Abstract
The best treatment for children who should be lived, with the best interests for the sustainability of human life. In handling criminal cases, the restorative justice approach provides different views and approaches to studying and dealing with a criminal act for the handling of restorative justice, that criminal acts are essentially from the viewpoint of criminal law in general, namely attacks on individuals and society as well as community relations. In restorative justice, it can also be found that the features of the formulation of justice are related to rights, judged by results. This meaning has brought a paradigm shift in understanding the concept of providing justice that is in the criminal justice system, it’s said that because in the concept of the criminal justice system in general, justice is considered to have been achieved, the value of the perpetrator can be sanctioned by the state and the victim doesn’t have a place in the settlement process, meanwhile. In the concept of a framework of restorative justice, perpetrators of criminal acts, victims and the whole community are involved in resolving criminal acts directly and focusing on recovery suffered by victims, while the state functions as a facilitator in the process of resolving criminal acts.
Highlights
The paradigm shift regarding justice in criminal law is a worldwide phenomenon because the public is increasingly aware that there needs to be a radical change regarding the handling of Children with the Law
The juvenile criminal justice system which is based on retributive and restitutive justice gives full authority to law enforcers without giving the opportunity to children before the law, and their victims to deliver the version of justice they want.(Pribadi, 2018) The degree of justice is given by providing imprisonment for the perpetrator
The theory of dignified justice views the importance of the implementation of diversion for children facing the law, because in essence diversion is a diversion of the process of solving children's cases from a generally accepted procedural law process to a juvenile case settlement process that uses special procedural law to resolve juvenile criminal cases
Summary
The value prioritizes deliberation to reach consensus and in the spirit of a family atmosphere in the context of implementing child protection, so protecting children is in accordance with the will of the protected child and does not impose the will of those who will protect the child.(Broto, 2014) The theory of dignified justice views the importance of the implementation of diversion for children facing the law, because in essence diversion is a diversion of the process of solving children's cases from a generally accepted procedural law process to a juvenile case settlement process that uses special procedural law to resolve juvenile criminal cases.
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