Jurnal Perspektif Hukum
Vol. 6 No. 1 (2025): Juni 2025

PRINSIP RESTORATIVE JUSTICE PADA DIVERSI DALAM PENEGAKAN HUKUM PIDANA ANAK SEBAGAI PELAKU TINDAK PIDANA

Anshorullah, Anshorullah (Unknown)



Article Info

Publish Date
26 Jul 2025

Abstract

The increase in cases of children in conflict with the law in Indonesia underscores the importance of a more humane approach to law enforcement. This study examines the implementation of the restorative justice principle in diversion practices for children as perpetrators of criminal acts, focusing on the case study of Medan District Court Decision Number 26/Pid.Sus-Anak/2019/PN Mdn. This research uses a normative juridical method with a case study approach to assess the extent to which the principle of diversion is applied to protect children's rights within the criminal justice system. The findings reveal that although Law Number 11 of 2012 concerning the Juvenile Criminal Justice System (UU SPPA) regulates diversion mechanisms, its implementation in the field still faces challenges, particularly regarding coordination among law enforcement officers and public understanding of children’s rights. The decision in this case successfully used diversion as a means of rehabilitation without stigmatizing the child, although there were limitations in resources and social support. This research is expected to encourage better understanding and consistent application of restorative justice principles in handling child cases in Indonesia.

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Journal Info

Abbrev

JPH

Publisher

Subject

Law, Crime, Criminology & Criminal Justice

Description

Jurnal Perspektif Hukum has content in the form of the results of theoretical studies and studies that focus on various legal studies, including : Criminal law Civil Law Procedure Law Customary law Agrarian Law Administrative Law Constitutional Law Human Rights Law Islamic ...