Annisa Nur Aziza
Politeknik Pengayoman Indonesia

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Implementation of Restorative Justice in Handling Children in Conflict with the Law in Palembang City (Case Study of Child Rapists) Annisa Nur Aziza; Umar Anwar; Budi Priyatmono; Ali Muhammad
Indonesian Journal of Social Science Education (IJSSE) Vol 8, No 1 (2026): January 2026
Publisher : UIN Fatmawati Sukarno Bengkulu

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.29300/ijsse.v8i1.8852

Abstract

The implementation of restorative justice in Indonesia is legally regulated under the Juvenile Criminal Justice System Law. However, it faces challenges, particularly in serious crimes such as the rape of a minor at the Kuburan Cina cemetery in Palembang, involving four juvenile offenders. One of them, IS (aged 16), was sentenced to ten years in LPKA, while the other three, all under 12, were placed in LPKS for one year of rehabilitation. This study critically examines the application of restorative justice in cases of child-perpetrated sexual violence, focusing on the balance between offender rehabilitation and justice for victims. Using a qualitative case study method, data were obtained through interviews with legal authorities, social workers, families, and community figures. The findings reveal that restorative justice efforts are insufficient in achieving reconciliation, with communities—especially victims’ families rejecting such approaches in serious offenses. The perceived leniency has fueled public preference for retributive justice.
Tinjauan Yuridis terhadap Kebijakan Tindakan Tembak Mati Terhadap Pelaku Begal di Kota Medan dalam Perspektif Hukum Pidana dan Hak Asasi Manusia Annisa Nur Aziza; Novan Rizky Ramadan
JIC : Jurnal Hukum dan Konstitusi Vol. 1 No. 3 (2025): JIC : Jurnal Hukum dan Konstitusi
Publisher : anwarpublisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.64272/dfq6s395

Abstract

The escalation of violent street crimes, specifically "begal" robberies, in Medan, Indonesia, has led to the emergence of shoot-to-kill policies as a controversial crime prevention measure. While proponents argue that such actions are necessary to restore public safety, they have sparked significant legal and ethical debates, particularly concerning human rights protections, notably the right to life as enshrined in the 1945 Constitution of Indonesia and binding international human rights instruments. This study examines the legality and legitimacy of shoot-to-kill actions against begal offenders from the perspective of national criminal law and human rights. Employing normative legal research with a statutory and conceptual approach, this research concludes that the use of lethal force by law enforcement officers is only justified under exceptional circumstances, strictly adhering to the principles of proportionality, legality, and accountability, as mandated by both national regulations and international standards. Extrajudicial killings carried out outside the framework of due process of law constitute a serious violation of human rights and undermine the rule of law. Therefore, addressing begal crimes requires a balanced approach that combines firm yet lawful law enforcement with preventive measures, social empowerment, and structural legal reforms to ensure justice that is consistent with the rule of law and respect for fundamental human rights.