PENGKAJIAN HUKUM TENTANG PENERAPAN RESTORATIVE JUSTICE DALAM PENYELESAIAN TINDAK PIDANA YANG DILAKUKAN OLEH ANAK – ANAK

Abstract

The concept of Restorative Justice as an alternative settlement of juvenile criminal cases. Restorative Justice is defined as a process whereby all the parties with respect to certain criminal act to sit together to solve problems and think about how to address the victims and the perpetrators of the law, still put forward the principle of the best interests of the child as well as the process of judgment is the last to remain not ignore the rights of children. If the legal process continues to the process of reporting to the police, the law enforcement essentially through diversion efforts undertaken by the police using discretionary authority. Discretion is is a diversion from the criminal justice process formally to non formal process to be resolved amicably. This approach can be applied to the settlement of cases of children in conflict with the law. It is based on the change of Act No.11 of 2011 replacement of Law No.3 of 1997 on Kids courts only protect children as victims and not the perpetrators, as the perpetrators of categorized children are still under age, his position is not equated with adult offenders.

Keywords: Restorative Justice, Juvenile Justice