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All Journal Jurnal IUS (Kajian Hukum dan Keadilan) Journal of Indonesian Legal Studies
Aji, Wikan Sinatrio
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Law, Crime, Criminology & Criminal Justice

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The Implementation of Diversion and Restorative Justice in the Juvenile Criminal Justice System in Indonesia Aji, Wikan Sinatrio
JILS (Journal of Indonesian Legal Studies) Vol 4 No 1 (2019): Penal Policy and The Development of Criminal Law Enforcement
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/jils.v4i01.23339

Abstract

Children are a younger generation successor to the nation that must be protected. In some cases children can do a mischief that fall into the categories of offenses and called as children in conflict with the law. Children in conflict with the law is different in terms of handling the criminal offenses committed by adults. Currently with Law Number 11 of 2012 on the Criminal Justice System of Children (SPPA) which has sought diversion and restorative justice in terms of handling child conflict with the law. From the results of this study concluded that the policy formulation the concept of diversion and restorative justice pursuant tonLaw Number 11 of 2012 on the Criminal Justice System of Children (SPPA) and its implementation rules have been set regarding policy concept of diversion and restorative justice with the aim that children who commit acts the criminal is no longer confronted in the judicial process but through an alternative solution,namely the completion of which is the restoration to its original state (restorative justice) will but of formulating the policy is still not perfect because it found some weakness. While in the implementation of diversion and restorative justice in the the settlement of children in conflict with the law in Pati District Court already sought remedies which reflect restorative justice approach by implementing law enforcement diversion and restorative justice but there are still many obstacles occurred in the settlement of children in conflict with the law in Pati District Court.
The Implementation of Restorative Justice for Juvenile Crimes Oriented Toward the Best Interests of the Child Aji, Wikan Sinatrio; Wahyudi, Setya; Retnaningrum, Dwi Hapsari; Akbar, Muhammad Imam
Jurnal IUS Kajian Hukum dan Keadilan Vol. 14 No. 1 (2026): Jurnal IUS Kajian Hukum dan Keadilan (in progress)
Publisher : Magister of Law, Faculty of Law, University of Mataram

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.29303/ius.v14i1.1830

Abstract

Law enforcement treats children in conflict with the law as “small adults” who commit criminal acts. The handling of children as perpetrators of crimes punishable by imprisonment of 7 years or more frequently neglects the best interests of the child. This study examines whether the concept of Restorative Justice can complement the resolution of cases involving children in conflict with the law, particularly those facing a sentence of 7 years or more. This study uses a normative juridical research method. The research findings suggest that Restorative Justice can complement the resolution of cases involving children in conflict with the law, particularly those facing sentences of 7 years or more, as it fundamentally upholds children’s rights. Moreover, Restorative Justice can be applied to such cases through existing diversion mechanism, which shifts the legal process from criminal proceedings to non-criminal alternatives. This approach involves mediation and negotiation between the perpetrator, the victim, their families, the community, and law enforcement to identify the best solution for addressing the issues faced by children as criminal offenders.
Co-Authors Akbar, Muhammad Imam Dwi Hapsari Retnaningrum Setya Wahyudi