PENDEKATAN KEADILAN RESTORATIF TERHADAP ANAK YANG BERHADAPAN DENGAN HUKUM

Abstract

The conditions experienced by Indonesian children at this time are not in
accordance with the expectations of parents in general. In a number of criminal
cases, not least involving children. Law No. 11 of 2012 concerning the Juvenile Criminal Justice System, was formed as one of the efforts to foster and protect
in the framework of guaranteeing the physical, mental and social development
of children, wholly harmonious and balanced. In Article 69 of the SPPA Law,
it is stated that children are only sentenced or subject to action based on the
provisions of the criminal justice system for children and children who are not
yet 14 (fourteen) years old are only subject to action. what happened then can
be used as a basis for the judge’s consideration, not to impose a sentence or
take action by considering the aspects of justice and humanity. The problem
is in fulfilling restorative justice as a settlement of criminal cases involving
perpetrators, victims, families of perpetrators or victims, and other related
parties to work together, seek a fair solution by emphasizing restoration of
justice to its original state, but punishment which leads to retaliation often
occurs in the context of Children Against the Law (ABH). This research was
conducted using normative juridical methods. The research approach uses
a statutory approach. The data source used in this study is a secondary data
source which is then analyzed qualitatively