Abstract
This article aims to find out the general concept of restorative justice for children and to analyze the concept of restorative justice through the diversion system in Act No. 11 of 2012 concerning the Juvenile Criminal Justice System for the settlement of child criminal cases in Indonesia. In certain cases, children who are perpetrators of criminal acts are of particular concern to law enforcement officials. Therefore, various efforts to prevent and overcome children in conflict with the law need to be carried out immediately. Efforts to prevent and overcome children in conflict with the law today are through the implementation of a juvenile criminal justice system. To carry out guidance and provide protection for children, support is needed, both concerning institutions and more adequate legal instruments. One solution that can be taken in solving cases of juvenile crime is a diversion system. Diversion is not a peaceful effort but a form of punishment against children who are in conflict with the law in an informal way. Diversion is carried out to provide protection and rehabilitation to perpetrators in an effort to prevent children from becoming adult criminals. Diversion of child perpetrators of criminal acts is carried out by the three components of the criminal justice system in Indonesia, from the police, prosecutors to courts. Diversion is carried out to provide protection and rehabilitation to perpetrators in an effort to prevent children from becoming adult criminals. Diversion of child perpetrators of criminal acts is carried out by the three components of the criminal justice system in Indonesia, from the police, prosecutors to courts. Diversion is carried out to provide protection and rehabilitation to perpetrators in an effort to prevent children from becoming adult criminals. Diversion of child perpetrators of criminal acts is carried out by the three components of the criminal justice system in Indonesia, from the police, prosecutors to courts.
Highlights
Children are an inseparable part of the sustainability of human life and the sustainability of a nation and state
Based on the background description described above, the following problems are formulated: 1) What is the concept of the restorative justice approach in a diversion system? 2) What is the settlement of child criminal cases in Indonesia like?
According to Muladi, restorative justice is a theory that emphasizes restoring losses caused or incurred by criminal acts. Recovering these losses will be achieved by the existence of cooperative processes that include all interested parties.6Based on the definition of restorative justice, it can be seen that restorative justice is a theory of justice that emphasizes restoration of losses caused by criminal acts
Summary
Children are an inseparable part of the sustainability of human life and the sustainability of a nation and state. Various efforts to prevent and overcome children in conflict with the law need to be carried out immediately. One of the efforts to prevent and overcome children in conflict with the law today is through the implementation of the juvenile criminal justice system. One solution is to divert or place child offenders out of the criminal justice system or what we often call diversion efforts This means that not all problems in children's cases must be resolved through formal justice channels, and provide alternatives for solutions with a justice approach in the best interests of the child and by considering justice for victims which is called a restorative justice approach. The basic substance stipulated in Act No 11 of 2012 is strict regulation regarding restorative justice and diversion which is intended to avoid and keep children away from the judicial process.[4]
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