MEASURING RESTORATIVE JUSTICE IN HANDLING CHILDREN FACING THE LAW OF SEXUAL VIOLENCE

Authors

  • Andi Wahyu Suwardi Langlangbuana University, Bandung, Indonesia
  • Hadi Purnomo Langlangbuana University, Bandung, Indonesia

Keywords:

Justice, Restorative, Child, Sexual Violence

Abstract

For children in conflict with the law, the formal justice system which places children in the status of prisoners has major consequences in the lives children. While in Indonesia the majority of criminal cases are resolved through the criminal justice system.

Law enforcement against children as perpetrators of the crime sexual violence with child victims must still pay attention to the principle of proportionality. This principle seeks to limit the consequences of punishment and restrain public response in order to remain proportionate to the perpetrators of child sexual abuse.

In addition to focusing on activities, this idea also considers the child's environment. Meanwhile, law enforcement that cannot be carried out through diversion must still pay attention to children's rights, so that if children are convicted, they are only subject to half of the adult sentence, so that they can return to society naturally and are equipped with skills.

References

Legislation

Constitution Dasar 1945

Law Number Year 2012 on Children's Prison Justice System

Law Number Year 2016 on the Protection of Children

Regulation of the Mahkamah Agung Republic Indonesia

Law. 4 of 2014 on Guidelines for the Implementation of Diversion in Juvenile Justice System

Law Number 35 Year 2014 on the Amendment of Law Number 23 Year 2002 on the Protection of Children

Law Number 13 Year 2006 on Protection of Witnesses and Victims

Government Regulation No. 43/2017 on the Implementation of Restitution for Children Who are Victims Criminal Acts

Regulation of the Attorney General Republic Indonesia Number Per-006/A/J.A/04/2015 on Guidelines for the Implementation of Diversion at the Prosecutor' Level

Journal

Chepi Ali Firman Zakaria, Ade Mahmud, Aji Mulyana, Legal Protection of Children of iSexual Abuse In Restorative Justice Perspective. Journal of Legal Research De Jure, Vol.3, No. 1

Emy Rosna Wati, Handling Children Who Conflict With Law. Justitia i: Journal Law, Vol. i1, No. 2

Nani Susilowati, Nurini Aprilianda, Faizin Sulistio. Concept of Restorative Justice in Criminal Acts of Sexual Violence with Child Perpetrator and Victims. Varia Justicia, Vol, No. 2

Randy Pradityo, Restorative Justice In Child Conviction System. Journal Justice Law, Vol. No. 3

Sriwiyanti, Wahyu Saefudin, Siti. Restorative Justice for Juvenile Offenders in Indonesia: A Study of Psychological Perspective and Islamic Law. Journal of Islamic Law i(JIL), Vol. 2, No. 2

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Published

2023-03-31

How to Cite

Suwardi, A. W., & Purnomo, H. (2023). MEASURING RESTORATIVE JUSTICE IN HANDLING CHILDREN FACING THE LAW OF SEXUAL VIOLENCE. International Journal of Asia Pasific Collaboration, 1(2), 43–49. Retrieved from http://ijapcollaboration.com/index.php/IJAPC/article/view/18

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