The Implementation of Restorative Justice to Children as Perpetrator in Criminal Investigation in Indonesia

Abstract

Handling of children as perpetrators of criminal acts by law enforcement officers through the criminal justice process tends to harm the future of the children. Law enforcement is often formal and does not reflect child protection. In Indonesia Law No.12 Year 2011 on Child Juvenile Justice has been set about restorative justice, therefore this paper aims to analyze how the implementation of restorative justice by investigators against children as perpetrators of criminal acts in Indonesia. The approach method used was sociological juridical with data primer obtained through interviews with investigators in the Central Java Women's and Child Protection Unit (PPA). Data analysis method used is qualitative analysis. As a blade analysis, the researcher used the theory of restorative justice and discretion theory. The results showed that the implementation of restorative justice on children as perpetrators of criminal acts in Indonesia, especially in Central Java Regional Police in general has not been successful, because of the existing cases in 2016 and 2017 only about 28% that can be overcome by restorative justice, and 72% a formal settlement is made. Restorative justice efforts are exempted to children committing criminal offenses with imprisonment for more than 7 years and repeat offenses (recidivist). And against the perpetrators of criminal acts of murder and rape are not done diversion.