SISTEM PERADILAN PIDANA
ANAK
DALAM UNDANG-UNDANG
NOMOR 11 TAHUN 2012
(PERSPEKTIF KEADILAN
RESTORATIF/RESTORATIVE JUSTICE)
ABSTRACT
The
future of the children will determine the future of the nation. The increasing
problem of juvenile delinquency in this globalization and information
technology era, requires the state to give more attention to the child's
future. Children in conflict with the law, is essential in order to think about
the protection of their rights. Application of the criminal justice system for
children in Indonesia is as stipulated in Law Number 3 of 1997 potentially
detrimental to the children interests. In practice, the judicial system had
many problems. Among them is a violation of the rights of children, such as:
physical and psychological violence children, deprivation of the right to
education and welfare. It happened because the juvenile justice system contrary
to national and international regulations on the protection of children’s
rights. Besides that, theory of punishment for the juvenile delinquency still
refers to the concept of retribution for the crimes. This concept is not very
useful for the development of the child, so the concept to be repaired with the
concept of restorative justice. With this concept, the criminal justice system for the juvenile delinquency,
leads to the restoration of the state of the settlement pattern involving the
perpetrator, the victim, and their families and engage the community. It is done with consideration of the
interests of the protection of children in conflict with the law, while social
order can still be controlled. Whereas in line with this spirit of the
restorative justice, it gives birth to the law number 11 of 2012 on the
Criminal Justice System for The Children.
Key
Words: Restorative Justice, Rights of the Child, Juvenile Delinquency.
