Scholars International Journal of Law, Crime and Justice (SIJLCJ)
Volume-4 | Issue-12 | 715-721
Original Research Article
Reconstruction of a Restorative Justice Policy on Juveniule Crime Based on Justice Value
Warijan, Mahmutarom H. R, Anis Mashdurohatun
Published : Dec. 19, 2021
Abstract
In the Implementation of the principle of restorative justice in cases of criminal acts or violations involving children, the Government of Indonesia has issued Law Number 11 of 2012 concerning the Juvenile Criminal Justice System. The problems in this study are what are the current weaknesses of restorative justice policies in criminal cases with juvenile perpetrators and how is the reconstruction is based on justice. The research method uses the constructivism paradigm, the approach method uses sociological juridical, descriptive-analytical research type, with primary and secondary data types and sources in the form of primary legal materials, secondary legal materials, and tertiary legal materials. Methods of data collection by observation, interviews, and literature study, and analyzed using a Qualitative analysis method. The results of this study are 1) The Weaknesses of restorative justice policies in cases of criminal acts with juvenile perpetrators are: a. Weaknesses of the Legal Substance are the unclear regulation of criminal acts under 7 years of age based on Article 7 paragraph 2 letter a, can only be carried out against criminal acts that are threatened with imprisonment for less than 7 years. The modus operandi which is increasingly widespread is also increasingly varied so that it becomes a challenge for law enforcement, especially if the crime is committed by a child. b. The weakness of the legal structure is that the peace between the victim and the child perpetrator is very different when it comes to the principle of the best interests of the child. If the diversion agreement is not reached, there will be great opportunities for imprisonment for the child. c. The weakness of the legal culture is the weakness of the principle of the best interests of the child, which must obtain the consent of the victim and or the victim's family as well as the willingness of the child and or his family. 2) The Reconstruction of restorative justice policies in cases of criminal acts with juvenile perpetrators based on justice are: Reconstruction in Article 10 by adding a sentence in the second paragraph letter d of Law Number 11 of 2012 concerning the Juvenile Criminal Justice System.