Urgensi Transformative Justice dalam Penanganan Perkara Anak Sebagai Upaya Pembaharuan Hukum Indonesia

The Laws and Regulations governing the Juvenile Criminal Justice Process are still discriminatory against Juvenile Law Enforcers, because there are requirements to become a Special Child Advocate as with other Law Enforcers who must be certified as Juvenile Law Enforcers. This study aims to analyze the requirements for advocates in child cases in the juvenile criminal justice system and the requirements for advocates in child cases in the juvenile criminal justice system in the future. The research method uses a normative legal approach method by conducting a study of the law. The results of the study show that Advocates in Child Cases in the Juvenile Criminal Justice System are not burdened with special requirements related to the specificity of children like other law enforcers and Advocates in the future must have an interest, attention, dedication, and understand the problems of Children and have attended technical training on Juvenile justice as a requirement to become a child advocate. This is to ensure the specialization of Advocates in the future as realizing the expression, "Non multa sed multum" not quantity but quality. The implication is that there needs to be specialization in the Advocates profession, especially in handling children's cases in the juvenile criminal justice system so that the handling of children's cases in the juvenile criminal justice system can be of better quality in the future.

The purpose of this research is to examine and analyze (1) the role of Correctional Centers in the Criminal Justice System in Indonesia; and (2) the Optimization of the Role of Correctional Centers in the Criminal Justice System in Indonesia. The research method used is a normative juridical approach. The results of the research concluded; (1) Correctional Centers in the juvenile criminal justice system and in the adult criminal justice system both have a role, but the role of Correctional Centers in the adult criminal justice system has not been optimized as in the juvenile criminal justice system, and it tends to be discriminatory. (2) The optimization of the role of Correctional Centers in the Criminal Justice System in Indonesia needs to be carried out, because by optimizing the role of Correctional Centers, especially Correctional Research on adult cases, it will eliminate discrimination in treatment between children and adults and Correctional Research can be used as a reference for law enforcers. As a recommendation, it is suggested that in the Criminal Law Reform in Indonesia, both related to the renewal of the Criminal Procedure Law Code (KUHAP); the Criminal Code (KUHP); as well as the Corrections Law, the discrimination in making Correctional Research on juvenile cases and adult cases should be abolished, because it has no value of justice. The equalization of treatment related to Correctional Research will optimize the role of Correctional Research and also other law enforcers in achieving the value of justice in Indonesia.

Objective: Law enforcement in Indonesia regarding criminal cases involving children as victims aims to strengthen the rule of law and improve infrastructure such as the police, prosecutors, and courts. The UN Convention on the Rights of the Child, ratified through Law No. 23 of 2002 concerning child protection, ensures that children are protected from all forms of violence, a fundamental right. The specific target of SDG 16 in the 2030 Agenda for Sustainable Development, which focuses on ending all forms of violence against children, provides a renewed push towards realizing every child's right to live free from fear, neglect, abuse, and exploitation. This study aims to provide an overview of qualitative research on criminal cases involving children as victims in Indonesia. Theoretical Framework: This research adopts a theoretical approach that includes Law Enforcement Theory, the Concept of Restorative Justice, and the SDGs Framework. These frameworks connect legal norms, social behavior, and child protection, which interact to prevent children from being stigmatized by legal proceedings and to reduce violence, improve access to justice, and enhance the effectiveness of legal institutions. Method: This study employs a normative juridical approach, analyzing laws, doctrines, and practices concerning the implementation of Restorative Justice principles within Indonesia's juvenile criminal justice system. The data is analyzed qualitatively to provide a deeper understanding of the dynamics of criminal law enforcement and its connection to the Sustainable Development Goals. Results and Discussion: This study demonstrates that the reform of Indonesia's juvenile criminal justice system, which incorporates the principles of Restorative Justice, holds significant potential to advance the achievement of the Sustainable Development Goals, particularly SDG Goal 16 on Peace, Justice, and Strong Institutions. For the Restorative Justice-based reform of the juvenile criminal justice system to effectively contribute to the realization of the Sustainable Development Goals, it requires unwavering commitment from the government and all stakeholders to address the current challenges and continually strengthen the legal and institutional frameworks that support this reform. Research Implications: Law enforcement in cases involving children as both offenders and victims must adhere to child-friendly justice principles that ensure the protection of children's rights. The findings of this study can promote the enhancement of the juvenile criminal justice system, including the establishment of specialized courts for children, the provision of legal assistance services, and the application of humane treatment in accordance with the Juvenile Criminal Justice System Law. Originality/Value: This study focuses on child victims within the criminal justice system, a group often overlooked in academic and policy debates. By concentrating on this issue, the research examines how the law addresses child victims in various situations, including sexual violence, human trafficking, exploitation, and domestic abuse.

A child's growth period requires consistent supervision and guidance from their surroundings, especially their parents. However, in the practice of law enforcement in Indonesia, children in conflict with the law are often treated like miniature adults. Legal proceedings against children, especially those who have committed crimes punishable by seven years or more of imprisonment, often ignore the principle of the best interests of the child as mandated in the juvenile justice system. This situation raises legal issues related to the retributive rather than restorative nature of law enforcement. This study aims to analyze whether the concept of Restorative Justice can be applied in the settlement of cases involving children facing criminal penalties of seven years or more, as well as how the mechanism for its application works within the juvenile criminal justice system in Indonesia. The research method used was the normative juridical method, with a statutory, conceptual, and case approach. Data was obtained through a literature study of relevant legislation, legal literature, and court decisions. The results of the study show that the application of Restorative Justice can be an alternative solution that complements the juvenile criminal justice system in Indonesia, including for juvenile offenders who face seven years or more of imprisonment. Through a diversion mechanism based on the principles of Restorative Justice, the process of resolving juvenile cases can be transferred from the criminal to the non-criminal track through mediation and negotiation involving the perpetrator, victim, family, community, and law enforcement officials. This approach has proven to better guarantee the protection of children's rights, restore social relationships, and prioritize the best interests of the child compared to the conventional approach of punishment.

Klitih has become a negative label of the last few years in the area DIY. Lebel is pinned to the perpetrators of criminal acts of persecution accompanied by vandalism committed by children, the widespread and massive occur within this period and led to loss of life and property. Act No. 11 of 2012 on the Criminal Justice System of Children who are formally to be done by the Regional Police of Yogyakarta in the treatment of perpetrators of maltreatment ( klitih ), has not given the benefit and sense of justice to the people. This happens because the concept of juvenile criminal justice system does not provide a deterrent effect to the child as a criminal offender. The pattern of interaction of children is also one of the causes of delinquency, In the juvenile criminal justice system, there is the concept of restorative justice should be applied at the beginning of the judicial system (investigation), in order to provide protection (special treatment) for children in conflict with the law so as not to disturb or shut off the child's development. It is true that the protection obtained by children in conflict with the law (especially actors), but it is different for the victim and the community, not necessarily the effect of juvenile criminal justice system can provide substantial protection and justice for him. Keywords: Children, Kliti h , Juvenile Justice System, Substantial Justice.

Restorative justice in handling juvenile delinquent occurs because of the juvenile justice system growth. The increasing number of institutions that guarantee the rights of children in juvenile delinquent at the courts has led more implementation of the criminal justice system that applies restorative justice. Alignment between the 2000 UN declaration as the main principles regarding the use of restorative justice programs in criminal matters, the Vienna Declaration on crime and justice, the XI UN congress in 2005 on crime and criminal justice as a basis for researchers who passionate to examine how philosophical concept of restorative justice in juvenile delinquent and how the mechanism for applying restorative justice in juvenile delinquent uses normative juridical research. After conducting research, the philosophical concept of restorative justice in handling juvenile delinquent can be seen from before the rise of Law Number 3 of 1997 concerning Juvenile Court which refers to the provisions of the Criminal Code Articles 45, 46, and 47 which contain the authority of judges in making decisions regarding types of crimes, types of punishment and the length of punishment for children, Law Number 3 of 1997 concerning Juvenile Court and Law Number 11 of 2012 concerning the Juvenile Criminal Justice System. In line with the philosophy of the mechanism for the application of restorative justice in handling juvenile delinquent, there are several regulations in Indonesia such as the Supreme Court Regulation Number 4 of 2014 concerning Guidelines for Implementing Diversion in the Juvenile Criminal Justice System, Government Regulation Number 65 of 2015 concerning Guidelines for Implementing Diversion and Handling of Children who have not 12 years old and a certificate from the Director General of Badilum Number 1691/DJU/SK/PS.00/12/2020 dated 22 December 2020 concerning Guidelines for the Implementation of Restorative Justice in the General Courts.

ABSTRACT
 Handling children in conflict with the law is often equated with handling criminal acts committed by adults in general. In order to tackle juvenile delinquency (delinquency), legally in Indonesia it has been regulated in various kinds of laws and regulations. One of them is Law Number 3 of 1997 concerning the Juvenile Justice System, the presence of this law is considered to be more likely to use formal jurisprudence by emphasizing retributive punishment. The paradigm of arrest, detention and imprisonment of children has the potential to limit freedom and deprive children of their independence. However, over time criminal cases committed by children in conflict with the law can be resolved using a new mechanism, namely the Diversion system adopted from The Beijing Rules which uses a restorative justice approach. So in this article the author will examine further how to apply the concept of diversion in the juvenile criminal justice system in Indonesia, especially in dealing with the crime of theft where the perpetrators are children. This type of research is of a normative juridical nature to examine laws and regulations in the Juvenile Criminal Justice System, especially the application of the principle of diversion. The type of data used is qualitative data and the data sources used are secondary data using an approach to legal material sources, namely: primary, secondary and tertiary. The results of the research concluded that the application of the diversion principle in the juvenile criminal justice system, especially the resolution of criminal acts of theft committed by children, is carried out with an agreement between the parties involved and expressed in the form of a decision. Prior to this determination, diversion had first been attempted. With this diversion, efforts are made for mediation that will lead to a peace (accord) or settlement between the perpetrator and the victim in accordance with the losses incurred, this is considering that the future of the child is prioritized as the next generation and considering that psychologically children are still not worthy of dealing with the law.
 Keywords: Diversion, Juvenile Criminal Justice System, Theft.

The settlement of criminal cases involving juveniles’against the law (ABH) through the implementation of diversion is carried out using a restorative justice approach, requiring the consent of the victim and/or the victim's child and the child's willingness. Thus, it is understood that the settlement of the ABH case cannot always be diversified. The problem in this study, regarding the implementation of restorative justice in Act Number 11 of 2012 concerning the Juvenile Criminal Justice System, regarding the concept of restorative justice as an effort to provide protection for juveniles’against the law, also the obstacles and solutions in the implementation of restorative justice. This research is a normative juridical research supported by empirical research, by conducting research in law enforcement agencies/institutes in the Medan District Court's jurisdiction, then the implementation of restorative justice in Medan District Jurisdiction area. This research is a descriptive analysis, using primary and secondary sources. Analysis of the data used in this research is qualitative data analysis. The concept of restorative justice in the Juvenile Criminal Justice System (SPPA) Law, is implemented through the application of diversification at every level of the juvenile criminal justice process. Diversion is a distraction settlement of cases of children dealing with the law from the formal process (the judicial process) to the informal process, by means of deliberation and consensus which prioritizes restorative justice. Restorative justice will provide protection for ABH, because through the implementation of diversion, the children will be kept away from the formal justice process which is possible to neglect children's rights and cause trauma to the children. The obstacle in implementing restorative justice in the jurisdiction of the Medan District Court is the lack of human resources for law enforcement officials. Supporting facilities and infrastructures are still very minimum. And there is still a lack of socialization to the society.

The role of the Fathers, LPKA and LPAS in the Juvenile Criminal Justice System since the enactment of the Juvenile Criminal Justice System Act is getting bigger and more important this is because the Correctional Center (BAPAS) through the Community Counselor (PK) has had to work since the pre-adjudication stage, this is shown through the implementation of assistance by the Community Advisor (PK) since the child is reported to have committed a crime and this is regulated in the Child Criminal Justice System Act, then the Community Advisor based on the mandate of this Law is also to immediately conduct Community Research (Litmas) within a period of 1 x 24 hours as a basis for investigators to decide whether a child will be resolved through a litigation process or a non-litigation process and the role of the Fathers continues to be carried out at the adjudication stage to post-adjudication. This role reflects that currently Correctional Services through the Correctional Technical Implementing Unit as stipulated in Law Number 11 of 2012 concerning the Juvenile Criminal Justice System have been carried out since the beginning of the criminal justice system process and are no longer relevant if correctional is in the criminal justice system. This child is positioned to be the final part of the juvenile criminal justice system. This study uses a research method with a statutory approach (statue approach), a conceptual approach (conceptual approach) by examining each norm that regulates the role of the Fathers in each article in Law Number 11 of 2012 concerning the Juvenile Criminal Justice System and linking these norms with the concept of and the level of implementation of the Juvenile Criminal Justice System Act (Alam & Purwati, 2016).

Institutions involved in the juvenile criminal justice system are not only courts, prosecutors, police, but also involve the Correctional Center. The Correctional Center or BAPAS has an important role in the juvenile criminal justice system. Therefore, this study aims to examine the function and duties of BAPAS in the juvenile criminal justice system from the perspective of fiqh siyasah. The main problem in this study is how fiqh siyasah reviews the functions and duties of Counselors in the juvenile criminal justice system. This study is a qualitative study. Data collection was carried out by interview and documentation. The study was conducted at the Bengkulu District Court class IA. This study concludes that the laws and regulations do not indicate the legal position of community counselors to be able to participate in juvenile criminal justice trials in assisting children in conflict with the law. And the positioning of community counselors during trials is not yet known. Carrying out its duties to provide guidance, supervision, and assistance to children inside and outside the criminal justice process and has been carried out with full responsibility even though some of the authorities of the community counselors are still constrained because the Temporary Child Guidance Institution (LPAS) and LPKS where these facilities do not yet exist in Bengkulu province. In fiqh siyasah, community counselors can be called muhtasib who carry out supervision, education and strive for human welfare in preventing harm among the community, especially children who are still minors.

Neuroscience and the juvenile criminal justice system In 2017, the Research and Documentation Centre of the Ministry of Justice & Security (WODC) published the report ‘Neuroscientific application in the juvenile criminal justice system’. This report concerns an inventory of possible neuroscientific applications in the juvenile criminal justice system. The release of the report attracted attention from well-recognized national media. The positive media attention was striking for several reasons. It indicated that –in contrast to a few decades ago – it has become more accepted to study neurobiological correlates of antisocial behavior. On the other hand, the overwhelming news value indicated that the idea that antisocial behavior is also associated with neurobiological deficts has not become common knowledge yet. Based on the WODC report, in the current article the authors summarize how neuroscientific knowledge and methods could be applied in the juvenile criminal justice system.

Background: The juvenile criminal justice system has evolved to incorporate restorative justice (RJ) practices, which emphasize repairing harm and rehabilitating offenders through dialogue and reconciliation. The implementation of RJ in juvenile justice systems aims to provide an alternative to punitive measures and encourage offenders to take responsibility for their actions while addressing the needs of victims and communities. Despite its promise, the effectiveness of RJ in reducing recidivism and promoting positive outcomes for juvenile offenders remains underexplored. Objective: This study aims to evaluate the effectiveness of restorative justice practices in the juvenile criminal justice system, focusing on recidivism rates, victim satisfaction, and the rehabilitation of juvenile offenders. The research seeks to assess whether RJ methods contribute to better long-term outcomes compared to traditional punitive approaches. Method: A mixed-methods approach was employed, combining quantitative analysis of recidivism rates and qualitative interviews with juvenile offenders, victims, and justice system professionals involved in RJ programs. Results: The findings show that restorative justice significantly reduces recidivism rates and improves victim satisfaction. Juvenile offenders reported feeling more accountable for their actions, and communities experienced a greater sense of justice and restoration. Conclusion: Restorative justice practices prove to be effective in the juvenile criminal justice system, offering promising alternatives to traditional punitive methods. Policymakers should consider expanding RJ programs to further enhance rehabilitation and community healing.

Diversion is very important to pay attention to in handling children of delinquent perpetrators, because it can prevent children from the stigmatization process that usually occurs in the process of criminalizing children through the juvenile justice system. In terms of protecting the best interests of children, diversion arrangements can be found in several international legal instruments such as The Beijing Rules, and in national legal instruments such as the Juvenile Criminal Justice System Act. The purpose of this study is to examine the diversion arrangements in The Beijing Rules and their arrangements in the Law on the Juvenile Criminal Justice System in Indonesia, then to examine these two arrangements. The research method used is normative legal research using statutory, conceptual, and comparative approaches. The results of the study show that the purpose of diversion in The Beijing Rules is not fully seen in the Law on the Juvenile Criminal Justice System. Because even though the provisions for diversion have been regulated, the existence of space that diversion can be pursued at the stages of investigation, prosecution and examination at trial has resulted in cases still being included in the juvenile justice system by giving a stronger stigma to children who are in conflict with the law.

This normative juridical research, utilizing statutory and conceptual approaches, aims to explore future policy models for the legal protection of children within the juvenile criminal justice system in Indonesia. Acknowledging various challenges in the current system, the study emphasizes the necessity of reforming policies to ensure legal certainty and justice for minors in conflict with the law. The proposed model advocates for a 'pure decriminalization' approach, which involves removing the punishable nature of certain criminal elements committed by juvenile legal subjects. This model is complemented by a protection policy that underscores preventative measures to decrease the involvement of children in the criminal justice system. A significant emphasis is placed on integrating technology into the system to enhance efficiency and security, thereby safeguarding children's rights more effectively. Additionally, the research highlights the need for increased inter-agency and cross-sectoral cooperation within the legal structure (police, prosecutors, and courts) to create a more coordinated and holistic approach in addressing juvenile justice issues. The findings suggest that these strategic efforts can contribute significantly to the improvement of procedural law applications for children, ensuring their human rights are not violated in future legal encounters.Highlights:
 
 Pure Decriminalization Model: Emphasizes removing the punitive aspects for certain juvenile offenses, focusing on rehabilitation over punishment.
 Technological Advancements: Integration of technology in the juvenile justice system to enhance efficiency, security, and protection of children's rights.
 Enhanced Inter-agency Collaboration: Advocates for improved cooperation between legal entities for a holistic and coordinated approach to juvenile justice issues.
 
 Keywords: Juvenile Justice, Decriminalization, Legal Protection, Technology Integration, Inter-agency Cooperation

Objectives: This study aims to analyze the application of diversion in Indonesia in the process of resolving narcotics crime cases against children. It is expected that resolution through the diversion method based on the concept of restorative justice can be regulated in more detail in Act No. 35 of 2009 concerning Narcotics as a legal source in handling criminal cases in Indonesia. Methodology: This normative legal research employed a jurisprudential approach (legal products formed from judges' decisions) and laws to analyze problems, which were discussed using legal regulations in the form of secondary data (primary, secondary, and tertiary legal materials). The analysis was carried out qualitatively, and the discussion of the problem formulation used literature studies and decision documents issued by the court. Findings: Settlement of criminal cases based on the concept of restorative justice at the level of law enforcement in the police, prosecutor's office, and courts can reduce the backlog of cases and achieve legal justice as desired by the community. The court ruling of diversion in cases Number 20/Pid.Sus-Anak/2018/PN Trg, Number 2/Pid.Sus-Anak/2020/PN Trg, Number 3/Pid.Sus-Anak/2020/PN Trg, and Number 11/ Pid.Sus-Anak/2020/PN Trg at the Tenggarong District Court provided remedies to the parties in the cases based on Act No. 11 of 2012 concerning the Juvenile Criminal Justice System and Act No. 35 of 2009 concerning Narcotics. Based on the findings of the judge's judgment, it was found that the aim of implementing the Juvenile Criminal Justice System is to jointly seek a fair solution by emphasizing restoration to the original condition and not retaliation. Benefits: The government needs to create a comprehensive legal basis to regulate the process of resolving cases of narcotics abuse in children based on restorative justice simultaneously and integrated in the future reform of Narcotics Law in Indonesia. Novelty: The latest legal basis for the process of resolving narcotics abuse cases based on restorative justice is linked to Act No. 11 of 2012 concerning the Juvenile Criminal Justice System and Act No. 35 of 2009 concerning Narcotics. Based on these provisions, further discussion regarding the process of resolving criminal cases based on the concept of restorative justice by providing diversion determinations to children is discussed. Keywords: Abuse, Narcotics, Restorative Justice, and Children ABSTRAK Tujuan: Menganalisis penerapan diversi di Indonesia dalam proses penyelesaian perkara tindak pidana narkotika terhadap anak. Penyelesaian melalui metode diversi berbasis konsep keadilan restoratif diharapkan dapat diatur secara lebih rinci di dalam Undang-Undang No.35 Tahun 2009 tentang Narkotika sebagai sumber hukum dalam menangani perkara pidana di Indonesia. Metodologi: Penelitian ini termasuk penelitian hukum normatif dengan menggunakan pendekatan jurisprudensi (produk hukum yang terbentuk dari keputusan hakim) dan undang-undang untuk menganalisis permasalahan yang akan dibahas menggunakan peraturan hukum berupa data sekunder (bahan hukum primer, sekunder dan tersier). Analisis dilakukan secara kualitatif dan pembahasan atas rumusan masalah menggunakan studi kepustakaan dan dokumen penetapan yang dikeluarkan oleh pengadilan. Temuan: Penyelesaian perkara pidana berbasis konsep keadilan restoratif pada tingkat penegakan hukum di kepolisian, kejaksaan dan pengadilan dapat mengurangi penumpukan perkara dan mewujudkan keadilan hukum sebagaimana diinginkan lingkungan masyarakat. Penetapan diversi, dalam perkara Nomor 20/Pid.Sus-Anak/2018/PN Trg, Nomor 2/Pid.Sus-Anak/2020/PN Trg, Nomor 3/Pid.Sus-Anak/2020/PN Trg dan Nomor 11/Pid.Sus-Anak/2020/PN Trg di Pengadilan Negeri Tenggarong. Memberikan pemulihan kepada para pihak yang berperkara ini berdasar pada Undang-Undang No.11 Tahun 2012 tentang Sistem Peradilan Pidana Anak dan Undang-Undang No.35 Tahun 2009 tentang Narkotika. Berdasarkan temuan dari putusan hakim didapati bahwa tujuan diterapkannya sistem peradilan pidana anak untuk bersama-sama mencari penyelesaian yang adil dengan menekankan pemulihan pada keadaan semula dan bukan pembalasan. Kegunaan: Pemerintah perlu membuat landasan hukum yang komprehensif untuk mengatur proses penyelesaian perkara penyalahgunaan narkotika pada anak berbasis keadilan restoratif secara simultan dan terintegrasi dalam pembaharuan undang-undang narkotika di Indonesia masa mendatang. Kebaruan: Dasar hukum terbaru dalam proses penyelesaian perkara penyalahgunaan narkotika berdasar keadilan restoratif yang dikaitkan Undang-Undang No.11 Tahun 2012 tentang Sistem Peradilan Pidana Anak dan Undang-Undang No.35 Tahun 2009 tentang Narkotika. Berdasarkan ketentuan tersebut akan dibahas lebih lanjut terkait proses penyelesaian perkara pidana berbasis konsep keadilan restoratif dengan memberikan penetapan diversi kepada anak. Keywords: Penyalahgunaan, Narkotika, Keadilan Restoratif dan Anak