Restorative Justice As A Protection Model For Juveniles Againts The Law

Muhammad Ansori Lubis,Gomgom T.P Siregar,Rudolf Silaban

The settlement of criminal cases involving juveniles’against the law (ABH) through the implementation of diversion is carried out using a restorative justice approach, requiring the consent of the victim and/or the victim's child and the child's willingness. Thus, it is understood that the settlement of the ABH case cannot always be diversified. The problem in this study, regarding the implementation of restorative justice in Act Number 11 of 2012 concerning the Juvenile Criminal Justice System, regarding the concept of restorative justice as an effort to provide protection for juveniles’against the law, also the obstacles and solutions in the implementation of restorative justice. This research is a normative juridical research supported by empirical research, by conducting research in law enforcement agencies/institutes in the Medan District Court's jurisdiction, then the implementation of restorative justice in Medan District Jurisdiction area. This research is a descriptive analysis, using primary and secondary sources. Analysis of the data used in this research is qualitative data analysis. The concept of restorative justice in the Juvenile Criminal Justice System (SPPA) Law, is implemented through the application of diversification at every level of the juvenile criminal justice process. Diversion is a distraction settlement of cases of children dealing with the law from the formal process (the judicial process) to the informal process, by means of deliberation and consensus which prioritizes restorative justice. Restorative justice will provide protection for ABH, because through the implementation of diversion, the children will be kept away from the formal justice process which is possible to neglect children's rights and cause trauma to the children. The obstacle in implementing restorative justice in the jurisdiction of the Medan District Court is the lack of human resources for law enforcement officials. Supporting facilities and infrastructures are still very minimum. And there is still a lack of socialization to the society.

Volume 12 | Issue 6

Pages: 581-588

DOI: 10.5373/JARDCS/V12I6/S20201066