The Concept of Restorative Justice in Child Cases, Reviewed From The Perspective of Benefit

Abstrak

Children are the future generation of the nation who have the right to receive special protection in every aspect of life, including when they come into conflict with the law. The handling of juvenile cases requires criminal law policies that are not solely oriented toward law enforcement, but also take into account the best interests of the child, recovery, guidance, and benefits for the child's future. Therefore, it is necessary to examine how the current criminal law policies regulate the handling of juvenile cases and to what extent these policies reflect the value of utility within the juvenile justice system. The objectives of this research are to identify and analyze: (1) the positive criminal law policy (ius constitutum) governing the handling of juvenile cases in Indonesia; (2) the implementation of criminal law policies in resolving juvenile cases from the perspective of utility; and (3) the ideal criminal law policy (ius constituendum) for handling juvenile cases in the future. This research employs a normative legal research method using statutory and conceptual approaches. The research specification is descriptive-analytical. The data used are secondary data obtained through library research consisting of primary, secondary, and tertiary legal materials. All data were analyzed qualitatively to draw conclusions relevant to the research problems. The results of this study indicate that: (1) the current positive criminal law policy governing juvenile cases is regulated under Law Number 35 of 2014 concerning Child Protection, Law Number 11 of 2012 concerning the Juvenile Criminal Justice System, Law Number 1 of 2023 concerning the Criminal Code, and Law Number 20 of 2025 concerning the Criminal Procedure Code, all of which child protection and the best interests of the child; (2) the implementation of criminal law policies in juvenile cases has accommodated restorative justice and diversion approaches as methods of case resolution that provide greater benefits for children compared to repressive punitive approaches; and (3) future criminal law policies should continue to strengthen the principle of child protection, expand the application of diversion and restorative justice, and enhance coordination among law enforcement agencies in order to establish a juvenile justice system that is more oriented toward utility, rehabilitation, and the social reintegration of children.