Implementation of Restorative Justice for Children in Conflict with the Law in Traffic Cases (Case Study of Ketapang District Court Decision Number 6/Pid.Sus-Anak/2024/Pn Ktp)

Abstract

This study is motivated by the growing application of restorative justice within the juvenile criminal justice system, which emphasizes recovery, the protection of the best interests of the child, and proportional case resolution. In practice, the implementation of this principle often encounters various challenges, particularly in traffic crime cases involving children as offenders. Therefore, this study aims to analyze the implementation of restorative justice for children in conflict with the law in traffic crime cases through a case study of the Decision of the Ketapang District Court Number 6/Pid.Sus-Anak/2024/PN Ktp. This research is a normative legal study employing both statutory and case approaches. The legal materials used consist of statutory regulations, court decisions, as well as relevant legal doctrines and theories. The analysis was conducted qualitatively through systematic interpretation of Law Number 11 of 2012 concerning the Juvenile Criminal Justice System and Law Number 22 of 2009 concerning Road Traffic and Transportation, by applying the theories of law enforcement, justice, and restorative justice as analytical frameworks in examining the trials of children in conflict with the law. This study also employs the perspective of maqāṣid al-sharī'ah to examine the orientation of child protection and social welfare within the juvenile criminal justice system. The results of the study indicate that all elements of Article 310 paragraph (4) of the Road Traffic and Transportation Law were proven legally and convincingly. However, the panel of judges did not impose an effective imprisonment sentence, but instead imposed imprisonment with a probationary period accompanied by community service. This sentencing choice reflects the internalization of restorative justice values at the adjudication stage, even though the formal diversion mechanism was not successfully implemented. The judicial considerations were not solely oriented toward fulfilling the elements of the offense but also took into account sociological and philosophical aspects, including the negligent nature of the act (culpa), the child's remorse, compensation provided to the victim's family, as well as the principle of the best interests of the child and the principle of ultimum remedium, which reflects the orientation toward substantive justice and social restoration within the juvenile criminal justice system. From the perspective of maqāṣid al-sharī'ah, such sentencing construction aligns with the objectives of protecting life (ḥifẓ al-nafs) and safeguarding future generations (ḥifẓ al-nasl), thus understanding justice not merely as retribution but as an effort toward restoration and social welfare.