Implementation of the Restorative Justice Paradigm in Juvenile Judges’ Decisions Based on the Indonesian Juvenile Justice System

DOI

10.2991/978-2-38476-164-7_104How to use a DOI?

Keywords

Implementation; Juvenile Judge’s Verdict; Restorative Justice Paradigm

Abstract

At every stage in the Indonesian juvenile criminal justice system, it is mandatory to prioritize a restorative justice approach. Therefore, it is the duty of juvenile judges to seek restorative justice decision-making. This paper aims to find the construction of the restorative justice paradigm in juvenile judge decisions. In addition, it aims to determine the implementation of restorative justice rulings in the practice of juvenile trials. The research method examines the concept of restorative justice with the judge’s decision as the object of study, especially in the paradigm of judges in ruling. In discussing this issue using a normative juridical approach. The data studied are secondary data consisting of primary legal material and secondary legal material as well as tertiary legal material. Legal materials are systematically identified, classified and collected. The existing legal materials are then analyzed with qualitative, argumentative, and normative analytical techniques to answer the formulation of the problem in this study. The results showed that the construction of restorative justice rulings, namely rulings that prioritize recovery or improvement for parties to the conflict, namely perpetrators, victims, and the community. Therefore, the construction of restorative justice in the decision of the juvenile judge, namely a decision in the form of: Peace with or without compensation to the victim; Medical and psychosocial rehabilitation; Hand over back to parent/Guardian; Participation in education or training in educational institutions or Social Welfare Institutions; and Community service. Factors inhibiting the implementation of the restorative justice paradigm in juvenile judges’ decisions, namely legal structure factors, legal substance and legal cultural factors.

Copyright

© 2023 The Author(s)

Open Access

Open Access This chapter is licensed under the terms of the Creative Commons Attribution-NonCommercial 4.0 International License (http://creativecommons.org/licenses/by-nc/4.0/), which permits any noncommercial use, sharing, adaptation, distribution and reproduction in any medium or format, as long as you give appropriate credit to the original author(s) and the source, provide a link to the Creative Commons license and indicate if changes were made.

Download article (PDF)

TY  - CONF
AU  - Setya Wahyudi
AU  - Angkasa
AU  - Rani Hendriana
PY  - 2023
DA  - 2023/12/21
TI  - Implementation of the Restorative Justice Paradigm in Juvenile Judges’ Decisions Based on the Indonesian Juvenile Justice System
BT  - Proceedings of the 3rd International Conference on Law, Governance, and Social Justice (ICoLGaS 2023)
PB  - Atlantis Press
SP  - 1124
EP  - 1136
SN  - 2352-5398
UR  - https://doi.org/10.2991/978-2-38476-164-7_104
DO  - 10.2991/978-2-38476-164-7_104
ID  - Wahyudi2023
ER  -