Siber International Journal of Advanced Law
Vol. 2 No. 1 (2024): Siber International Journal of Advanced Law (July - September 2024)

Challenges in Implementing Restorative Justice for Children with Special Needs in Bukittinggi: The Role of Investigators and Third Parties

Sofyan Sofyan (Prodi Hukum, Universitas Tangerang Raya, Kabupaten Tangerang, Indonesia)
Yuda Widodo (Prodi Hukum, Universitas Tangerang Raya, Kabupaten Tangerang, Indonesia)
Naufal Ilham Ramadhan (Prodi Hukum, Universitas Tangerang Raya, Kabupaten Tangerang, Indonesia)
Rahmiati Rahmiati (Prodi Hukum, Universitas Tangerang Raya, Kabupaten Tangerang, Indonesia)
Deddi Fasmadhy Satiadharmanto (Prodi Hukum, Universitas Tangerang Raya, Kabupaten Tangerang, Indonesia)



Article Info

Publish Date
30 Sep 2024

Abstract

Restorative approach in family law aims to restore balance and justice, especially for special needs children and their families. However, the implementation of this approach often faces various significant challenges. This article discusses the main issues faced by third parties including reporters of domestic violence by the heads of neighborhood associations, school teachers of special needs children, politicians, community groups, local online media reporters, police investigators, lawyers, and other relevant institutions when they fail to effectively implement corrective actions. This research utilizes both empirical and normative legal approaches to explore the factors hindering the success of the restorative approach and to formulate effective solutions. The research findings indicate that the main obstacles in the implementation of the restorative approach include a lack of understanding of the special needs of children, complex bureaucratic procedures, resource limitations, as well as stigma and prejudice against special needs children. This article proposes solutions including specialized training for third parties, simplification of bureaucratic procedures, increased resources, and anti-stigma campaigns. By implementing these solutions, it is hoped that the restorative approach can be more effective in restoring balance and justice for special needs children and their families. This article is expected to provide useful insights for family law practitioners and policymakers in efforts to improve access to justice through the restorative approach.

Copyrights © 2024






Journal Info

Abbrev

SIJAL

Publisher

Subject

Humanities Law, Crime, Criminology & Criminal Justice

Description

Siber International Journal of Advanced Law (SIJAL) is an open-access and peer-reviewed journal that aims to offer an international academic platform for cross-border legal research in various government policies and civil rights law, particularly in developed and developing countries. This may ...