Fauzi Anshari Sibarani
Universitas Muhammadiyah Sumatera Utara, Indonesia

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Integrating Customary Law into Restorative Justice Reform for Legal Certainty in Indonesia’s Juvenile System Fauzi Anshari Sibarani; Adi Mansar; Surya Perdana
Jurnal Hukum Magnum Opus Vol. 9 No. 2 (2026): Agustus 2026
Publisher : Magister Ilmu Hukum Fakultas Hukum Universitas 17 Agustus 1945 Surabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30996/jhmo.v9i2.133689

Abstract

Traffic The purpose of this study is to examine the application of restorative justice reform through the Crime Control Model in realizing the child's best interests based on legal certainty and to analyze the legal issues surrounding the limitation of diversion in Article 7 paragraph (2) of Law Number 11 of 2012 concerning the Juvenile Criminal Justice System. The normative juridical technique used in this study is supported by conceptual, statutory, and case methods. The findings demonstrate a normative contradiction between Article 7 paragraph (2) of the Juvenile Criminal Justice System Law, which restricts diversion to criminal acts punishable by imprisonment under seven years and not recidivism, and Article 7 paragraph (1), which requires diversion efforts at every stage of examination. These restrictions show that Indonesia's juvenile criminal justice system still adheres to a retributive worldview and has not completely incorporated the best interests of the child premise. In order to protect children from stigmatization, incarceration, and the ruination of their future, diversion should be prioritized rather than restricted by specific circumstances. Rebuilding Article 7 of the Juvenile Criminal Justice System Law, bolstering the integrated juvenile criminal justice system, standardizing rules across law enforcement agencies, and bolstering rehabilitation and post-diversion supervision mechanisms are all ways to implement restorative justice reform through the Crime Control Model. It is anticipated that this strategy will make diversion a more effective, compassionate, and legally guaranteed method of safeguarding minors in the juvenile criminal justice system.