Restorative Justice sebagai Pembaharuan Sistem Peradilan Pidana Berdasarkan Undang-Undang Nomor 11 Tahun 2012 Tentang Sistem Peradilan Pidana Anak

Abstract

This thesis discusses Restorative Justice which is a reform in the juvenile criminal justice system based on Law Number 11 of 2012 concerning the Juvenile Criminal Justice System which replaced Law Number 3 of 1997 concerning Juvenile Courts. Restorative Justice is a resolution method outside the criminal justice process which aims to restore the order of life in society damaged by crime. Law Number 11 of 2012 provides a strong legal basis for the implementation of Restorative Justice in resolving children's cases, so that children in conflict with the law are not immediately processed legally but rather emphasize the best interests of the child and criminal law as a last resort for the child. The problem is based on the description above, namely how is the basis for the formation of the concept of Restorative Justice in the Juvenile Criminal Justice System, what is the concept of Restorative Justice from the perspective of Law Number 11 of 2012 concerning the Juvenile Criminal Justice System, and what are the potentials and obstacles that will be faced in implementing the Restorative concept Justice in the Juvenile Criminal Justice System. The research methods used are normative juridical and empirical juridical. Primary data was obtained from various literature and regulations related to the problems in this thesis. Meanwhile secondary data was obtained from interviews with several sources and informants from law enforcement agencies. The basis for the formation of the concept of Restorative Justice in Indonesia comes from the customary laws of various tribes in Indonesia. Like the Minangkabau, Mandailing, Toraja, Balinese and other traditions, this concept has been implemented, which is better known as deliberation for consensus. The concept of Restorative Justice was also known in 1970 in Canada. The concept of Restorative Justice is implemented in article 7 of Law 11 of 2012 using Diversion. The potential available when implementing the Restorative Justice concept is that the institutions and professionals of law enforcement officers are substantively guaranteed in Law Number 11 of 2012 plus the community is very supportive of the implementation of Restorative Justice in the Juvenile Criminal Justice System in the future. The obstacle that will be faced by law enforcement officers is that the resources of law enforcement officers do not yet fulfill what is mandated by Law Number 11 of 2012, namely the existence of children's judges, children's prosecutors and children's police which is a necessity in every agency. Inadequate infrastructure in every law enforcement agency is also an obstacle to the implementation of the Restorative Justice concept in the future, as well as the legal culture of society which many law enforcement officials complain about which can make it difficult to implement the Restorative Justice concept in the Juvenile Criminal Justice System.