by Investigators at the Cirebon City Police Resort can be done through the Litigation process: Settlement of cases through the trial process. Non-litigation: Settlement of cases outside the criminal justice process, such as mediation or restorative justice.