Restorative Justice Concept for Children Conflicting Laws in Children Criminal Justice System

DOI

10.2991/aebmr.k.200226.040How to use a DOI?

Keywords

Restorative Justice, Children in Conflict with Law, the Criminal Justice System for Children

Abstract

The research with the theme “The Concept of Restorative Justice for Children in Conflict with the Law in the Criminal Justice System for Children” aims to understand, explain, and analyze how the concept of restorative justice is used as a basis in handling cases of children in conflict with the law. This research is a normative legal and empirical research. This research method begins with a juridical study first by reviewing the legislation related to children, namely Law Number 11 of 2012 concerning the Criminal Justice System for Children; Law Number 35 of 2014 concerning Amendment to Law Number 23 of 2002 concerning Child Protection; Law Number 4 of 1979 concerning Child Welfare, Law Number 10 of 2012 concerning the Convention on the Rights of the Child. Empirical legal research was carried out with interviews in the field, which was conducted at the Women’s and Children's Protection Unit (UPPA) of the East Java Regional Police. Restorative Justice is a concept of thought that responds to the development of the criminal justice system by involving the community and victims with a mechanism that works in the existing criminal justice system. According to Article 1 number 6 of the SPPA Law, Restorative Justice is the settlement of a criminal offense by involving perpetrators, victims, the families of the perpetrators / victims, and other related parties to jointly seek a just solution by emphasizing recovery in its original state, and not retaliation. However, in practice, diversion with restorative justice cannot be carried out maximally because it requires an agreement with the victim or the victim’s family.

Copyright

© 2020, the Authors. Published by Atlantis Press.

Open Access

This is an open access article distributed under the CC BY-NC license (http://creativecommons.org/licenses/by-nc/4.0/).

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TY  - CONF
AU  - Erny Herlin Setyorini
AU  - Sumiyati
AU  - Pinto Utomo
PY  - 2020
DA  - 2020/03/04
TI  - Restorative Justice Concept for Children Conflicting Laws in Children Criminal Justice System
BT  - Proceedings of the International Conference on Law Reform (INCLAR 2019)
PB  - Atlantis Press
SP  - 195
EP  - 199
SN  - 2352-5428
UR  - https://doi.org/10.2991/aebmr.k.200226.040
DO  - 10.2991/aebmr.k.200226.040
ID  - Setyorini2020
ER  -