Local Wisdom-based Restorative Justice Approach to Customary Violations Committed by Children

Abstract

Child protection is an effort to create conditions so that children can carry out their rights and obligations while still prioritizing their best interests. There are three things discussed in this study namely: punishment policy in the use of diversion and restorative justice, values and forms of restorative justice, and the role of custom in cases of children in conflict with the law. This study is an empirical legal study that examines the settlement of criminal cases committed by children with a restorative justice approach. The data used are primary data and secondary data. Analysis of the problems is carried out qualitatively. The policy of handling children's cases with the concept of restorative justice, which promotes peace through deliberations involving various parties, religious and traditional leaders, and the community is very much in line with the concepts of progressive law and substantive justice. To realize the settlement of cases based on restorative justice, relevant stakeholders are expected to be able to apply the values of restorative justice in practice to be able to produce peace agreements that reflect the sense of community justice. Efforts to resolve cases or customary issues carried out by deliberation by traditional elders as village peace judges, are part of the application of local Balinese wisdom and are the best step to restore the situation as before by sticking to the spirit of kinship, mutual care, compassion, and care. Keywords: Children, customary village, diversion, local Balinese wisdom, restorative justice