Jurnal Penelitian Hukum De Jure
Vol 22, No 1 (2022): March Edition

Restorative Justice in Child Rape Perpetrators: A Case Study on Perpetrators With Intellectual Disability

Wahyu Saefudin (Sultan Zainal Abidin University, Malaysia)
Rony Aryono Putro (Kementerian Hukum dan HAM)
Sriwiyanti Sriwiyanti (Sultan Zainal Abidin University)



Article Info

Publish Date
31 Mar 2022

Abstract

The main role of probation officers is implementing restorative justice for the juvenile. However, a rape perpetrator with intellectual disability will encourage a different approach. Therefore, this study aims to explain how the application of restorative justice by probation officers on youth offenders with intellectual disabilities. The method used in this study is an empirical normative method. Primary legal materials were obtained through interviews with probation officers tasked with assisting in the investigation, prosecution, and examination in court, to assist in implementing decisions. Another source of legal materials was also obtained through the document of community research. Finally, secondary legal materials were obtained from various sources such as legislation, library books, and scientific journals. The results show three primary points. First, probation officers have realized restorative justice through their role in community research and mentoring. Second, probation officers provide recommendations for the rehabilitation of offenders. Third, probation officers reinforce other law enforcers such as police, prosecutors, and judges to conduct psychological diagnoses to ensure the child’s condition. However, this study also finds that not all law enforcers can understand and handle children with intellectual disabilities.

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Journal Info

Abbrev

dejure

Publisher

Subject

Education Environmental Science Law, Crime, Criminology & Criminal Justice Social Sciences Other

Description

The De Jure Legal Research Journal, known as Jurnal Penelitian Hukum De Jure, is a legal publication issued three times a year in March, July, and November. It is published by the Law Policy Strategy Agency of the Ministry of Law of the Republic of Indonesia, in collaboration with the Indonesian ...