Proceedings of the International Conference For Democracy and National Resilience (ICDNR 2021)

Implications of Restorative Justice on Children of Sexual Violence

Authors
Gayatri Dyah Suprobowati, Subekti
Faculty of Law, Sebelas Maret University, Indonesia
*Corresponding author. Email: gayatridyahsuprobowati@yahoo.com
Corresponding Author
Gayatri Dyah Suprobowati
Available Online 21 December 2021.
DOI
10.2991/assehr.k.211221.019How to use a DOI?
Keywords
Restorative Justice; Child Perpetrators; Sexual Violence
Abstract

This study aims to explain the implications of restorative justice for children as perpetrators of sexual violence. So far, the imposition of punishments for the perpetrators of crimes is one proof of success in law enforcement efforts. However, because the perpetrator of sexual violence is carried out by a child, deciding on the punishment to be imposed is not an easy decision. Considering that a child has rights that must be properly guarded and protected. This research is a normative research using a statutory and conceptual approach. Data obtained by literature study on matters relating to the subject of study. The results show that the implications of restorative justice for children who are perpetrators of sexual violence can provide justice for children, victims, and their families. Settlement through restorative justice can be applied to child perpetrators who commit crimes of sexual violence because in Law Number 11 of 2012 concerning the Juvenile Justice System which has emphasized that the juvenile justice system is obliged to prioritize theapproach restorative justice and children as perpetrators of sexual violence. have the right to protection and fair punishment. Thus, it will prioritize restoration back to its original state and restore the pattern of good relations in the community so that children’s rights are as stated in The 1945 Constitution of the Republic of Indonesia in article 28B section (2) and Law Number 23 of 2002 concerning Child Protection in conjunction with Law Number 35 of 2014 concerning Amendments to Law Number 23 of 2002 concerning Child Protection can be fulfilled.

Copyright
© 2021 The Authors. Published by Atlantis Press SARL.
Open Access
This is an open access article under the CC BY-NC license.

Download article (PDF)

Volume Title
Proceedings of the International Conference For Democracy and National Resilience (ICDNR 2021)
Series
Advances in Social Science, Education and Humanities Research
Publication Date
21 December 2021
ISBN
10.2991/assehr.k.211221.019
ISSN
2352-5398
DOI
10.2991/assehr.k.211221.019How to use a DOI?
Copyright
© 2021 The Authors. Published by Atlantis Press SARL.
Open Access
This is an open access article under the CC BY-NC license.

Cite this article

TY  - CONF
AU  - Gayatri Dyah Suprobowati
AU  - Subekti
PY  - 2021
DA  - 2021/12/21
TI  - Implications of Restorative Justice on Children of Sexual Violence
BT  - Proceedings of the International Conference For Democracy and National Resilience (ICDNR 2021)
PB  - Atlantis Press
SP  - 103
EP  - 107
SN  - 2352-5398
UR  - https://doi.org/10.2991/assehr.k.211221.019
DO  - 10.2991/assehr.k.211221.019
ID  - Suprobowati2021
ER  -