Jurnal Pacta Sunt Servanda
Vol 4 No 1 (2023): Maret, Jurnal Pacta Sunt Servanda

KELEMAHAN PENYELESAIAN PERKARA PIDANA ANAK MELALUI RESTORATIVE JUSTICE DALAM SISTEM PERADILAN PIDANA ANAK

Brian Septiadi Daud (Universitas Muhammadiyah Gombong)
Litya Surisdani Anggraeniko (Universitas Harapan Bangsa)



Article Info

Publish Date
01 Mar 2023

Abstract

Crimes that occur in society are not only adults but on the contrary, children tend to become criminals. The regulation of children in conflict with the law is expressly contained in Law Number 11 of 2012 concerning the Juvenile Criminal Justice System. In the juvenile justice process, restorative justice must be applied where this process conducts justice for children outside the court and aims to protect children in conflict with the law. In the problems discussed, namely: first, how is restorative justice in resolving cases of children dealing with the law in the implementation of the juvenile criminal justice system? Second, what are the weaknesses of the implementation of restorative justice for children as criminals? The purpose of this study was to determine restorative justice in the settlement of cases of children dealing with the law in the implementation of the juvenile criminal justice system and to find out the weaknesses of the implementation of restorative justice against children as perpetrators of criminal acts. The method used in this paper is normative legal research. The results of this study are Restorative Justice aims to repair or restore criminal acts committed by children with actions that benefit the child, the victim, and the environment by way of settlement outside the court, through diversion, mediation of punishment and non-penalty. The conclusion is basically restorative justice is a process of resolving cases amicably carried out by children by involving victims and perpetrators in a deliberation to get the best agreement for both parties.

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Journal Info

Abbrev

JPSS

Publisher

Subject

Law, Crime, Criminology & Criminal Justice

Description

Jurnal Pacta Sunt Servanda (JPSS) merupakan jurnal yang memiliki bidang ilmu hukum. Jurnal ini diterbitkan oleh Program Studi Ilmu Hukum, Jurusan Hukum dan Kewarganegaraan, Fakultas Hukum dan Ilmu Sosial, Universitas Pendidikan Ganesha Singaraja Bali. Jurnal Pacta Sunt Servanda (JPSS) diperuntukkan ...