THE IMPORTANCE OF RESTORATIVE JUSTICE IN RESOLVING JUVENILE CRIME
Keywords:
Restorative Justice, Juvenile Crime, Social JusticeAbstract
Restorative justice is an important approach in resolving juvenile criminal cases because it emphasizes the restoration of social relationships, the accountability of the offender, and the protection of victims’ rights rather than focusing solely on punishment. This study aims to highlight the role of restorative justice within Indonesia’s juvenile criminal justice system and to assess its effectiveness as an alternative to the retributive approach. The method employed is normative research, involving analysis of legislation, policies, and academic literature related to restorative justice practices. The findings indicate that the application of diversion mechanisms as a form of restorative justice can reduce the negative impacts of judicial processes on children, lower crime rates, and support social reintegration. However, its implementation in practice still faces challenges, such as limited understanding among law enforcement officers and insufficient community support. In conclusion, restorative justice plays a crucial role in ensuring the protection of children’s rights while strengthening the goals of social justice, and therefore needs to be continuously reinforced through regulation, training of law enforcement personnel, and community participation
References
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Legal Sources
Law No. 11 of 2012 on the Juvenile Criminal Justice System 9UU SPPA) Regulates the diversion mechanisms as a concrete form of restorative justice
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Supreme Court Regulation (Perma) No. 1 of 2024 provides guidelines for adjudicating criminal cases based on restorative justice, complemented by the Dicision of the Director General of the General Judiciary (MARI) No. 169/DJU/SK/PS.00/12/2020 on the implementation Guidelines for Restorative Justice.
Article 1 paragraph (1) of the Regulation of the Attorney General No. 15 of 2020 difines restorative justice as the resolution of criminal cases involving offernders, victims, and other relevant parties to jointkly seek fair solutions, emphasizing restoration rather that retribution.
Regulations of the Indonesian National Police Mo. 8 of 2021 futher governs the application of restorative justice in handling criminal acts.
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