Implementation Study of Restorative Justice for Juvenile Criminal Justice System by Customary Court in Mainland Sulawesi

Abstract

Children’s rights are specifically different from adult human rights. In all circumstances the rights of children must take precedence over other interests, namely the existence of legal protection for them and the existence of special protection aimed at children who violate the law. Act No.11 of 2012 on the Juvenile Criminal Justice System requires restorative justice efforts as a form of protection for children, which emphasizes restoring the harm caused or incurred by criminal acts. Restorative justice has long been practiced in indigenous community of Indonesia, i.e. where a criminal act occurs by its citizens (including juvenile delinquency), the dispute settlement is conducted within the indigenous community internally without involving the State apparatus. The formulation of the problem is, firstly, how is the policy of restorative justice formulation of juvenile criminal justice system in handling the juvenile with conflict of law, secondly how is implementation of restorative justice of juvenile justice system by customary court in Makassar. The results of the study indicate that customary court in Makassar has legal and cultural characteristics, moral values that can solve problems by deliberation, involving various parties in litigation such as in restorative justice mechanism in the juvenile criminal justice system.