Rahmayanti Rahmayanti
Universitas Pembangunan Panca Budi, Kota Medan, Indonesia

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Criminal Responsibility of Children Who Are Bullying That Results in Serious Injury Utari Debora; Abdul Rahman Maulana Siregar; Rahmayanti Rahmayanti
Journal Evidence Of Law Vol. 5 No. 1 (2026): Journal Evidence Of Law (April)
Publisher : CV. Era Digital Nusantara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59066/jel.v5i1.2242

Abstract

Criminal liability for children who perpetrate bullying resulting in serious injury is an increasingly prominent issue with the rise in cases of violence between children. The focus of this research is on Indonesian legal regulations, the application of criminal sanctions, and the age limit for criminal liability under the Juvenile Criminal Justice System Law. This research uses a normative juridical method by examining laws and regulations, literature, and related cases. The findings in this discussion indicate that bullying resulting in serious injury can be classified as a crime with criminal consequences or actions, but its implementation must still consider the principle of the child's best interests. Diversion can only be implemented if the crime is not categorized as serious, so in cases of serious injury, diversion opportunities are limited. This research emphasizes the importance of a proportional and recovery-oriented approach for both perpetrators and victims to ensure the achievement of the goals of child development and protection in the criminal justice process.
The Role of The Asahan District Prosecutor’s Office in Terminating Prosecution Based on Restorative Justice in Traffic Accidenct Cases Resulting in Death Clara Hotmaida Siregar; Abdul Rahman Maulana Siregar; Rahmayanti Rahmayanti
Journal Evidence Of Law Vol. 5 No. 2 (2026): Journal Evidence Of Law (Agustus)
Publisher : CV. Era Digital Nusantara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59066/jel.v5i2.2654

Abstract

This study aims to examine the role of the Asahan District Prosecutor’s Office in implementing the termination of prosecution based on restorative justice in traffic accident cases resulting in fatalities. This research adopts a normative legal approach, focusing on the analysis of applicable positive legal norms, including statutory regulations, legal principles, and legal doctrines related to the role of the Prosecutor’s Office in applying restorative justice mechanisms. The findings indicate that the Asahan District Prosecutor’s Office plays a significant role in facilitating case resolution through a restorative justice approach by considering humanitarian values, reconciliation between the offender and the victim’s family, and the restoration of the original condition. The termination of prosecution is carried out in accordance with prevailing legal provisions, particularly the Regulation of the Attorney General of the Republic of Indonesia concerning the termination of prosecution based on restorative justice. However, in practice, several challenges remain, including differing public perceptions of justice, limited understanding among the parties involved, and emotional factors experienced by the victim’s family in accepting reconciliation. This study concludes that the application of restorative justice in fatal traffic accident cases can serve as an effective alternative dispute resolution mechanism, provided that both formal and substantive requirements are fulfilled and supported by mutual agreement between the parties. Therefore, it is necessary for the Prosecutor’s Office to enhance its role through increased public outreach, strengthening the capacity of law enforcement officers, and developing clear guidelines to ensure legal certainty and a sense of justice within society.